Risk management
legal 100In this assignment, you, in the role of a risk manager at Simply
> Green Products, will draft a document that is commonly used in the business
> world—a memorandum to your boss.
>
> Simply Green Products is a $10 million company that produces biodegradable
> packing materials that orchards use in the Shenandoah Valley to transport
> their apples, peaches, and pears nationwide. Biodegradable materials are
> more eco-friendly because they break down into the environment. Such
> packing materials are marketed under the name “SafePack,” which is heavily
> advertised in trade journals. Simply Green Products have had the name
> “SafePack” imprinted on all of their packing material since 2008; however,
> they never filed for either state or federal trademark protection. With the
> movement toward more eco-friendly agricultural production, the fact that
> such packing materials are biodegradable provides a primary marketing
> advantage over non-biodegradable competitors.
>
> The company president, Shep Howard, has recently become aware of several
> issues that may require referral to the company’s outside counsel. Because
> you serve as the company’s risk manager, Howard has asked you to leverage
> your legal and managerial skills to draft a memorandum that addresses one
> (1) of the two (2) situations described below:
>
> – An environmental group is asserting that SafePack materials are not
> biodegradable. In fact, the group claims that these materials are
> causing
> an environmental hazard that is seeping from a local landfill into a
> nearby
> stream. An environmental group, SafePack Materials Pollute, has sprung
> up
> and launched an Internet campaign geared toward compelling fruit
> producers
> to stop purchasing your packing materials. The situation at hand raises
> environmental issues that relate to the Clean Water Act and the Solid
> Waste
> Disposal Act.
>
>
> – A company called Safe Choices, Inc. has accused Simply Green Products
> of trademark infringement, and has sent a cease and desist letter to
> President Howard, demanding that Simply Green Products stop using the
> name
> “SafePack”. The letter asserts that a) Safe Choices uses the SafePack
> name
> to market an emergency weather kit in the form of a backpack; and that
> b)
> Safe Choices had received a federal registration for the mark from the
> Patent and Trademark Office in 2002. This backpack is sold both online
> at
> safepack.com and in sporting goods stores nationwide. The letter goes on
> to suggest that Simply Green Product’s use of this name “constitutes a
> false designation of origin which is likely to confuse customers as to
> the
> source of the goods”. The intellectual property issue at hand involves
> the
> Lanham Act.
>
> For *one (1)* of the two (2) situations set out above, write a three to
> four (3-4) page memorandum to President Howard. Ensure that you address
> each of the questions below within your memo so that President Howard may
> assess whether or not Simply Green Products needs to hire outside counsel
> to address the matter at hand.
>
> 1. Discuss the elements that must be present in order for one to prove a
> valid claim under the law(s) specified (i.e., the Clean Water Act, the
> Solid Waste Disposal Act, or the Lanham Act).
> 2. Determine whether or not the activity of Simply Green Products
> amounts to a violation of the applicable law (i.e., the Clean Water Act,
> the Solid Waste Disposal Act, or the Lanham Act). If you chose the
> environmental issue, determine whether or not seepage from your products
> into a stream would violate the Clean Water Act, the Solid Waste
> Disposal
> Act, or both. Explain your rationale. If you chose the intellectual
> property matter, determine whether or not continued use of the SafePack
> name by your company would violate the Lanham Act. Explain your
> rationale.
> 3. Decide whether or not President Howard should refer this chosen
> matter to the company’s outside counsel. Provide a rationale for your
> decision.
> 4. Use at least three (3) high-quality academic references. As the cases
> discussed within the assignment are hypothetical, you will not find any
> solutions to them on the Internet. Further, note that Wikipedia, blogs,
> and
> such Websites as Free Dictionary do not qualify as academic resources,
> whereas your textbook does. Use the Strayer Learning Resource Center
> (LRC)
> to locate high-quality academic references.
>
> Your assignment must follow these formatting requirements:
>
> – Include a cover page containing the title of the assignment, your
> name, the professor’s name, the course title, and the date.
>
>
> – Draft this in the form of a letter that is typed, double-spaced, and
> uses Times New Roman font (size 12) with one-inch margins on all sides.
>
>
> – Include your citations in the body of your letter and include your
> list of references at the end. All citations must follow the APA.
>
>
> – Be sure to follow all additional instructions provided by your
> professor.
>
> The specific course learning outcomes associated with this assignment are:
>
> – Describe the legal environment of business, the sources of American
> law, and the basis of authority for government to regulate business.
>
>
> – Use technology and information resources to research issues in
> business law.
>
>
> – Write clearly and concisely about business law using proper writing
> mechanics.
>
…………..Answer Preview……………….
Risks in business are unavoidable. In the case that a business is to succeed, the business executives have to be cautious. In the case that the business plan is not inclusive of he risks and how they are to be mitigated, the business may face a lot of setbacks. Risks in organizations are often associated with the department in question. It is therefore better that or classifies the departments according to the tasks involved and, there, assess the risks and how they would be mitigated. Take the case of a company………………………
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