Administrative Agencies and Ethics Assignment Paper
Assignment
Scenario 2: Administrative Agencies and Ethics
Are there any legal or ethical barriers to relationships between corporate officers and members of administrative agencies involved in reviewing or regulating corporate activity? What should Day do? What would you advise Day to do if you were head of human resources or legal counsel for Future Electronics?
There is a legal barrier to the relationship. 5 CFR § 2635.502 presented by the office of government ethics explains that no personal relationship should exist between the two. If there is a personal relationship, then it should not have a direct and predictable effect on the financial interests of either party. That is because such as relationship would have an effect on effect on the expected impartiality and bring it into question. On the other hand, if a personal relationship exists and it has an effect on financial interests of either party, then the administrative agency should be informed of the relationship so that they can determine if the member of the agency should continue handling the issue (Cornell Law School, n.d.). Administrative Agencies and Ethics Assignment Paper
Given this awareness, Day should first talk to Brown about the legal concerns of their personal relationship and questions about impartiality. If they are to have a personal relationship, then Brown should not handle the application. However, if they are not to have a relationship, then Brown can continue to handle the application (Cornell Law School, n.d.).
As the legal counsel of Futures Electronics, I would advise Day to document the case situation and inform Brown about the concerns. If Brown shares the same concerns, then she would not handle the application if she intends to have a personal relationship. However, if she intends to have a personal relationship with Day, then should would inform the agency about the possible conflict of interest and have the agency approve her continued handling of the application or have it assign another officer to handle the application. This is important for ensuring that the application is not questioned over impartiality concerns at a future date (Uhl-Bien, Piccolo & Schermerhorn, Jr., 2020).
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Scenario 3: International Law
There are significant facts of the case that must be considered. First, Lauren is considered a strong mark since it has gained sufficient secondary meaning across the world as a brand. Second, there is similarity between the marks. A comparison reveals that they both use Lauren, a similarity that cannot be ignored. This similarity means that the mark is likely to cause confusion between customers. Third, although there is no similarity between goods, this constitutes a false association and infringement case. Ralph Lauren did not produce watches at the time. The basis for an infringement is that consumers may mistakenly purchase the Lauren watches thinking that they are produced by Ralph Lauren. The watches are not similar to Ralph Lauren products, and therefore they are unlikely to cause confusion in the market. While the products are somewhat dissimilar, the notoriety of Ralph Lauren brand would be leveraged by Reliable Time Inc. to market Lauren watches to make a profit. This constitutes a false association and infringement. These three facts of the case make the court likely to rule against Reliable Time Inc. and in favor of the CBP (Whitmore, 2021).
References
Cornell Law School (n.d.). 5 CFR § 2635.502 – Personal and business relationships. https://www.law.cornell.edu/cfr/text/5/2635.502
Uhl-Bien, M., Piccolo, R. F., & Schermerhorn, Jr., J. R. (2020). Organizational Behavior (2nd ed.). John Wiley & Sons, Inc.
Whitmore, N. (2021). Creative Expression and the Law. Rowman & Littl
Scenario 2: Administrative Agencies and Ethics
Are there any legal or ethical barriers to relationships between corporate officers and members of administrative agencies involved in reviewing or regulating corporate activity? What should Day do? What would you advise Day to do if you were head of human resources or legal counsel for Future Electronics?
There is a legal barrier to the relationship. 5 CFR § 2635.502 presented by the office of government ethics explains that no personal relationship should exist between the two. If there is a personal relationship, then it should not have a direct and predictable effect on the financial interests of either party. That is because such as relationship would have an effect on effect on the expected impartiality and bring it into question. On the other hand, if a personal relationship exists and it has an effect on financial interests of either party, then the administrative agency should be informed of the relationship so that they can determine if the member of the agency should continue handling the issue (Cornell Law School, n.d.).
Given this awareness, Day should first talk to Brown about the legal concerns of their personal relationship and questions about impartiality. If they are to have a personal relationship, then Brown should not handle the application. However, if they are not to have a relationship, then Brown can continue to handle the application (Cornell Law School, n.d.).
As the legal counsel of Futures Electronics, I would advise Day to document the case situation and inform Brown about the concerns. If Brown shares the same concerns, then she would not handle the application if she intends to have a personal relationship. However, if she intends to have a personal relationship with Day, then should would inform the agency about the possible conflict of interest and have the agency approve her continued handling of the application or have it assign another officer to handle the application. This is important for ensuring that the application is not questioned over impartiality concerns at a future date (Uhl-Bien, Piccolo & Schermerhorn, Jr., 2020).
References
Cornell Law School (n.d.). 5 CFR § 2635.502 – Personal and business relationships. https://www.law.cornell.edu/cfr/text/5/2635.502
Uhl-Bien, M., Piccolo, R. F., & Schermerhorn, Jr., J. R. (2020). Organizational Behavior (2nd ed.). John Wiley & Sons, Inc. Administrative Agencies and Ethics Assignment Paper