Question A: SUCCESSIVE CONFLICT Fiduciary Duty Practitioners must not accept a retainer in any action against a former client or someone from whom they have obtained confidential and material information and it is reasonable to conclude that there is a real possibility the information will be used to the persons detriment. There was no retainer between Virginia and Teddy, but a duty of confidentiality could still apply in equity if the information was believed to be confidential or in a lawyer-client relationship. Because of the informal social setting and lack of detailed information exchanged, it is likely that Virginia does not owe Teddy a fiduciary duty or duty of confidence. If Virginia does owe Teddy a fiduciary duty, the onus of proof is on Teddy to show whether she has confidential information, whether that information is relevant to the new matter and whether it is reasonable for Teddy to conclude that there is a real risk that the information will be used to his detriment. Next, the onus shifts to whether information screening can appropriately protect the firm. Breach of confidence in equity requires confidential information that has the necessary quality of confidence, imparted in circumstances importing an obligation of confidence, not otherwise required by law or in the public interest. The objective test for judicial intervention is whether a reasonable observer would perceive a real possibility of misuse of confidential information. Courts will
The purpose of this paper is to examine an ethical dilemma faced by a company who manufactures critical components for a pacemaker developer. The consequentialist ethical theory of utilitarianism will be used to evaluate the moral implications this company has in continuing further manufacturing for their pacemaker client. An overview of utilitarian ethics will be discussed, focused primarily around 17th century philosopher Jeremy Bentham’s ideas about ethics. His framework will be used to present factors that influence the transistor company’s business decision. Finally, the Utility Test and Common Good Test will be applied to the company’s predicament to help determine the correct ethical course of action for this
Read the David Miller case from Chapter 5. After reading the case, describe a reason why someone who has been entrusted with the firm’s assets would commit a fraudulent act against the company. Based upon your understanding of the case and your professional and personal experience, recommend a series of actions that should have been taken in order to pre
An employee should uphold the confidentiality of information assigned to them by the company and its customers, except when revelation of such information is authorized or required by applicable laws, rules or regulations. “Confidential information” includes all records, non-public information related to the company and its business, customers, or vendors that come to an employee in the course of carrying out the employee’s duties and that can be value to competitors or damaging to the company or its business if revealed.
I feel it is a person’s choice and it is different than suicide. It has to be well thought out and talked about with a team of people involved including physicians, psychologists, and family. I also think it is based more on
Although sometimes constraints make it impossible to choose a perfect setting, it is important to, where possible, consider privacy. Privacy is one of the keys to good communication, as the client is likely to be disclosing information of a confidential and sensitive nature (Argyle 1998).
The description of the staff’s behavior does not meet the aspirational goals described by the ethics code. The staff member is not following the treatment plan created by the clinician and is therefore not cooperating with the other professionals and is breaking the APA standard, 3.09 Cooperation with Other Professionals. The staff member is breaking APA’s Principle B: Fidelity and Responsibility, Principle A: Beneficence and Nonmaleficence, and, Principle C: Integrity, by not providing the care the client deserves and is paying for, reporting false data, and not being truthful and honest about the situation to the clinician or supervisor. I would suggest that the student talks to the staff member about reporting the difficulties in providing
Repyneck recalls in 2011 she was going through a divorce from her husband Michael Ziegler. Repyneck was having financial problem and she was advised to seek a bankruptcy lawyer. Repyneck was scheduled for a hearing in Hellertown on Wednesday and her divorce attorney recommended David Tidd from Hellertown. She called Tidd, she thought it was either Sunday or Monday, and he told her to bring a payment to retain him to his office on Tuesday and he would make the hearing on Wednesday go away. After she went to his office, Tidd told her she wouldn’t have to appear in court on Wednesday, that he would take care of it.
* Confidentiality – the steps that are taken when people’s information is not kept confidential and on a need to know basis
h. This is important so that the company can continue in such a way as to be judicially prudent. They must know what is the acceptable method of getting evidence to keep it safe for court admission. There may also be extenuating circumstances that must be taken into account depending on the organization and the event.
1. If you were representing the Company in this case, what argument (facts and reasons) could you make that the confidentiality agreement had a legitimate business purpose and was applied appropriately to Martinez?
Case 37.5: Duty of Loyalty. Edward Hellenbrand ran a comedy club known as the Comedy Cottage in Rosemont, Illinois. The business was incorporated, with Hellenbrand and his wife as the corporation’s sole shareholders. The corporation leased the premises in which the club was located. Hellenbrand hired Jay Berk as general manager of the club. Two years later, Berk was made vice present of the corporation and given 10 percent of its stock. Hellenbrand experienced health problems, and moved to Nevada, leaving Berk to manage the daily affaires of the business. Four years later, the ownership of the building where the Comedy Cottage was located changed hands. Shortly thereafter, the club’s lease on the premises expired. Hellenbrand instructed Berk to negotiate a new lease. Berk arranged a month-to-month lease, but had the lease agreement drawn up in his name instead of the corporation. When Hellenbrand learned of Berk’s move, he fired him. Berk continued to lease the building in his own name, and opened his own club, the Comedy Company, Inc., there. Hellenbrand sued Berk for an injunction to prevent Berk from leasing the building. Comedy Cottage, Inc. v. Berk, 145 III.App.3d 355, 495 N.E.2d 1006, Web 1986 III.App.Lexis 2486 (Appellate Court of Illinois).
Information shall only be shared with those who have a legal right to access it and in accordance with relevant information sharing protocols/data exchange agreements. Every effort should be made to ensure that confidentiality is maintained for all concerned both when an allegation is made and whilst it is being investigated. It is of the utmost importance that all documentation is marked confidential - not to be disclosed without consent. Effective safeguarding remains the highest priority.
Moran had been provided with a complete list of her husband’s financial and property interests. Rudder, 217 P.3d at 195; Coward 582 P.2d at 834. The law governing this dispute, ORS 108.725 does not explicitly require a spouse to provide value figures with regards to their financial and property interests. Although, Ms. Moran did not possess the value figures with regards to the Mr. Moran’s financial and property interests she already possessed information required by law. Further, Ms. Moran’s business experience suggests that she could be reasonably expected to discover the value figures of Mr. Moran’s easily if she desired to do
The problem to be investigated is the conflict that can arise within companies between doing what is right (or moral) and doing what is often viewed as more important the attainment of corporate goals. This conflict is highlighted in the case study involving Fannie Mae (FM). (Jennings, 2009) In this case, corporate executives choose to focus on corporate goals and meeting the market expectations, ignoring any moral issued witch conflicted with the attainment of their goal. (Jennings, 2009) To understand the reasons for the executives actions and learn from their mistakes and misjudgments the following topics are reviewed: 1) ethics and social responsibility, 2) the importance of devolution, 3) the power and value of incentive plans, 4)
The support staff owes the client confidentiality and fairness. They owe the court their honesty in not misleading the court with false statements or facts known to be false. The litigation support person owes their confidentiality and ethical conduct.