Legal and Ethical Considerations in Marketing
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Legal and Ethical Considerations in Marketing
Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation.
CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for general use. To circumvent this technicality, CompCARE encouraged doctors to fax lists of fictitious patient names to CompCARE. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths.
As CompCARE and its new parent company enjoyed record profits and PharmaCARE’s stock price approached $300 per share, reports started surfacing that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paying huge bonuses to all the executives and managers, including John, whose wife recently died from a heart attack after using AD23.
John has come to you with an internal company memo describing the potential problems with AD23, and information describing the company’s willingness “roll the dice” and continue to market the drug.
Your senior partner has asked you to write a memo outlining the following issues for review by the senior partners.
In preparation for this assignment, use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past two (2) years.
Write an eight or more (8) page paper in which you:
- Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.
- Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
- Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the FDA could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response.
- Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Suggest at least three (3) ways the company could compensate John for the use of his intellectual property.
- Summarize at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.
- Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.
- Specify both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Justify your response.
- Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
- Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
- Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations.
- Analyze and evaluate laws and regulations relative to product safety and liability.
- Explore copyright laws and intellectual property rights and assess how well they balance competing interests.
- Use technology and information resources to research issues in law, ethics, and corporate governance.
- Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Criteria Unacceptable Below 70% F
Fair 70-79% C
Proficient 80-89% B
Exemplary 90-100% A
1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Weight: 15%
Did not submit or incompletely researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.. Partially researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Satisfactorily researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Thoroughly researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. 2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Weight: 10% Did not submit or incompletely argued for or against Direct-to-Consumer (DTC) marketing by drug companies. Partially argued for or against Direct-to-Consumer (DTC) marketing by drug companies. Satisfactorily argued for or against Direct-to-Consumer (DTC) marketing by drug companies. Thoroughly argued for or against Direct-to-Consumer (DTC) marketing by drug companies. 3. Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response. Weight: 15%
Did not submit or incompletely determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Did not submit or incompletely supported your response. Partially determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Partially supported your response. Satisfactorily determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Satisfactorily supported your response. Thoroughly determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Thoroughly supported your response. 4. Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Suggest at least three (3) ways the company could compensate John for the use of his intellectual property. Weight: 15%
Did not submit or incompletely analyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Did not submit or incompletely suggested at least three (3) ways the company could compensate John for the use of his intellectual property. Partially analyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Partially suggested at least three (3) ways the company could compensate John for the use of his intellectual property. Satisfactorily analyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Satisfactorily suggested at least three (3) ways the company could compensate John for the use of his intellectual property. Thoroughlyanalyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Thoroughly suggested at least three (3) ways the company could compensate John for the use of his intellectual property. 5. Summarize at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand. Weight: 10%
Did not submit or incompletely summarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand. Partially summarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand. Satisfactorily summarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand. Thoroughlysummarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand. 6. Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23. Weight: 10%
Did not submit or incompletely analyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23. Partially analyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23. Satisfactorily analyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23. Thoroughlyanalyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23. 7. Specify both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Justify your response. Weight: 10% Did not submit or incompletely specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Did not submit or incompletely justified your response. Partially specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Partially justified your response. Satisfactorily specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Satisfactorily justified your response. Thoroughly specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Thoroughly justified your response. 8. 3 references Weight: 5%
No references provided Does not meet the required number of references; some or all references poor quality choices. Meets number of required references; all references high quality choices. Exceeds number of required references; all references high quality choices. 9. Clarity, writing mechanics, and formatting requirements Weight: 10%
More than 6 errors present 5-6 errors present 3-4 errors present 0-2 errors present
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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