Expert answer:A grade business Paper (Ethics and Corporate gover
Answer & Explanation:Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual PropertyDue Week 9 and worth 300 pointsYou 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 to ten (8-10) 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.week_9_assignment_4_rubric.html.pdfassignment_4.docx
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assignment_4.docx
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Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing
skills, using the following rubric.
Points: 300
Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety,
and Intellectual Property
Unacceptable
Fair
Proficient
Exemplary
Below 70% F
70-79% C
80-89% B
90-100% A
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 Directto-Consumer (DTC)
marketing by drug
companies.
Partially argued for
or against Direct-toConsumer (DTC)
marketing by drug
companies.
Satisfactorily
argued for or
against Direct-toConsumer (DTC)
marketing by drug
companies.
Thoroughly argued
for or against Directto-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.
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.
Criteria
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%
Weight: 15%
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.
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.
Thoroughly
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.
Thoroughly
suggested at least
three (3) ways the
company could
compensate John
for the use of his
intellectual property.
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.
Thoroughly
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.
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.
Thoroughly
analyzed 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
No references
provided
Does not meet the
required number of
references; some or
Meets number of
required references;
all references high
Exceeds number of
required references;
all references high
Weight: 15%
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%
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%
Weight: 5%
9. Clarity, writing
mechanics, and
formatting
requirements
Weight: 10%
More than 6 errors
present
all references poor
quality choices.
quality choices.
quality choices.
5-6 errors present
3-4 errors present
0-2 errors present
Assignment 4: Legal and Ethical Considerations in
Marketing, Product Safety, and Intellectual Property
Due Week 9 and worth 300 points
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.
…
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