Dracca conducts extensive product-safety testing on all ; of its products before bringing them to market. In fact, Dracca has developed ; an in-depth approach to safety operations unlike any other in the industry. In ; a recent study, there was a small indication that Dracca’s newest stroller, ; SmoothGlide, had the potential to pinch small fingers during the fold-down ; process. Dracca executives approved the design anyway, and SmoothGlide was sold ; to retailers in mass quantities. Initial ; market response to the SmoothGlide was positive, and many competitors eyed the ; unique features of the SmoothGlide wheels.
; ; ; ; ; ; ; ; ; ; ; A Dracca employee, Lloyd London, leaked the findings of ; the safety study to the public and a consumer watchdog group. In a press ; conference called by London himself, London explained the SmoothGlide safety ; testing process in detail. Dracca employed London as director of operations for ; stroller manufacturing, and his contract contained a confidentiality provision ; that was verbally agreed to as an addition to London’s written employment ; contract. London is in his third year of a five-year employment contract.
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; ; ; ; ; ; ; ; ; ; ; Based on the information obtained by London, the consumer ; watchdog group known as Hands for Babies sued Dracca, claiming negligence in ; safety testing.
; ; ; ; ; ; ; ; ; ; ; In light of these facts, please respond to the following ; questions using course material and credible outside research to support your ; findings. Please submit findings in a three- to five-page paper, using APA ; format.
- Can Dracca hold London responsible for ; misappropriation of a trade secret? Why or why not? Use legal principles discussed in the ; readings to support your conclusion.
- Is the confidentiality provision within ; London’s employment contract valid pursuant to the Statute of Frauds? Why or ; why not?
- Based on the elements required for a claim of ; negligence, will Hands for Babies be successful in its suit against Dracca? Why ; or why not?
- In light of product liability concerns, what ; are the considerations Dracca should take regarding whether to issue a ; voluntary recall of the SmoothGlide? Use specific information from the readings ; on product liability topics to support your recommendations.
- What steps should Dracca take to protect the ; design of SmoothGlide from competitors?
- What actions (internal and external) do you ; recommend to Dracca to remedy the ethical and legal considerations of this ; scenario? Be specific and detailed, and be sure to base recommendations on ; relevant legal and ethical principles.
Name your document: ; SU_MBA5005_W2_A3_LastName_FirstInitial.doc.
Submit your 3- to 5-page Microsoft Word document