ENT 302 - Legal Issues in Entrepreneurship - Fall 2023 Section 001: 251 TNRB on T Th from 8:00 am - 9:15 am Section 002: 251 TNRB on T Th from 9:30 am - 10:45 am Instructor Information TA Information Name: Kimberly Scoville Office Phone: 801-819-3891 Email: kscoville@digis.net Name: Olivia Gentry Marcus Anderson Email: entrelawta@gmail.com Description The purpose of this class is to expose students to the basic legal issues entrepreneurs and small business owners face in the course of starting and growing a business. Discussion and text will focus on legal risks and the tools and strategies available to avoid liability and protect assets. SECTION 1 – will focus more on employment law. This course fulfills the business law requirement for most business majors (other than Accounting and Finance) but please check with the advisement center if you are not sure it fulfills the requirement for your major. ** While various legal situations and strategies will be discussed in this class, and students businesses and issues may be used as discussion examples, NO information provided in this class is intended as legal advice. Students are not clients of instructor; instructor is not an attorney for any student. No attorney-client privilege exists with regard to information disclosed or discussed in class.** Grades Percent A 93% A- 90% B+ 87% B 83% B- 80% C+ 77% C 73% C- 70% D+ 67% D 63% D- 60% E 0% Grading Policy Assignments (2 projects and 2 thought papers) must be turned in through Learning Suite by 11:59 on the day the assignment is due. If you experience notice of a technical error, you may email the assignment to entrelawta@gmail.com prior to the deadline. For technical problems only, please. Late assignments will not be eligible for full points. Quizzes open on Thursdays and go through the Sunday. We do not have a quiz if we have a midterm exam. Missed quizzes can be made up, but will only count for 80% of the original quiz value. There will be 2 midterm exams worth approximately 50 points each and 1 final exam worth 100 points. Exams are on Learning Suite. Exams will open the day after the in class exam review, and go through the weekend. Exam grading challenges may be submitted via email until the next exam opens. The process is to take a screen shot of the question and answer you are challenging, email both the professor and the TA, along with your explanation for why you believe the answer is correct and you should have received a different score. This class is graded on a straight point basis, and not on weighted points. This means exam points and quiz points are worth the same amount. Attendance Policy A significant portion of the quiz and exam questions will come from class discussion and not the book. The book is helpful in preparing for class and clarifying concepts discussed in class, but will not substitute for class attendance when it comes to preparing for exams. Book “The Entrepreneurs Guide to Business Law” by Constance E. Bagley and Craig E. Dauchy. This book is available online through Amazon for under $25 including shipping. Ebooks and rentals of later editions are also available. You may opt for a newer version if you prefer updated information about e-commerce. 1st Edition ISBN – 0-314-22316-9 2nd Edition ISBN – 0– 324-04291-4 3rd Edition ISBN – 0-324-20493-0 4th Edition ISBN - 0-538-46646-4 The book is not needed for the first couple weeks of class. There is no need to pay rush shipping. Topics We Will Cover Regulation -Who creates regulation and how does it impact business? Partnership/shareholder agreements - Defining ownership and responsibility. Types of business entities – which entity to create and why they matter. Intellectual property considerations - Does someone else already own this idea or concept? Do I infringe? Can I license? Intellectual property protection - Protect brands and ideas; form legal barriers to entry. Marketing regulations - Truth in advertising, consumer protection, product disclaimers. Contract negotiation and formation (Leases, employment contracts, manufacturing, licensing, implied contracts) Employment, hiring and firing - avoiding discrimination, complying with EEOC, limiting liability from employee actions. Torts - product liability, personal injury, unfair competition, the agency relationship. Bankruptcy - Dealing with default and how bankruptcy affects business decisions Assignments Refer to the Assignments tab on Learning Suite for descriptions and due dates: Regulation Nation – Thought Paper Trademark Search Assignment - Project Marketing Claims – Thought Paper Employee Handbook Assignment - Project Ownership of Student Businesses Discussions of ownership in any contemplated entity, including any assignment involving capitalization and speculative creation of a capitalization table (“cap table”), are for classroom/academic purposes only and do not entitle any individual to any ownership in any company that has been or may be formed around a team’s idea. Ownership will only be effective if and when formal legal documents granting a person or entity ownership have been signed, the execution of which is a private matter for any involved persons or entities. University Policies Honor Code In keeping with the principles of the BYU Honor Code, students are expected to be honest in all of their academic work. Academic honesty means, most fundamentally, that any work you present as your own must in fact be your own work and not that of another. Violations of this principle may result in a failing grade in the course and additional disciplinary action by the university. Students are also expected to adhere to the Dress and Grooming Standards. Adherence demonstrates respect for yourself and others and ensures an effective learning and working environment. It is the university's expectation, and every instructor's expectation in class, that each student will abide by all Honor Code standards. Please call the Honor Code Office at 422-2847 if you have questions about those standards. Preventing Sexual Misconduct In accordance with Title IX of the Education Amendments of 1972, Brigham Young University prohibits unlawful sex discrimination against any participant in its education programs or activities. The university also prohibits sexual harassment-including sexual violence-committed by or against students, university employees, and visitors to campus. As outlined in university policy, sexual harassment, dating violence, domestic violence, sexual assault, and stalking are considered forms of "Sexual Misconduct" prohibited by the university. University policy requires all university employees in a teaching, managerial, or supervisory role to report all incidents of Sexual Misconduct that come to their attention in any way, including but not limited to face-to-face conversations, a written class assignment or paper, class discussion, email, text, or social media post. Incidents of Sexual Misconduct should be reported to the Title IX Coordinator at t9coordinator@byu.edu or (801) 422-8692. Reports may also be submitted through EthicsPoint at https://titleix.byu.edu/report or 1-888-238-1062 (24-hours a day). BYU offers confidential resources for those affected by Sexual Misconduct, including the university's Victim Advocate, as well as a number of non-confidential resources and services that may be helpful. Additional information about Title IX, the university's Sexual Misconduct Policy, reporting requirements, and resources can be found at http://titleix.byu.edu or by contacting the university's Title IX Coordinator. Student Disability Brigham Young University is committed to providing a working and learning atmosphere that reasonably accommodates qualified persons with disabilities. If you have any disability which may impair your ability to complete this course successfully, please contact the University Accessibility Center (UAC), 2170 WSC or 422-2767. Reasonable academic accommodations are reviewed for all students who have qualified, documented disabilities. The UAC can also assess students for learning, attention, and emotional concerns. Services are coordinated with the student and instructor by the UAC. If you need assistance or if you feel you have been unlawfully discriminated against on the basis of disability, you may seek resolution through established grievance policy and procedures by contacting the Equal Employment Office at 422-5895, D-285 ASB. Academic Honesty The first injunction of the Honor Code is the call to "be honest." Students come to the university not only to improve their minds, gain knowledge, and develop skills that will assist them in their life's work, but also to build character. "President David O. McKay taught that character is the highest aim of education" (The Aims of a BYU Education, p.6). It is the purpose of the BYU Academic Honesty Policy to assist in fulfilling that aim. BYU students should seek to be totally honest in their dealings with others. They should complete their own work and be evaluated based upon that work. They should avoid academic dishonesty and misconduct in all its forms, including but not limited to plagiarism, fabrication or falsification, cheating, and other academic misconduct. Inappropriate Use of Course Materials All course materials (e.g., outlines, handouts, syllabi, exams, quizzes, PowerPoint presentations, lectures, audio and video recordings, etc.) are proprietary. Students are prohibited from posting or selling any such course materials without the express written permission of the professor teaching this course. To do so is a violation of the Brigham Young University Honor Code. Marriott School of Business Inclusion Statement At Brigham Young University's Marriott School of Business, we embrace the university's mission to "assist individuals in their quest for perfection and eternal life." We strive to foster an environment that is respectful of all backgrounds, perspectives, and voices, that "all may be edified of all" (D&C 88:122). By extending a spirit of consideration, fellowship, and charity to everyone, we enable the discovery of common values and unique insights as we each pursue our worthy secular and spiritual goals. TENTATIVE CLASS SCHEDULE - Fall 2021 DATE Tuesday Sept 5 Thurs Sept 7 Tuesday Sept 12 Thursday Sept 14 TOPICS Class overview and Sources of Legal Authority Class overview and Sources of Legal Authority Business Regulations PREPARATION DUE Review syllabus in class Business Organizations Tuesday Sept 19 Business Organizations Thursday Sept 21 Business Organizations Regulations Quiz Opens until Sunday Regulation Nation Assignment Due Sept 14 by 11:59 Refer to Chapter 4 (Deciding whether to Incorporate) Government requirements for forming a business. Study from Table in Content on Learning Suite. Refer to Chapter 5 (Section on Incorporation) Refer to Chapter 8 (Sections on Right of Preferred Stock) and Responsibilities of the Board) Business Organizations Quiz Opens Until Sunday Worksheet and Non-Profit (Content on Learning Suite) Tuesday Sept 26 Thursday Sept 28 Tuesday Oct 3 Thursday Oct 5 Business Torts Refer to Chapter 12 (Business Torts) Intentional Torts Business Torts Negligence and strict liability Begin Regulation Nation Assignment Review for Exam Exam 1 Exam available through Learning Suite. Exam Open window to be announced Work alone - CLOSED BOOK Tuesday Oct 10 Thursday Oct 12 Tuesday Oct 17 Intellectual Property Overview Trademarks and Trade Dress Refer to Chapter 14 (Intellectual Property) Thursday Oct 19 Trade Secrets Tuesday Oct 24 Thursday Oct 26 Tuesday Oct 31 Thursday Nov 2 Tuesday Nov 7 Thursday Nov 9 Tuesday Nov 14 Thursday Nov 16 No Class - Monday Instruction Patents Tuesday Nov 21 Thursday Nov 23 No Class Sale of goods (UCC); Reviewing a contract Battle of Forms; Boilerplate, Implied Warranties. Refer to Chapter 11 (Section on Warranties) Contract Quiz Opens until Sunday Friday Instruction No Class THANKSGIVING BREAK Tuesday Nov 28 Employees v. Independent Contractors - Agency Begin Employee Handbook Assignment Read Chapter 13 (Employees v. Contractors) See 20 Questions Content on LS Thursday Nov 30 Tuesday Dec 5 Thursday Dec 7 Employment – Preparing for Employee Handbook Assign Employment Law Discrimination, Retaliation Creditors Rights Bankruptcy Collections Refer to Chapter 13 (Human Resources) Tuesday Dec 12 Dec 14-16 Review for Final Exam Study from Table provided in Class and in Content on LS. Begin Trademark Search Assignment Copyrights Trademark Search Assignment: Print first page of your Trademark Search and a one page analysis of results (potential conflicts, class of goods, distinctions) Due Thursday Oct 19, by 11:59pm Refer to Chapter 11 (Advertising Section) Begin Product Claim Assignment IP Quiz opens until Sunday Sales and Advertising – Product Claims Sales and Advertising Business Opportunities Review for Exam Refer to Content on Learning Suite – FTC Case Studies and Green Guides. Product Claims Assignment: Due Thurs Nov 2, by 11:59pm Exam 2 Exam available through Learning Suite. Exam open window to be announced. Work alone -CLOSED BOOK Refer to Chapter 10 (Contracts) Contracts Contracts FINAL EXAM OPENS Refer to Chapter 13 (Human Resources) Employee Handbook Assignment Due Thursday Dec 7 by 11:59 PM Refer to Chapter 7 (Bankruptcy) Exam available through Learning Suite open through end of University Final Exam window.
