595.731.81 - Business Law for Technical Professionals

Engineering Management
Spring 2024

Description

This course addresses legal issues commonly encountered by technical professionals, best practices in identifying and mitigating legal risks, and strategies to avoid costly legal errors and to recognize when professional legal advice is necessary. The course will acquaint students with various areas of the law that can interact to affect a single business transaction and will provide students with legal reasoning skills that can be applied in a technical business environment. Topics include the legal environment of business, contract basics, effective contract negotiations, breach of contract and remedies, intellectual property rights, licensing and technology transfer, protecting confidential and proprietary business information, employment law, Internet law, corporate policies, business ethics, export control regulations, and an overview of the American court system.

Instructors

Profile photo of Anthony G. Gorski.

Anthony G. Gorski

agg@aggorski.com

Default placeholder image. No profile image found for Jeffrey Moore.

Jeffrey Moore

jmoorelaw2@gmail.com

Course Structure

The course materials are divided into modules, which can be accessed by clicking Course Modules on the left menu. A module will have several sections including the overview, learning guide, content, readings, discussions, and assignments. You are encouraged to preview all sections of the module before starting. All modules run for a period of seven (7) days. Assignment due dates are noted on the Calendar.

Course Topics

Course Goals

To identify and describe legal issues commonly encountered by technical professionals, and to apply that knowledge to mitigate risks in day-to-day business activities.

Course Learning Outcomes (CLOs)

Textbooks

Twomey, D. & Jennings, M. (2017). Anderson’s Business Law and the Legal Environment, Comprehensive Volume (23rd Ed.). Mason, OH: South-Western-Cengage Learning. ISBN-13: 978-1305575080 ISBN-10: 1305575083
During the semester, we will be covering approximately sixteen chapters of the textbook. This textbook is available for purchase in the JHU-MBS Direct Virtual Bookstore and will be a great resource for any personal library: http://ep.jhu.edu/bookstore.

However, because less than half of the chapters of the textbook will be assigned during the course, you have the option to purchase e-chapters the textbook individually on the publisher's website (instead of purchasing the entire textbook): 
The chapters that will be assigned throughout the course are: Chapters 1-3, 6-7, 9-11, 13, 16, 19, 32, 38, 39, and 47.

Other Materials & Online Resources

Within the Course Modules, there are links to various reading materials, presentations, and other online materials that are relevant to the topics being addressed and will aid in your understanding of the material.

Student Coursework Requirements

It is expected that each module will take approximately 4–7 hours per week to complete. An approximate breakdown is as follows: reading the assigned sections of the textbook and outside reading (approximately 1–2 hours per week), watching voice over PowerPoint lectures and linked videos (approximately 1–2 hours per week), completing discussion questions, written assignments, and quizzes (approximately 2–3 hours per week).

This course will consist of four basic student requirements:

  1. Preparation and Participation (Module Discussions) (15% of Final Grade Calculation)

Each student is responsible for watching the module lectures and videos, carefully reading all assigned material, and being prepared for discussion. The majority of readings are from the course text; however, the course also contains external readings that are an important factor in this course.

Discussions will run for one module (7 days). Post your initial response to the discussion questions by the evening of day 5 for that module week. Posting a response to the discussion question is part one of your grade for module discussions (i.e., Timeliness).

Part two of your grade for the module discussion is your interaction (i.e., responding to the postings of at least (2) two other classmates with thoughtful comments ) (Critical Thinking). Just posting your response to a discussion question is not sufficient. Be detailed in your postings and in your comments/responses to your classmates' postings. Feel free to agree or disagree with your classmates. Please ensure that your postings are civil and constructive.

We will monitor module discussions and will respond to some of the discussions as discussions are posted.

Evaluation of preparation and participation is based on contribution to discussions. Preparation and participation is evaluated by the following grading elements:

  1. Timeliness (50%)
  2. Critical Thinking (50%)

Preparation and participation is graded as follows:

90–100 = A—Timeliness [regularly participates; all required postings; early in discussion; throughout

the discussion]; Critical Thinking [rich in content; full of thoughts, insight, and analysis].

80–89 = B—Timeliness [frequently participates; all required postings; some not in time for others to read and respond]; Critical Thinking [substantial information; thought, insight, and analysis has taken place].

70–79 = C—Timeliness [infrequently participates; all required postings; most at the last minute without

allowing for response time]; Critical Thinking [generally competent; information is thin and commonplace].

  1. Assignments (25% of Final GradeCalculation)

Assignments will include a mix of qualitative assignments (critical thinking problems, case study analysis, hypotheticals, etc.) and multiple choice quizzes. For submitted assignments, please include a cover sheet with your name and assignment identifier. Also include your name and a page number indicator (i.e., page x of y) on each page of your submissions.

All assignments are due by the last day of the respective module in which they are assigned. We will provide feedback on assignments within one week after the assignment due date.

Late submissions will be reduced by one letter grade for each day they are submitted late. Late submissions will not be accepted more than 3 days after the due date. There will be no exceptions without prior coordination with the instructor.

Qualitative assignments are evaluated by the following grading elements:

  1. Each part of question is answered(20%)
  2. Writing quality (20%) (Writing is expected to meet or exceed accepted graduate-level English and scholarship standards. Namely, use of proper grammar, complete sentences, and logical organization of answers.)
  3. The issue and applicable rules/laws are accurately identified (15%)
  4. Detailed analysis and rationale for each answer is provided (30%)
  5. Conclusion is clearly stated (15%).

Qualitative assignments are graded as follows:

90–100 = A—All parts of question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [rich in content; full of thought, insight, and analysis].

80–89 = B—All parts of the question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [substantial information; thought, insight, and analysis has taken place].

70–79=C—Majority of parts of the question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [generally competent; information is thin and commonplace].

<70=F—Some parts of the question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [rudimentary and superficial; no analysis or insight displayed].

  1. Course Project (30% of Final Grade Calculation)

A course project will be assigned in Module 12 of the course. For more information please refer to the Course Project Description located under Syllabus and Course Information.

The course project is evaluated by the following two elements:

Deliverable 1 

Negotiation Summary - student demonstrates understanding of legal implications of contractual clauses negotiated in the context of the hypothetical facts assigned to effectively mitigate risk to client’s interests. Each student should submit a summary of the negotiation proceedings that contains:

(i) A list of any new or edited contractual terms agreed to, whether or not these terms were what you intended for your client (i.e. do they match the terms of your original marked-up contract), and, if not, why you agreed to them. Please also explain the type of risk that the terms you compromised on represent to your

(ii) A list of any terms that neither party would agree to. In other words, a list of any deal-breakers, why that clause or term represented a deal-breaker, and how you managed to negotiate around those

(iii) An evaluation of your counter-part’s performance during the negotiation. Evaluate things like professionalism and willingness to compromise without sacrificing so much that he/she put the client at risk. Please grade on a scale of 1-10, 1 being the worst and 10 being the best, and briefly explain why you believe he/she deserves that rating.

(45% of the Project Grade).

Deliverable 2 –

Final redlined, negotiated contract – each student will be graded on his/her individual performance during contract negotiation that demonstrates:

(i) the student’s thorough preparation for the negotiation;

(ii) the student’s effective use of contract negotiation strategies; and

(iii) the student’s ability to offer realistic compromises during the negotiation Each negotiating team should submit one final marked- up version of the base contract made available in Module 12.

The final contract should reflect any changes made to the original contract and all new terms. All changes and new terms should be drafted using common contractual language and should utilize the techniques you learned over the course of the semester.

(55% of the Project Grade)

Both deliverables are to be submitted in Module 14 via email or the Course Project Deliverable Submission Link.

You do not need to submit the pre-negotiation exercise (even though it appears in blackboard as a graded assignment, it will not affect your grade), but performing the exercise will be useful in preparing both Deliverables 1 & 2.

  1. Exam (30% of Final Grade Calculation)

The Final Exam will be available in Module 14. You will have one week to complete the Final Exam. The Final Exam will be due on the last day of classes. Exams are “open-book” and you may reference any course materials, lectures, or other resources in completing the exams. However, the exams must be completed individually - students may not collaborate or discuss exam questions while completing their exams.

The exams are evaluated by the following grading elements:

  1. Each part of question is answered(20%)
  2. Writing quality (20%) (Writing is expected to meet or exceed accepted graduate-level English and scholarship standards, i.e. proper spelling and grammar, complete sentences, and logical organization of answers.)
  3. The legal issue and/or applicable rules/laws are accurately identified (15%)
  4. Detailed analysis and rationale for each answer is provided (30%)
  5. Conclusion is clearly stated (15%) Exams are graded as follows:

90–100 = A—All parts of question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [rich in content; full of thought, insight, and analysis.

80-89 = B—All parts of the question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [substantial information; thought, insight, and analysis has taken place].

70–79 = C—Majority of parts of the question are addressed; Writing Quality/ Issue and Rule Identification/ Analysis and Rationale/Conclusion [generally competent; information is thin and commonplace].

Grading Policy

Student assignments are due according to the dates in the Calendar. We will strive to post grades one week after assignment due dates. Your grades will only be visible to you.

Generally, we will not grade spelling and grammar. However, egregious violations of the rules of the English language will be noted without comment. Consistently poor performance in either spelling or grammar is taken as an indication of poor written communication ability that may detract from your grade.

A grade of “A” indicates achievement of consistent excellence and distinction throughout the course—that is, conspicuous excellence in all aspects of assignments and discussion in every week.

A grade of “B” indicates work that meets all course requirements on a level appropriate for graduate academic work. These criteria apply to both undergraduates and graduate students taking the course.

98–100 = A+

94–97 = A

90–93 = A−

87–89 = B+

83–86 = B

80–82 = B−

70–79 = C

Grading example: minimum grade for B is 83.0,

Final grades will be determined by the following weighting:

Item

% of Grade

Preparation and Participation (Module Discussions)

15%

Assignments

25%

Course Project Deliverables

30%

Exam (Final)

30%

Academic Policies

Deadlines for Adding, Dropping and Withdrawing from Courses

Students may add a course up to one week after the start of the term for that particular course. Students may drop courses according to the drop deadlines outlined in the EP academic calendar (https://ep.jhu.edu/student-services/academic-calendar/). Between the 6th week of the class and prior to the final withdrawal deadline, a student may withdraw from a course with a W on their academic record. A record of the course will remain on the academic record with a W appearing in the grade column to indicate that the student registered and withdrew from the course.

Academic Misconduct Policy

All students are required to read, know, and comply with the Johns Hopkins University Krieger School of Arts and Sciences (KSAS) / Whiting School of Engineering (WSE) Procedures for Handling Allegations of Misconduct by Full-Time and Part-Time Graduate Students.

This policy prohibits academic misconduct, including but not limited to the following: cheating or facilitating cheating; plagiarism; reuse of assignments; unauthorized collaboration; alteration of graded assignments; and unfair competition. Course materials (old assignments, texts, or examinations, etc.) should not be shared unless authorized by the course instructor. Any questions related to this policy should be directed to EP’s academic integrity officer at ep-academic-integrity@jhu.edu.

Students with Disabilities - Accommodations and Accessibility

Johns Hopkins University values diversity and inclusion. We are committed to providing welcoming, equitable, and accessible educational experiences for all students. Students with disabilities (including those with psychological conditions, medical conditions and temporary disabilities) can request accommodations for this course by providing an Accommodation Letter issued by Student Disability Services (SDS). Please request accommodations for this course as early as possible to provide time for effective communication and arrangements.

For further information or to start the process of requesting accommodations, please contact Student Disability Services at Engineering for Professionals, ep-disability-svcs@jhu.edu.

Student Conduct Code

The fundamental purpose of the JHU regulation of student conduct is to promote and to protect the health, safety, welfare, property, and rights of all members of the University community as well as to promote the orderly operation of the University and to safeguard its property and facilities. As members of the University community, students accept certain responsibilities which support the educational mission and create an environment in which all students are afforded the same opportunity to succeed academically. 

For a full description of the code please visit the following website: https://studentaffairs.jhu.edu/policies-guidelines/student-code/

Classroom Climate

JHU is committed to creating a classroom environment that values the diversity of experiences and perspectives that all students bring. Everyone has the right to be treated with dignity and respect. Fostering an inclusive climate is important. Research and experience show that students who interact with peers who are different from themselves learn new things and experience tangible educational outcomes. At no time in this learning process should someone be singled out or treated unequally on the basis of any seen or unseen part of their identity. 
 
If you have concerns in this course about harassment, discrimination, or any unequal treatment, or if you seek accommodations or resources, please reach out to the course instructor directly. Reporting will never impact your course grade. You may also share concerns with your program chair, the Assistant Dean for Diversity and Inclusion, or the Office of Institutional Equity. In handling reports, people will protect your privacy as much as possible, but faculty and staff are required to officially report information for some cases (e.g. sexual harassment).

Course Auditing

When a student enrolls in an EP course with “audit” status, the student must reach an understanding with the instructor as to what is required to earn the “audit.” If the student does not meet those expectations, the instructor must notify the EP Registration Team [EP-Registration@exchange.johnshopkins.edu] in order for the student to be retroactively dropped or withdrawn from the course (depending on when the "audit" was requested and in accordance with EP registration deadlines). All lecture content will remain accessible to auditing students, but access to all other course material is left to the discretion of the instructor.