The assignment will be submitted in two parts. Part 1 will be problems 1 to 12 and part 2 will be problem 13. One submission for the group must be made to the dropboxes provided on Moodle by the due date. The submission must be in Word, double-spaced and in 12-point font on letter sized paper. APA style citations and a reference list are required. Please do not use size A4 paper.
Hints and Tips
Pay close attention to what the question is actually asking of you and answer it. Also pay attention to the instructions. If the question does not indicate that you need to do additional research to answer the question, you should be able to answer the question using course materials (i.e., the text and PowerPoint lectures).
Use headings. This helps the reader understand the organization and flow of the paper.
There is rarely, if ever, a need to use an exclamation point in academic writing. Do not do it.
Mark is a senior software engineer at a video game design company based in Vancouver, B.C. The company, DigiPlay (DP), is very successful with numerous popular titles and services. Over the last few years its growth strategy has shifted to a service model rather than reliance on titles. DP’s head office is in Vancouver and it has offices and development campuses globally.
Mark has a Master of Science degree from UBC. He has been working at DP since he graduated from the UBC program eight years ago. He received a work experience opportunity while in the MSc program and was offered a position after graduation. DP is a good company to work for. It pays very well and has lots of perks including stock options, education opportunities, and progressive leave arrangements. Mark has done very well at the company and has always received glowing performance reviews and now manages a team of five engineers.
Problem 1: Mark recently moved into a new condo in Vancouver. He hired a moving company to move his belongings. Unfortunately, during transport some of his belongings were substantially damaged. Included in the damaged property were some antique pieces of furniture and works of art that Mark’s grandmother had left him when she passed away. The moving company is not accepting responsibility and has said that the property was damaged before the move. Mark wants to sue the moving company for the damage to his property and seek compensation. He estimates that the damage has resulted in approximately a loss of $35,000 – $40,000.
Mark is good friends with Katie, a lawyer in DP’s legal department. Mark does not want to pay for a lawyer and will handle the lawsuit himself. Even though Katie specializes in intellectual property law, she agreed to try and answer Mark’s questions about the legal process. Over lunch, Mark asks for advice on the following question
1.In what court should Mark file the lawsuit? What are the pros and cons of each court?
2.How does he start a lawsuit? What documents are required and what information is needed for the document?
3.After he starts the lawsuit, what is the next step that he must take?
4.What are his obligations with respect to document disclosure?
(20 marks; Max 1000 words)
Problem 2: Katie is working on a potential liability problem with the senior lawyer at DP. In the last few months, a security risk in one of DP’s games has arisen. There may be a defect in the programming that could allow hackers to access the user’s personal information. With the assistance of a team from various divisions, Katie’s boss has asked her to prepare a memo for the VP responsible for the security division. Katie’s boss asks her to include the following in the memo:
1.Name and explain the different forms of risk management that DP can employ.
2.For each form of risk management, list two options that DP could undertake. For each option, analyze the pros and cons of the option and the impact it could have on the business.
(20 Marks; Max 1000 words)
Problem 3: One day, Mark gets a call on his cell from a human resource manager at a game development firm in California. A former colleague, Philip, has given his name as a reference for a new job. Philip was a software engineer at DP for 10 years before quitting last year to take a break and travel for 6 months. While everyone liked Philip, after he left DP rumours started to circulate that Philip had breached confidentiality agreements and given trade secrets to a competitor. Unfortunately, Mark forgets that DP has a corporate policy that only direct supervisors are permitted to give references. He tells the human resource manager the following:
“I liked working with Philip. He was a great engineer and always met deadlines. He did good work. However, we found out after he left the company that he was dishonest. He gave some code to a competitor. He probably got paid for it.”
Three weeks later, DP and Mark get a letter from Philip’s lawyer. The letter alleges that Mark’s statements to the HR manager were defamatory. Philip is threatening to sue Mark and DP for $5,000,000 because he did not get the job and has lost out on all the benefits, including stock options, because of Mark’s statement.
Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze the liability of both Mark and DP. Include an analysis of any applicable defences. In your analysis, include at least one case from BC or another Canadian jurisdiction that deals with defamation committed by an employee.
(25 marks; Max 1500 words)
Problem 4: Unfortunately, DP did not take any of the steps Katie recommended in her report under Problem 2. Four months after DP became aware of the weakness in their software, they had a major security breach. The personal information of millions of customers worldwide was obtained by hackers. Users quickly noticed that their credit card numbers were being used by thieves, and a public website was discovered that listed all of the users’ private information.
Within two weeks of customers becoming aware of the breach, a class action lawsuit was filed against DP in Vancouver. The representative plaintiff was claiming, among other things, negligence.
Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze the liability DP has in negligence.
HINT: You do not need to discuss privacy related torts or legislation. Discuss negligence only.
(25 marks; Max. 1500 words)