Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property

Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual PropertyYou 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.
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8 PAGES
HIGHLIGHT EACH QUESTION
PLEASE REFER TO ORDER NUMBER 81597399 THIS IS A CONTINUATION ASSIGNMENT.
1. 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.
2. Write an eight paper.
3. 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.
4. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
5. 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.
6. 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.
7. 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.
8. Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.
9. 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.
10. Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations.
11. Analyze and evaluate laws and regulations relative to product safety and liability.
12. Explore copyright laws and intellectual property rights and assess how well they balance competing interests.
13. Use at least 5 quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.

For this assignment, you will be examining the historical foundations of three major schools of thought within the field of psychology: psychoanalysis, Behaviorism, and Humanism.
You will be applying the three major theories and the concepts from these theories to help understand a case scenario. You will be comparing and contrasting the strengths and the limitations of each of the theories in understanding the particular case. You will then draw a conclusion and defend your conclusion as to which theory best fits with understanding the particular case.
In a well-written 8-12 page scholarly paper, address the following:

Begin with a discussion of the historical foundations of each school of thought: psychoanalysis, behaviorism, and humanism. Be sure to include a discussion of the following:
Historical underpinnings of each school of thought.
Major theorists within each school of thought.
Major concepts within each school of thought.
Bidirectional relationships between cultural and societal factors and each school of thought.
How did cultural and societal events of the time shape the development of this school of thought? How did this school of thought shape and influence societal thinking?
Paraphrase as much of the information that you learn from sources as possible rather than using direct quotes. Quotes should be used only occasionally. Cite and reference all sources of information you paraphrase or quote in your work.

Case Study
Apply the major concepts and theories from each school of thought to the following case study:

Judy is a 29-year-old single female. She has a very demanding, high stress job as a second-year medical resident in a large hospital. Judy has always been a high achiever. She graduated with top honors in both college and medical school. She has very high standards for herself and can be very self-critical when she fails to meet them. Lately, she has struggled with significant feelings of worthlessness and shame due to her inability to perform as well as she always has in the past.

Address the following in your paper:

How would a psychoanalyst explain what is happening here? How might a psychoanalyst explain Judy's high standards and feelings of worthlessness and shame? How would a behaviorist explain what is happening here? How would a humanist explain what is happening here?
Compare and contrast the strengths and limitations pros and cons of each school of thought's approach to our understanding of Judy's this case. What unique perspective does each school of thought bring to the understanding? What are the limitations of each school of thought in understanding Judy's case?
Select one school of thought (psychoanalysis, Behaviorism, Humanism) and present an argument as to why you think this school of thought would be the most appropriate in addressing the issues presented in the case study. Overall, which school of thought provides the best understanding of Judy's case? Be sure to also discuss the limitations of the two schools you did not choose.

In addition to other professional sources, such as your textbook, use a minimum of five scholarly sources to support your ideas. Please note that popular websites are not acceptable sources of support.

Written communication: Must be free of errors that detract from the overall message.
Resources and citations: Format according to APA (6th Edition) guidelines.
Font and font size: Times New Roman, 12 point.