You are an intern at the legal department at one of the companies in the following scenario (Greene or Howell) and tasked with compiling a memo for your
supervisor, which will be used to formulate an official executive brief of these lawsuits.
Scenario
Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene’s Jewelry Wholesale,
LLC. The principal place of business for Greene’s Jewelry is in Derry, New Hampshire, where it owns a warehouse and two storefronts. Originally started in 1957,
the company expanded over five decades, and it now employs 502 individuals in a variety of departments, including sales and marketing, research and
development, human resources, and manufacturing.
The primary asset of Greene’s Jewelry is its process for creating a synthetic gold-colored material called “Ever-Gold,” which is used in Greene’s necklaces, rings,
earrings, and bracelets. Ever-Gold is impervious to scratches, discoloration, oxidization, and is marketed as “everlasting gold.” Greene’s maintains this process as
a trade secret.
Jennifer Lawson, who has been employed for three years as a junior executive secretary in the research and development department at Greene’s Jewelry, has
just learned that she is pregnant. She has earned high marks on each of her annual reviews with the company, with the exception of the fact that she routinely
shows up 15 to 30 minutes late for work. Otherwise, she is deemed to be professional, articulate, diligent, and skilled in her role with the company. When Lawson
advises the head of human resources, Lisa Peele, that she may have to take additional time off as a result of some high-risk factors that she will face during the
course of her pregnancy, she is told that her position has been eliminated. The specific words are: “Congratulations Jennifer! That is exciting news for you. We do
not need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our
junior executive secretaries.”