Mason and craig - Assignment Example

Answer Sheila Mason and Craig Shepherd have recently decided to become partners for a new company that would be working in the field of software development and would be starting with the development of translation engine. It would increase the portability of software on different operating systems of the computer. Shepherd is the brain behind the development of the tool which he had conceived and developed while working for Nova Software Company. He has been employed in the company for the last ten years as a Manager in the department of documentation and support.

Nova provides wide range of software applications tool for end users, using UNIX operating system. He studied the pros and con of portability of the applications on different operating system and was inspired to develop translation engine would facilitate easy portability of the software. He is now interested in starting his own business and has forged partnership with Sheila Mason. Mason, on the other hand is the vice president of sales and marketing in ATS. She highly qualified Harvard business graduate who has been with the company for the last five years.

She is now looking for more challenging job and thinks that Shepherd’s business proposal has great scope. She has agreed to become partner in the new business with Shepherd and is now looking for venture capitalist who could fund their business proposition. She has explored the opportunities for the product and has even started liaison work with prospective VCs for their business, which is tentatively named as INTELISOFT. Mason and Shepherd have both started working on their new business while still being employed in their respective companies.

This is highly unethical and at the same time, illegal because they have abused their position and also violated terms and conditions of their employment contract. Shepherd’s contract is explicit in the condition that any and all ideas, innovation or development of products conceived and developed during his employment would be the property of the company. The translation engine is an application tool that would complement the products of Nova. Since the idea was conceived and prototype was developed while Shepherd was still working for the company, the company has clear rights to the product thus developed by him.

Mason has also breached the terms and conditions of her employment contract on various counts. She has used company’s confidential information and database for personal gain. She has exploited and used the customer database for promoting product of her new company. Thus, Mason and Shepherd need to resign from their respective position with immediate effect and also handover all properties of the companies like laptop, database and confidential information etc. They should also seek legal advise so that they can protect their interest vis-a-vis breach of contract, misuse of confidential information and interests of their new company which they have decided to float.

Answer 2 The non disclosure agreement prepared on behalf of their new venture called INTELISOFT for venture capitalists is not comprehensive in its scope. The agreement demands confidentiality from the VCs who need to consult experts regarding the viability of the business. While it has incorporated the interests of Mason and Shepherd, it has restricted the rights of the investors. The VCs get funding requests from myriad businesses and entrepreneurs who could have already had creative inputs in the mentioned area of the company of Mason and Shepherd.

The agreement also lacks legitimacy as the company is still to be registered and at the same time, the authority and proprietorship of Mason and Shepherd is also questionable as they are still working for other companies. The VCs therefore, cannot sign the agreement under such conditions as they could already be sitting on such ideas. Answer 3 Mason and Shepherd definitely need a lawyer who would be able to represent their interests in the court of law, if and when their respective companies decide to file breach of contract against them.

Both have committed serious legal blunder and must seek legal defense against law suits. Mason has huge circle of good and trusted friends. The VCs work involves funding of good projects which also needs the services of proficient lawyers who can guide them through sound legal advice on wide ranging issues involving business funding. Hence, Mason should follow recommendation of good lawyer from VCs and employ an attorney to represent herself and Shepherd. (words: 729) Reference Case study: Sheila Mason and Craig Shepherd