International business, Theory and practice

Discussion Questions

Question 1

Prior to beginning work on this discussion,

· Review Chapter 8 of the course textbook.

· Explore the You Be the Judge – Intellectual Property: Click Here, Get Sued videos:  Case Argument  (Links to an external site.)  Defendant Profile (Links to an external site.) ,  Plaintiff Profile  (Links to an external site.) ,  Defendant Reaction (Links to an external site.) ,  Plaintiff Reaction (Links to an external site.) .

Discuss how you would rule if you were the judge in this case.

· Did Mr. Higgins infringe on Ms. Garner’s Patent?

· Is Ms. Garner’s patent valid?

· Does Ms. Garner’s patent meet the requirements of being novel, non-obvious, and having utility? Explain why or why not.

Your initial response should be a minimum of 200 words. With at least one reference


Prior to beginning work on this discussion,

· Review Chapters 8 and 9 of  International business: Theory and practice  (3rd ed.)

· Review  The Top Ten Cultural Risks for Global Business (Links to an external site.) .

· Review the Case Study Introduction and Case Study Company Profile in the  Walmart Case Study (Links to an external site.)  interactive.

Discussion Instructions

Throughout your MBA program you will continue to cover various subjects as they relate to business. In the Leadership and Teamwork course you created and built your own Walmart in a new global location. In your Global Marketing course, you created a global marketing plan that is strategically competitive and socially responsible. For this course, based on the location you have chosen to build your own Walmart, identify one cultural issue and one legal issue you anticipate encountering as you build and operate your Walmart in its new global location. Discuss how you plan to address the cultural issue and the legal issue. Your initial response should be a minimum of 200 words. With at least one reference.


Issue:  Jones, City Attorney for the town of Smithsville, filed a defamation lawsuit against the newspaper, the Town Crier, because the writer referred to Jones as “the political hatchet man” and “one of the biggest powers behind the throne in local government.”  The writer asserted that Jones is leading the town to “destruction.”

Rule:  There are two forms of defamation: libel and slander (Langvardt, et al., 2019).  Libel is a written or printed form of defamation which could cause assumed damages such as emotional distress, and slander is an accusation or statement, often verbal and considered less damaging depending on the severity.  There are four elements of defamation: 1) unprivileged, 2) publication of 3) false and defamatory and 4) statements concerning another (Langvardt, et al., 2019).

Analysis:  Defamation involves “publication, without any justification, of a derogatory and/or false statement regarding another individual or party,” (Ronquillo, 2020).  The plantiff would need to prove that the comments caused damages to reputation and livelihood and therefore requires compensation.   In The New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the Supreme Court held that a public figure must show the false, defaming statements were said with actual malice (Defamation Legal Information Institute, 2021).  Jones is considered a public figure since he holds public office, and needs to provide evidence that there was malice.  Considering the statements made, that Jones is “the political hatchet man” and “one of the biggest powers behind the throne in local government,” while these are strongly worded they are also of an opinion and not fact.


Jones will likely not win this case because the comments in the newspaper were opinion and there is little evidence to prove that they were malicious, which is how the newspaper would construct their defense.  Had the writer specified how Jones was “leading the town to destruction” say, misappropriation of funds, abuse of power, then the plaintiff would have a case.

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