_____________ refers to the defendant’s relevant legal capacities after the crime (e.g., for the trial), while____________ refers to the defendant’s mental state at the time the offense was committed.

The Supreme Court’s decision in Jackson v. Indiana (1972) was intended to stop which practice?

What type of damages are authorized under the Uniform Trade Secret Act? 

A salesperson works for company A and enters into a confidentiality agreement that requires the salesperson to keep information confidential in perpetuity.  Company A provided the salesperson with access to its confidential and password protected market analysis and sales projections, which the salesperson never had access to, upon entering into the confidentiality agreement. 

Which of the following would not provide an exception from WARN requirements? 

Identify which company would have to comply with WARN requirements. 

A salesperson works for company A and enters into a non-competition agreement.  Company A did not feel the need to enter into a non-competition agreement with him at the initiation of his employment.  After a year, Company A realized that it wanted to ensure that the salesperson could not simply walk across the street to company B and has the salesperson enter into a non-competition agreement that restricts the salesperson’s ability to sale within his assigned sales area for two years.  Company A did not provide him with any additional information, money, bonus or other things of value to the salesperson in exchange for his signature.     True or False:  Company A can enforce this agreement, as written or reformed. 

What is not an element of the Faragher/Ellerth defense? 

A salesperson for Company Z has worked for Company Z for a year.  Company Z realized, however, that it had not protected itself by entering into a non-competition and confidentiality agreement with the salesperson at the time of onboarding.  Company Z knew the salesperson wanted to expand his territory from Texas to Texas, Arkansas, Oklahoma, and Louisiana.  As a result, Company Z agreed to provide leads and sales information regarding potential clients in Arkansas, Oklahoma and Louisiana in exchange for a non-compete that would restrict the salesperson from directly competing against Company Z for 5 years throughout the Southeast quadrant of the United States including states Texas, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, Georgia and Florida where Company Z saw its business expanding in the future.  Company Z included in this agreement a confidentiality provision that required the salesperson to maintain the confidentiality of these sales leads and contact information in perpetuity.  Discuss the validity of this non-competition and confidentiality agreement and what reforms, if necessary, will be required prior to a Court enforcing the same. 

Which of the following is considered protected activity?