Academic Integrity Assignment – NDA This assignment has been created for you

Academic Integrity Assignment – NDA

This assignment has been created for you to develop a deeper understanding of the negative impacts

that can be caused by breaching a non-disclosure agreement (NDA). In your case, this involved the

unauthorized sharing of copyrighted documents and confidential information covered by a non-

disclosure agreement to a public domain website.

The assignment will have you researching the legal ramifications of breaking confidentiality using the

following court cases:

Evans v. The Sports Corp

Wong v. The Globe and Mail Inc.

Acadia University v. Acadia University Faculty Association

You will also explore the ramifications of breaching an NDA as an employee, including

employee termination, lawsuits, damaged reputation, and lost business relationships. You will explore in

detail the various types of damages that parties whose confidentiality is violated can receive through

a case. You will also explore the ramifications for the College and its business partners.

The research paper will write in paragraph format, properly formatted, and cited using all

APA requirements. Your writing will need to demonstrate the research you have completed to

develop an understanding of your actions and the impacts on everyone involved – students, faculty, the

program, the College, the community partner you were working with, and yourself.

Assignment Outline

“With recent studies showing that, on average, dog owners live up to 24% longer than those without canine companions, there’s no doubt that a dog can have a range of physical and mental health benefits for its owner. These include a more active lifestyle, a social network of other pet owners, companionship, and a sense of purpose.” (Morrow, 2022)

Discuss what it means to breach a non-disclosure agreement?

A non-disclosure agreement (NDA) is a legal agreement between two parties that make a deal to avoid uncovering data covered by this arrangement. The non-disclosure agreement is commonly used by firms or education institutes to secure trade secrets and other sensitive information. I can say that the NDA can likewise be referred to as a personal understanding. The NDA’s motivation is to safeguard delicate data and frame what is viewed as confidential data. (Champlin, 2016)

This NDA agreement ensures that a party doesn’t share any information without writing a letter for approval.

b. Provide examples of the different types of breaches of confidential information.

There are many types of breaches of confidential information, and they dispense in the workplace, but here are some general examples:

1- Sharing confidential information with a family member or a close friend.

2- A coincidentally sends monetarily soft data to some unacceptable person.

3- Discuss confidential information about business in public.

4- The employee who left the business duplicates information from the work computer or server onto a hard drive or USB before leaving the workplace. (Mai, 2021)

So employees need to understand their responsibilities at their workplace. So they do not make any mistakes while of their day at work. The employees must know and understand how to handle pieces of information, whether on documents, paper, USB, or hard drive, and how they should respond in case any unauthorized person comes across their workstation while they are away.

c. Discuss reasonable measures related to NDAs.

An NDA is a period-restricted permit allowing the recipient to involve the discloser’s classified data for assessment purposes. The recipient may not utilize the data to enhance its items or innovation. Nor might it at any point pick apart, take apart the classified data (except if the NDA is quiet on this point or it is generally allowed at regulation). The recipient can’t utilize nonexclusive or general data held in the independent memory of the recipient’s workers for business purposes without any leftover information statement.

d. Discuss the scope and limitations of NDAs.

NDAs are legally binding agreements designed to protect the disclosing party’s sensitive information and restrict its use by the receiving party. In many cases, they maintain the confidential nature of the underlying transaction or relationship between the parties, increasing the need for the NDA. (Rotenberg, 2018)

All the employees and undisclosed should sign the NDA by everyone in the head department and the rest of the employees.

e. Discuss whether the Ontario Employment Standards Act covers an NDA.

I can say first, what are the Employment Standards(ESA)? Employment Standards are the privileges of representatives and obligations of managers in Ontario. Work norms are a story that managers can’t give anything short off. For case, the lowest pay permitted by law is a work standard. Accordingly, businesses can’t pay anything short of the recommended down payment permitted by law in Ontario. Although even entitled to all ESA protections even if you do not have a valid Canadian work permit. Most Ontario workers are covered by ESA legislation. However, that means ESA does not cover the NDA. (N/A, 2022)

2. Review the three (3) court cases listed above. Provide a thorough overview of the three (3)

cases. It would be wise to do a little more research into these cases to see some news articles

and related cases to help ensure you understand the court documents.

a. Who was involved in the case?

The 1st case involved Evans v. The Sports Corp, an Edmonton-based sports agency, where he assisted in managing current and prospective NHL hockey players. (Côté, 2012)

The 2nd case involved is Wong v. The Globe and Mail Inc. in this case, Ms. Wong was unable to work for an extended period due to depression from her work. (Rouben, 2014)

And for the 3rd case involved are Acadia University v. Acadia University Faculty Association. In this case, the university fired Dr. Mehta in 2018 because he made a debate about a reputation for controversial opinions of free speech on campus. (Ha-Redeye, 2019)

b. What were the concerns, and what was done to investigate the problems?

In case 1: Evans was a sports agent employed by The Sports Corporation (TSC). After Evans left TSC in April 2006, he sued TSC for wages and bonuses he was allegedly owed. The Alberta Court of Queens Bench, in a decision reported at 523 A.R. 22, partially upheld Evans’ claim. However, the Court also upheld TSC’s counterclaim. Found that Evans had recruited TSC employees and customers in breach of the restrictive stipulation in the employment contract and his duty of loyalty to TSC. Evans appealed those latter findings. The Alberta Court of Appeals dismissed the appeal.

In Case 2: Between June and November 2007, her employer refused to pay for her sick leave. In May 2008, her employer ordered her to return to work, although she claimed she was still medically disabled. The employer terminated her employment when she did not return to work as instructed. With the support of the arbitrator, the union and employee signed a Memorandum of Agreement (MOA). The employer agreed to pay the employee a lump sum equal to the amount she would have been entitled to between June and November 2007 for sick leave. In May 2012, the employee published a book about her experiences with depression at work. The employer sought a determination that 23 sentences in the book violated the MOA confidentiality rule. The judge concluded that four out of 23 judgments violated the MOA by disclosing the fact that the employer had made a payment to the employer. The Ontario Divisional Court dismissed the lawsuit.

In Case 3: The intervention included the end of a tenured teacher, purportedly because he “bothered and scared his partners and understudies, penetrated protection and neglected to show the expected course material.

c. What did they notice?

All people involved in the issues noticed that they made a massive mistake in breaching their NDA. And they paid the penalties for their errors.

d. What were the allegations that were made?

In case 1: Evans was previously utilized as a games specialist by The Sports Corporation (TSC). Evans guaranteed that he owed compensation agreed during the National Hockey League lockout period and paid throughout the previous few days of his business. He additionally assured me that he would be pleased with sure rewards. TSC counterclaimed for harm for supposed breaks of the prohibitive agreement or non-requesting arrangements of the work contract or, on the other hand, leaves of guardian obligations.

In case 2: Ms. Wong, whose 2012 diary Out of The Blue.

By expressing in her book that she had gotten a major of cash to disappear. The company found a condition of her agreement of 2008 with the paper. The decision by referee Louisa Davie says the understanding between Ms. Wong and The Globe didn’t permit her to uncover any of its terms and that this was clear and agreed.

In case 3: The arbitration included dismissing a tenured professor because of harassment and intimidation of colleagues and students, invasion of privacy, and failure to teach necessary course materials.

e. Where did these allegations happen? f. Who were the allegations against?

In all three cases, the allegations happened in Canada at the Courts, but in different provenances. For the 1st case, it happened at The Alberta Court of Queen’s Bench. The Court found that Evans penetrated the non-requesting arrangements of the work understanding when advice appeared under the watchful eyes of the Court to settle the provisions of the judgment.

The 2nd case happened at the Court of Ontario, Superior Court of Justice, Divisional Court. The employer fired Ms. Wong when she did not return to work as directed.

And in the 3rd case happened at the Supreme Court of Nova Scotia. The Court dismissed a former professor who applied against his school and the association and ordered the professor to pay $10,000 for each court case.

g. How did the person respond to the allegations?

In the 1st case: The Sports Corp. didn’t ignore Evans, but so far, the Court dismissed the appeal that Evans appealed against the Sports Corp.

In the 2nd case: The Globe does not respond to Janwong’s claim and will not. In an email, Ms. Wong called the arbitration “unfair,” the union “rejected,” and said the verdict was “extremely disappointed.” To advance all defences “to Globe’s claim.

In the 3rd case: Mehta (the professor) has been vocal about several divisive topics, such as decolonization, immigration, and gender politics, both on campus and on social media, drawing both support and criticism. “Since I started to become outspoken, all my colleagues stopped talking to me,” Mehta’s said.

h. What did the courts decide?

The Court decides that all three cases must pay some payments against the case.

So for case 1 Evans v. The Sports Corp, the Court upheld Sports Corporation’s counterclaim. They found that Evans hired TSC employees and customers, violating employment contract restrictions and TSC loyalty obligations.

And for case 2 for Ms. Wong v. Global, the Court upheld the arbitrator’s decision that Ms. Wong had to repay the $ 209,912 settlement to The Globe and Mail. In addition, the Court ordered Ms. Wong to pay the defendant $ 30,000. $ 15,000 for the union and $ 15,000 for The Globe and Mail.

The last case for Professor Mahta, recent arbitral awards at Acadia University v. Acadia University Undergraduate Association, are beneficial in this regard. The arbitration included dismissing a tenured professor because of harassment and intimidation of colleagues and students, invasion of privacy, and failure to teach necessary course materials.

i.Did both parties agree?

Not all of them agreed on the results from the courts.

j. What were the ramifications for all parties involved?

For the 1st case: while Evance worked for a three-year contract in 2003 and ending in 2006, Evans appealed to the Court, and the Court dismissed the appeal against the TSC.

For the 2nd case: The company of Globe and Mail requested Ms. Wong to repay the amount of undisclosed money she received in a settlement with the Globe after she remained dismissed.

For the 3rd case: The arbitration involved the termination of a tenured professor from the university.

3. Discuss what could happen to an employee who breaches an NDA:

a. Employee termination

Robust NDAs are essential. Individuals who violate the confidentiality obligations of the settlement agreement of NDA may be subject to fines, legal action, or even termination of employment.

NDA data breaches are serious business, depending on the terms and conditions specified.

So, Violations of NDAs can put a company, association, or institute in a wrong position by leaking customer details or revealing sensitive information about financial/data records.

b. Lawsuits

Violating the NDA will expose you to legal action from your employer. You may be required to claim damages and possibly related legal fees. It is illegal to disclose trade secrets or sensitive company information to competitors. It can lead to legal consequences, including fines and jail time, even if you haven’t signed the NDA.

c. Damaged reputation

Reputation risk is undoubtedly one of the biggest and most “irreparable” damages companies face after a data breach. The breach of trust in consumers, investors and shareholders causes irreparable long-term damage to the organizations involved.

d. Lost business relationships

Evidence that the value of the assets has decreased before and after the event of the breach.

And testimony from an expert could help prove that the victim was harmed and deserves compensation.

The typical way to communicate private information under an agreement is through written or verbal communication. If this breaks an NDA, it could be intentional or inadvertent.

An NDA lawsuit may arise for any conduct that violates the NDA. Sometimes, this can include sharing trade secrets or business information by a former employee with a competitor.

e. Other

Employees should understand that they can gain access to trade secrets, information about new products, and other valuable data. Many job opportunities often come with conditions, such as requiring an agreement to keep all information confidential.

4. Discuss what type of law governs non-disclosure agreements?

The NDA is also called a confidential or confidential information disclosure agreement.

The legal agreement between at least two groups sets all the information the parties wish to disclose. Share, but want to restrict access to third parties and the general public.

a.Explain whether the specific law can assess penalties.

The severity of a penalty may be reduced if the circumstances are considered mitigating or increased if the circumstances are considered aggravating. A first-time offence will usually result in disciplinary probation. In contrast, a subsequent violation will usually lead to a more severe penalty, such as suspension or the requirement to take additional coursework.

b. Discuss the general remedies for breach of confidentiality.

There are numerous possible consequences of a breach of confidentiality. In most cases, the remedies will include monetary damages. This is an amount of money paid by the infringing party and intended to compensate the non-infringing party for any losses caused by the infringement.

c. Examine four main types of damages that can be sought by the party whose confidential

information was disclosed:

i. Expectation damages: Expectation Damages and Reliance Damages in Relationships. When one party/Company breaks a contract, the other party/company is usually awarded expected damages. Expectation damages meant putting the sconed party in the position they would have been in had the contract been fulfilled.

ii. Restitution damages: Restitution is a court order that requires the offending party to pay the plaintiff back for any losses they have caused.

iii. Recovery damages: Generally, to put yourself in the position it would have been in if the contract have come about done and there had been no breach.

iv. Disgorgement: This is a remedial civil action rather than punishing. That potential seeks to make this harm entire instead of excessively punishing wrong-doers.

Disgorgement repayments are no longer exclusively demanded of those who violate securities regulations. Anyone profiting from unlawful or unethical things to do might also be civilly required to empty their profits.

5. The actions of students at a community college have an impact on how the College is viewed

and received by key stakeholders, including the public and employers.

a. What is the impact on all the people involved (students in the program, faculty,

graduates of the program, existing and future business clients, the program coordinator,

and the School of Business overall)?

I know I made a massive mistake at the end of my college journey. I want to express my deep regret for using a tool I had never used before at the edge of my graduation year. An irresponsible act that put at risk a two-year effort for nothing. I regret being inconsistent with not thinking about my classmates and my professors, and the people involved.

b. How did this action make you look to your classmates, your faculty members, and the

Program Coordinator?

My journey in Algonquin was full of happy discoveries, new classmates, excellent professors, and an incredibly high standard of a college education. In my perception, it was like a gateway to success and an opportunity I would never miss. I spent two years in Algonquin and learned about work ethics and the educational environment. I enjoyed being a team leader and had a good relationship with my professors. I enjoyed every moment spent in the College.

c. How can you remedy the damage done?

I’m incredibly sorry for all my irresponsible behaviour caused to you and everyone, including myself and my family.

I was not thinking straight when I uploaded the documents, and I blame myself daily for my actions. It’s a lesson for life that I will carry until I die.

I learned, I know, and I’m aware of this enormous mistake. I will never in my life take action without taking a moment to think about how it could impact others or me.

I already emailed course hero to take down all the documents, and it is done. They removed all the documents that I uploaded.

Works Cited

Champlin, K. (2016, 01 06). legaldictionary.net. Retrieved from legaldictionary.net: https://legaldictionary.net/non-disclosure-agreement/#:~:text=BreachingaNonDisclosureAgreementWhenaperson,issuethatcanresultinlarge-scalelegalconsequences.

Côté, O. a. (2012, 11 30). Evans v. Sports Corp., 2013 ABCA 14. Retrieved from ca.vlex.com: https://ca.vlex.com/vid/evans-v-sports-corp-679788681

Ha-Redeye, O. (2019, 03 03). Academic Freedom Doesn’t Extend to Freedom to Divulge Confidential Settlements. Retrieved from canliiconnects.org: https://canliiconnects.org/en/commentaries/67427#:~:text=TherecentarbitrationdecisioninAcadiaUniversityv,andfailedtoteachtherequiredcoursematerial.

Mai, R. (2021, 03 03). bananas-store.com. Retrieved from www.bananas-store.com: https://bananas-store.com/blogs/news/8-different-types-of-data-breaches-with-examples

Morrow, J. (2022, 04 15). smartblogger. Retrieved from https://smartblogger.com: https://smartblogger.com/power-words/

N/A. (2022, June 22). www.ontario.ca. Retrieved from www.ontario.ca: https://www.ontario.ca/document/your-guide-employment-standards-act-0

Rotenberg, Z. (2018, 08 22). www.gornitzky.com. Retrieved from www.gornitzky.com: https://www.gornitzky.com/the-limitations-of-ndas/#:~:text=ThelimitationsofNDAsOneofthemost,specificinformationwithanoutsiderforspecificneeds.

Rouben, A. (2014, Dec 17). Jan Wong and the Globe and Mail. Retrieved from canliiconnects.org: https://canliiconnects.org/en/commentaries/34975

References

Champlin, K. (2016, 01 06). legaldictionary.net. Retrieved from legaldictionary.net: https://legaldictionary.net/non-disclosure-agreement/#:~:text=BreachingaNonDisclosureAgreementWhenaperson,issuethatcanresultinlarge-scalelegalconsequences.

Côté, O. a. (2012, 11 30). Evans v. Sports Corp., 2013 ABCA 14. Retrieved from ca.vlex.com: https://ca.vlex.com/vid/evans-v-sports-corp-679788681

Ha-Redeye, O. (2019, 03 03). Academic Freedom Doesn’t Extend to Freedom to Divulge Confidential Settlements. Retrieved from canliiconnects.org: https://canliiconnects.org/en/commentaries/67427#:~:text=TherecentarbitrationdecisioninAcadiaUniversityv,andfailedtoteachtherequiredcoursematerial.

Mai, R. (2021, 03 03). bananas-store.com. Retrieved from www.bananas-store.com: https://bananas-store.com/blogs/news/8-different-types-of-data-breaches-with-examples

Morrow, J. (2022, 04 15). smartblogger. Retrieved from https://smartblogger.com: https://smartblogger.com/power-words/

N/A. (2022, June 22). www.ontario.ca. Retrieved from www.ontario.ca: https://www.ontario.ca/document/your-guide-employment-standards-act-0

Rotenberg, Z. (2018, 08 22). www.gornitzky.com. Retrieved from www.gornitzky.com: https://www.gornitzky.com/the-limitations-of-ndas/#:~:text=ThelimitationsofNDAsOneofthemost,specificinformationwithanoutsiderforspecificneeds.

Rouben, A. (2014, Dec 17). Jan Wong and the Globe and Mail. Retrieved from canliiconnects.org: https://canliiconnects.org/en/commentaries/34975