Question:
Synygy, Inc., produces Information Production and
Distribution Systems, a software program that enables the user to integrate data from different sources. This software was targeted at companies in the pharmaceutical industry. Scott-Levin, Inc., compiles data for pharmaceutical companies that is used in computer programs such as those produced by Synygy. While working on a project for Bristol Meyers Squibb, Inc., Scott-Levin had disagreements with Synygy after Synygy changed file specifications without telling Scott-Levin and then blamed Scott Levin for the conversion problems that ensued. In conversations with agents of Zeneca Pharmaceutical, Inc., a common customer of the two software companies, two Scott-Levin representatives discussed the problems they had working with Synygy in the past. Soon thereafter, Zeneca discontinued its relationship with Synygy. Zeneca claims that the discussions with the Scott-Levin representatives had no influence on that decision. In addition, during a client conference, Scott-Levin presented a slide show that contained the following slide: "simulate-to assume the outward qualities or appearance of, often with the intent to deceive." Simulate, Inc., was Synygy's name at the time of the client conference. Synygy sued Scott-Levin for commercial disparagement. Should Synygy prevail? Why, or why not?
Distribution
The word "distribution" has several meanings in the financial world, most of them pertaining to the payment of assets from a fund, account, or individual security to an investor or beneficiary. Retirement account distributions are among the most...