Business Litigation / Unfair Competition
The firm has 37 years’ experience in general business litigation, having handled cases of virtually every description.
The firm has handled many cases on behalf of companies whose key employees have left with trade secrets to compete unfairly. Just as many cases have been handled in which former employees have argued that the non-compete clause used against them was itself unfair, or in which the theft of any information was denied.
The firm has also handled too many breach of contract cases to count. The issues ranged from the pricing of goods under a pricing curve to failure to honor a shareholders’ agreement.
Recently, the Firm settled litigation filed on behalf of a 30% owner of a closely held corporation against the 70% owner who had denied that the minority owner possessed any interest whatsoever. The client's 30% interest was recognized and the company was sold at fair market value.
The firm represented an employee who was sued for allegedly taking trade secrets. That claim was dismissed as a SLAPP suit and the client was awarded $44,211.50 in attorneys' fees. The client's cross-claim for sexual harassment yielded a judgment in the amount of $1,200,000.
Unfair competition is an ill-defined term encompassing various efforts to change market outcomes by applying different rules to participants. Anti-trust falls within the ambit of unfair competition, but the Firm does not handle anti-trust cases. The firm does handle the following unfair competition cases: trademark and copyright infringement, passing off, misappropriation of trade secrets, theft of customer lists, violation of non-compete clauses, breach of fiduciary duty (e.g. departing partner raiding employees and clients), and various unfair business practices.