Business litigation includes disputes in the context of business – both with third parties and within the company itself. Business disputes can arise during the start-up of a company, during its operation, or when a business is winding down. Best practices include putting the necessary contracts and agreements into place from the outset to minimize litigation. Taking the necessary precautions from the beginning can help avoid business litigation as the company grows.
Domain names are often the first interaction an Internet-based company will have with potential customers. Having the right protections for a company’s domain will prevent confusion and strengthen the business’ brand online.
As part of our litigation practice, we represent both plaintiffs and defendants in patent litigation throughout the country and across a wide array of industries. Because of the number of technologies that can be involved, it is important to have the technical experience, trial skills, and industry knowledge to handle patent litigation matters. Patent litigation is more than just a legal issue—it is also a business issue. How patent litigation is handled can have an impact on the business going forward.
Fraud can occur when there is a deception or misrepresentation, either through something that is said or something that is omitted. Fraud can occur in a variety of contexts, from business relationships to contracts to purchasing goods or services.
Trademarks are words, designs, or combinations that have received federal and/or state protection. Trademarks are used to identify a particular source of goods or services. As with other types of intellectual property (IP), it may be important to file for the right protection from the beginning to protect a trademark in the event of litigation.
False advertising includes the use of misleading statements in advertising. Because there can be a fine line between puffery and other legal advertising, getting the proper legal advice may be important before spending the time and money to create an advertisement that may put a company at serious risk of litigation.
Unfair competition seeks to prevent one party from obtaining an unfair advantage over another party. Some examples of unfair competition include trademark infringement, passing off unauthentic goods, and trade secret misappropriation. Any business with employees or confidential information has potential issues related to claims of unfair competition. Taking the necessary precautions from the beginning can help avoid litigation as the company grows. As part of our litigation practice, we represent both plaintiffs and defendants in unfair competition litigation in state and federal courts.
A copyright provides protection for original works created by the author. The work made for hire doctrine in certain circumstances can shift ownership from employees to the employer company. Subject to certain legal exceptions, copyrights protect the exclusive right to copy and distribute a creative work for a period of time.
A trade secret is confidential information that is not generally known and is not easily reverse engineered by others. Trade secrets often require significant investment of both time and money. If disclosed, a trade secret would give a competitor an unfair advantage.
Commercial litigation is a broad category of litigation that encompasses all types of business disputes. Commercial disputes often arise within the context of commerce and can be among businesses as well as individuals.
Non-compete agreements – where employees agree not to compete with their employer for a period of time – have become common in employment contracts. A non-compete agreement can include a variety of covenants, from not soliciting business from a former employer’s customers to not disclosing confidential information.
Trade dress includes the visual appearance of a product or its design or packaging. As with trademarks, trade dress signifies the source of a product. Misuse of a company’s trade dress often results in confusion among consumers.
Misappropriation is generally the taking or using of something belonging to someone else, and can include trade secrets, ideas, and names and likeness. Misappropriation results in some sort of harm, whether financial or otherwise.
A fiduciary has a legal or ethical relationship of trust. The fiduciary duty is a high standard of care and requires a level of loyalty. A fiduciary relationship is created depending upon the type of relationship and the circumstances of that relationship.