I often litigate unfair business competition cases. These cases can arise in a variety of settings including actions for trademark infringement, trade secret misappropriation, or business torts including interference with contractual relations. In Federal Court, the Lanham Act is the federal unfair competition statute that protects consumers from trademark infringement or false advertising. In California
Anyone involved in business litigation or a business litigation attorney who practices in this area has been faced with an opponent who lists several expert witnesses on their expert witness designation. The statute requires each side to list the experts they intend on calling at trial. In this designation, each attorney is required to give
Certain lawsuits are not favored by the courts. These include any lawsuit that could impinge on another’s right of free speech or right to petition the court for relief. This later category includes lawsuits for malicious prosecution, abuse of process, or defamation. There is a statute that allows for a motion to dismiss any of
I am the lead trial attorney on a case that has been pending for over 10 years. My client was an internet service provider (ISP) that entered into a contract with a marketer of a device that allowed people to access the internet by using their televisions as a monitor. Shortly after that contract, this
I recently tried a case before the American Arbitration Association that was submitted to binding arbitration based upon a contract between the parties. The contract was for construction services and contained an arbitration clause which essentially stated that any dispute arising out of the contract was to be subject to binding arbitration before the American
In cases involving business torts, including lawsuits for intentional interference with contract, the measure of damages is generally the lost profits and expenses incurred. A substantial body of older cases stated that lost profits of an unestablished or new business cannot be recovered. A diminishing number of states still follow what is known as the
I have been a business litigation attorney for nearly 25 years and have been lead trial counsel in about 60 trials. A few years back I was the lead trial attorney in an extensive lawsuit for unpaid wages filed by 36 former employees of my client. The trial lasted 5 months. The jury came back
As we all know we are experiencing the worst economic times since the great depression. The unemployment rate is the highest in many years. It is important to understand that unemployment figures are a lagging indicator of a weak economy. The reason is simple. When companies experience weak sales they cut back on manufacturing orders
Unfair competition is a commercial tort or civil wrong, however the tort of unfair competition is difficult to define. In our system of law we set limits on a minimum level of “fairness” in competition. In other words, it is illegal to compete “too hard”. The courts have had little success in defining unfair competition
In order to prevail on a claim that someone stole or misappropriated (as used in legal jargon) your trade secret, you not only have to prove the trade secret was subject to efforts to keep it secret, you also have to show it had economic value to people other than yourself. A recent case called Yield
