A key employee resigns to join a competitor, taking years of customer relationships and knowledge of your business. Can you stop them from competing? In California, most employee non-competes are void, but trade secret laws can protect confidential source code, pricing information, and qualifying customer data. Limited non-compete exceptions exist for business sales and certain ownership transitions.
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Non-Compete and Non-Solicitation Enforcement in Trade Secret Litigation
Businesses invest significant time and resources developing proprietary information that gives them a competitive advantage. Customer lists, pricing strategies, product designs, manufacturing methods, marketing plans, and confidential business processes often represent years of work and substantial financial investment.
The 5 Red Flags Your Business Partner Is Committing Fraud (And What to Do First)
If you suspect business partner fraud, your first step should be to preserve financial records and other evidence you can lawfully access, while reviewing your company's governing agreements to understand your rights and options.
Partnership Dissolution: Judicial Dissolution Grounds and Winding-Up Procedures
A dispute with your business partner may reach the point where you can no longer agree on how the company should operate or what should happen to its assets. In California, a partner can ask a court to dissolve a partnership on specific legal grounds. If the court orders dissolution, the partnership's affairs must then be wound up, which can include paying obligations and distributing remaining assets.
Insurance Coverage Disputes: Duty to Defend vs. Duty to Indemnify in Commercial Policies
Your business has been sued, and now the insurer is questioning coverage. That can raise an immediate concern: will your company have to pay its own defense costs while fighting the lawsuit? Under California law, the duty to defend is broader than the duty to indemnify.
Breach of Contract Disputes: Interpreting Ambiguous Terms and Proving Damages
A California breach of contract claim may turn on two questions: What did the agreement require, and what financial harm did the breach cause? When language is ambiguous, courts examine the contract as a whole and may consider evidence of the parties’ intent.
Counterfeiting and Cybersquatting: Remedies Under the Lanham Act and ACPA
Trademark Infringement Litigation: Likelihood of Confusion Factors and Defenses Like Fair Use
Your company's name, logo, slogan, or other branding helps customers recognize your business and distinguish it from competitors. When another business begins using a mark that is similar to yours—or you receive allegations that your own branding infringes someone else's trademark—the dispute can quickly become more than a marketing concern.
Trade Secret Misappropriation: Establishing Reasonable Efforts to Maintain Secrecy Under the DTSA
For many businesses, some of the most valuable assets are not physical property or equipment but the confidential information that gives them a competitive advantage. Customer lists, pricing strategies, manufacturing processes, software code, research data, proprietary formulas, marketing plans, and business methods can all represent years of investment and development.
Shareholder Derivative Suits: Demand Futility, Special Litigation Committees, and Director Liability
Shareholder derivative actions occupy a unique place in business litigation. Unlike traditional lawsuits in which a plaintiff seeks compensation for personal harm, a derivative suit is brought by a shareholder on behalf of the corporation itself.