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Theft Of Trade Secrets
A trade secret is any formula, pattern, device or compilation of information which is used in one’s business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
The elements of misappropriation of trade secrets are:
(1) that plaintiff possessed a trade secret, and
(2) that the defendants used that trade secret in breach of an agreement, confidential relationship, or duty, or as a result of discovery by improper means.
As a general matter, courts consider several factors when determining what constitutes a trade secret, including:
(1) the extent to which the information is known outside of the business
(2) the extent to which it is known by employees and others involved in the business
(3) the extent of measures taken by the business to guard the secrecy of the information
(4) the value of the information to the business and its competitors
(5) the amount of effort or money expended by the business in developing the information
(6) the ease or difficulty with which the information could be properly acquired or duplicated by others.
We recognize that a business – no matter the size – and its owners, partners and shareholders are challenged with substantially greater exposure to legal issues than any individual would on a daily basis. Whether it involves not being paid for outstanding invoices, disputes with partners, employment-related issues, understanding corporate regulations, engaging with litigious vendors, or a variety of other business litigation issues, you will need to be represented by an attorney and law firm which can not only get the work done, but will work WITH you at solving your problems. Our experience in large New York City commercial litigation law firms and representing Fortune 500 companies prepared us for meeting the challenges you face.
Contracts And Agreements
Having seen, witnessed and represented clients on various causes for breach of contract, it is imperative to have a knowledgeable business lawyer be able to draft contracts and agreements such as purchase and sale agreements, marketing-agency agreements, affiliate agreements, an operating agreement, joint ventures, and partnership agreements. A well-prepared contract or agreement can save you lots of money and future litigation aggravation.
Breach Of Contract
In almost every commercial litigation dispute, there are two sides alleging completely incongruent positions.
The essential elements of a breach of contract cause of action are:
(i) the existence of a contract
(ii) the plaintiff’s (or claimant’s) performance pursuant to the contract;
(iii) the defendant’s breach of his or her contractual obligations
(iv) and damages resulting from the breach.
Generally, a party alleging a breach of contract must demonstrate the existence of a contract reflecting the terms and conditions of their purported agreement. Furthermore, a plaintiff’s allegations must identify the provisions of the contract that were breached.
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Our team of experienced and hard-working attorneys can guide you through each and every scenario of Business Litigation. We pride ourselves on making these complex matters easier to understand and provide compassionate services that make the process easier to cope with. Let us guide you through your troubling time.
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When it comes to representing our clients, there’s really only one option: individualized attention. You will never be just another file. We understand one hat does not fit all and that each client has different needs. We take the extra time to give each of our clients the personal attention they deserve!