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Unfair Competitive Business Practices

Overview

Bingham Greenebaum Doll LLP’s Unfair Competitive Business Practices group combines strength in our business litigation, employment law and business transaction disciplines to protect our clients’ business, employee, customer, supply and distribution relationships; trade secrets; confidential information; and proprietary business information. We work closely with our clients to provide protection that meets their business goals in the most practical, effective and efficient manner through preventive measures, counseling, litigation and transactional engagements.

The attorneys in the Unfair Competitive Business Practices group are experienced in a variety of disputes, including those involving unfair trade practices, interference with business relationships and prospects, covenants not to compete, confidentiality agreements, non-disclosure agreements, non-solicitation agreements, exclusive and non-exclusive distribution/supply relationships, corporate espionage, licensing agreements, trade secrets, sales of goods, sales of businesses, healthcare, real estate use and acquisition, and regulated business practices.

Business Torts – Prosecution and Defense

Businesses face competitive pressures every day, especially in our current, stressed economy. Competitive decisions result in the increase or loss of business to the potential detriment of competitors. Many times competitors seek recourse for their losses through a variety of business tort claims, including tortious interference, commercial defamation, misappropriation of trade secrets, corporate raiding and unfair trade practices. Bingham Greenebaum Doll LLP’s attorneys counsel clients through pre-litigation negotiations and strategy relating to these business disputes, and prosecutes and defends disputes in state and federal trial and appellate courts, and before regulatory agencies, including the Financial Industry Regulatory Authority (FINRA).

Restrictive Covenants – Covenants Not to Compete, Non-Disclosure and Non-Solicitation Covenants

Restrictive covenants are critical to many of our clients’ businesses. Business owners know that employees acquire specialized knowledge, skill and business relationships as a result of and during the course of their employment. Questions often arise whether employment and other agreements are enforceable to prevent a former employee from utilizing the acquired knowledge, skill and business relationships to the detriment of the business owner/employer.

From the single employee departure, to the mass exodus of top executives or employees to a competitor, our attorneys prosecute and defend all types of restrictive covenant and trade secret claims and work with clients to:

  • Conduct trade secret audits
  • Design information protection programs
  • Draft and enforce confidentiality, non-disclosure, non-solicitation and non-competition agreements
  • Prepare policies concerning the use of e-mail, Internet and other communication devices to maintain the confidentiality necessary to protect trade secrets and other confidential, proprietary information from being disclosed, misappropriated or misused.

Other Intellectual Property Claims

When unfair business practices involve intellectual property assets such as trademarks, trade dress, copyrights, and patents, Bingham Greenebaum Doll LLP’s Intellectual Property Litigation group has extensive experience in handling such disputes, and is ready to represent your interests in such matters. 

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