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Unfair Competition

Unfair competition is a complex area of law with many subtleties. Competition often results in businesses innovating and and improving their products and services. The protection of confidential information is crucial to take advantage of efforts to innovate. Unfair competition law provide avenues of potential recovery for businesses whose operating documents, customer lists, and other types of confidential information have been misused or misappropriated by former employees and/or competitors.

These can lead to claims involving  breach of fiduciary duty, tortious interference with contractual relations or economic advantages, and breach of covenants not to compete and nonsolicitation agreements.

When these claims are litigated, the courts must balance society´s interest in healthy competition with its interest in the protection of trade secrets and other forms of intellectual property. The following are a few examples of what may lead to an unfair competition claim:

  • An employee leaves your business and makes use of confidential information acquired during his or her employment to start a new business that competes with yours.
  • A former employee attempts to contact your current employees to induce them to leave your business and join a competitor.
  • A competitor attempts to induce your current employees, customers or vendors to end their relationships with your business or violate their legal duties toward your business.

To discuss any of the above types of claims or please contact the office to schedule a consultation.

Business and Real Estate Litigation

  • Breach of Contract Disputes
  • Partnership Disputes
  • Business Owner Disputes
  • Business Fraud
  • Breach of Fiduciary Duty
  • Covenants Not to Compete and Non-solicitation Agreements
  • Adversarial Corporate Dissolution Proeedings
  • Adversarial Bankruptcy Litigation
  • Employment Discrimination, Wrongful Termination and Other Related Claims
  • Franchise Litigation
  • Misrepresentation
  • Damages to Real Property
  • Breach of Commercial Leases

Trust and Estate Litigation

  • Will Contests
  • Breach of Fiduciary Duties
  • Lost Wills
  • Trust Litigation
  • Beneficiary Litigation
  • Surety
  • Probate and Other Disputes
  • ERISA Litigation

Personal Injury and Products Liability

  • Wrongful Death and Other Catastrophic Injuries
  • Toxic Torts, Asbestos
  • Defective Tools, Equipment and Other Products
  • Premises Liability
  • Motor Vehicle Accidents

Attorney Profile

Ilam Smith spent the first year of his legal career serving as a law clerk to a federal judge at the United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio. Since then he has represented both defendants and plaintiffs which has given him ample perspective and experience with cases from both sides. [read more]

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Ilam E. Smith

Smith Law Office
Normandy Complex
101 N. 7th Street
Louisville, KY 40202
502-561-3434

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Ilam E. Smith
Smith Law Office
Normandy Complex
101 N. 7th Street
Louisville, KY 40202
502-561-3434