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.