Los Angeles Business Litigation Attorneys

Business & Corporate Law

In today's complex world, a mere filing of a lawsuit can pose a significant financial drain on a company's bottom line. That is why the Los Angeles law firm of Fisher & Talwar focuses on resolving complex disputes in an expeditious and judicious manner. Depending on the circumstances, attorneys at Fisher & Talwar may utilize alternative dispute resolution methods such as arbitration or mediation in an attempt to resolve disputes prior to trial. However, if a resolution cannot be achieved prior to trial, Fisher & Talwar will work with the top experts and investigators in order to maximize compensation at trial for our clients.

Do you need legal assistance in a business litigation matter? Fisher & Talwar -- Los Angeles business litigation attorneys -- can help. Contact one of our Los Angeles business litigation attorneys at Fisher & Talwar today!

One of the most common types of business disputes involves solicitation of a company's customers by a competing business. In California many companies require their employees to sign a "non-compete" and a "customer non-solicitation" agreement as a condition precedent to the employee's employment. Often times an employee of Company "X" will resign and gain employment with Company "Y" -- a direct competitor of Company "X". In other situations, an employee of Company "X" will start his or her own business and solicit current or former customers of Company "X". In these situations, employers will seek court assistance in an effort to compel their former employees to honor "non-compete" and "customer non-solicitation" agreements.

Generally, these types of agreements are unenforceable because they violate California Business and Profession Code section 16600 which states: "Except as provided in this Chapter, every contract by which anyone is restrained from engaging in lawful profession, trade, or business of any kind is to that extent void." Therefore, the enforceability of these types of agreements depends on the nature of the information that the employer is trying to protect. If the employer is able to establish that the information is a legitimate trade secret of the company, the court will likely grant an injunction preventing the former employee and his or her new employer from misappropriating the trade secrets.

However, it is important to note that not all information generated during the course of a business enterprise is entitled to protection. Labeling information as a trade secret or as confidential information does not conclusively establish that the information fits this description. Similarly, a contract between the parties is not decisive in establishing whether or not something is a trade secret because a contract cannot make a trade secret where none exists under the law. The court is required to view all of the evidence presented in making its determination. To assist the court in adjudicating these types of issues, the California Legislature has enacted California Civil Code Section 3426.1 which states, in pertinent parts:

"Trade Secret means information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who could obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."
Hence, the employer bears the burden of establishing that the information constitutes a legitimate trade secret of the company.

If you are involved in a dispute concerning trade secrets or any other business matter it is vital to have the experienced business litigation attorneys of Fisher & Talwar on your side.

Examples of business litigation cases include but are not limited to:

• Unfair Business Practices
• Unfair Competition
• Misappropriation of Trade Secrets
• Non-Compete Agreements
• Non-Solicitation Agreements
• Business Torts
• Breach of Fiduciary Duty
• Interference with Contract
• Collection Cases
• Defamation
• Misappropriation of Image
• Breach of Contract

If your business is facing an individual, commercial or a civil class action lawsuit involving a breach of contract, fraud, employment/labor dispute, unfair trade practice allegation, commercial or government contract dispute, internet related dispute or other business related matter, one of our Los Angeles Business Litigation Attorneys at the Los Angeles firm of Fisher & Talwar can help. Call us today at (213) 891-0777.