Business Disputes & Litigation
Lawsuits involving small and large businesses can have a significant impact on profitability. Whether a dispute arises between members of an LLC or between a business and a customer, the time spent on lawsuit activity is a distraction from your core business activity. At Cannon Law, P.C., we understand what business litigation can do to companies and how to minimize its impact on your bottom line. Read more…
Recovery of Attorneys’ Fees
One of the most often asked questions is “Can I recover my attorneys’ fees in this suit?” The general rule in American courts is that each party pays its own attorneys’ fees.
However, many state and federal statutes specifically permit an award of attorneys’ fees to the prevailing party. Federal claims that permit the award of attorneys’ fees include, among other, wage and hour claims, civil rights and age discrimination violations, family medical leave violations and claims for violation of family medical leave laws. Read more…
Mediation & Arbitration
Mediation and Arbitration (Alternative Dispute Resolution) can, in the right circumstances, offer benefits to both sides in a business dispute. Mediation often results in settlement of a dispute before significant costs have been incurred. It is also helpful in preserving a business relationship where the parties have a disagreement.
Arbitration has its advantages as well. The cost of arbitration can be less than litigation. Read more…
Convenants Not to Compete
Disputes between businesses and former employees often result when former employees engage in competition with their former employer. In the absence of an agreement restricting employment after an employee resigns or is terminated, the employee is free to work anywhere, even with a competitor. An agreement that restricts later employment is called a covenant not to compete or a noncompete covenant.
An enforceable covenant not to compete must be: (1) in writing; (2) made a part of the employment contract; (3) based on valuable consideration; (4) reasonable as to time and territory; and (5) designed to protect a legitimate business interest of the employer. If the covenant does not meet any single requirement, it becomes unenforceable. Read more…
Trade Secrets
The Uniform Trade Secrets Act has been adopted in a number of states. That law protects certain business information from misappropriation if information meets certain requirements. In general, to qualify as a “Trade Secret,” the information must be valuable because it is not generally know or easily discoverable and the business takes reasonable steps to keep the information secret.
Not Generally Known
A business may not claim that information is a trade secret where persons outside the business, without permission from the business, possess the same information. Read more…