Current Trends in Business and Commercial Litigation: How to Protect Your Company from Unfair Competition
Book Details
PublisherExecSense
ISBN / ASINB00AW1GOXO
ISBN-13978B00AW1GOX1
Sales Rank2,892,527
MarketplaceUnited States 🇺🇸
Description
Lying, cheating and stealing are not just for politicians anymore. The modern business world has become a no holds barred, knockdown, drag out fist fight when it comes to market position, developing new technology, and attracting new customers. The philosopher Carl von Clausewitz put it this way: "Rather than comparing [war] to art we could more accurately compare it to commerce, which is also a conflict of human interests and activities; and it is still closer to politics, which in turn may be considered as a kind of commerce on a larger scale."[1] With this almost warlike approach to business has come an increase in lawsuits involving unfair competition and misappropriation of a company’s confidential and proprietary information. Companies that can effectively protect their market position and trade secrets and use the legal system to their advantage will be well-positioned to succeed in this climate.
The difference between the companies that thrive and those that die may be their response to the legal system. Legislation has been in place at the federal level for many years establishing protection for businesses from unfair trade practices by competitors. Most states have followed suit and enacted laws prohibiting deceptive business practices and false advertising. However, these laws do not always protect companies from the damage that can be wrought by those in the best position to cause them harm: their employees. The disloyal employee or faithless servant is often in a unique position to cripple a business and may leave his employer with little recourse if the employer is not proactive in protecting itself and its information.
In this chapter, we will endeavor to inform you about some of the current trends in business and commercial litigation through a review of some recent and important cases. We will use these cases as examples so that you will be in a better position to protect your company’s valuable resources and use the legal system to your advantage. This chapter will be divided into three main parts. First, we will look at the law of unfair competition as it relates to comparative advertising and how a company can protect itself against the loss of valuable market share through a competitor’s false and misleading advertisements. Next, we will look at how a business can use contracts and technology to protect its vital information from misappropriation by a disloyal employee. Finally, we will look at the protections created by law that can assist a business in the event a competitor is involved in the theft of confidential information. Hopefully, after reading this chapter, you will be in a better position to anticipate and address challenges your company may encounter and to defend your position in the marketplace.
The difference between the companies that thrive and those that die may be their response to the legal system. Legislation has been in place at the federal level for many years establishing protection for businesses from unfair trade practices by competitors. Most states have followed suit and enacted laws prohibiting deceptive business practices and false advertising. However, these laws do not always protect companies from the damage that can be wrought by those in the best position to cause them harm: their employees. The disloyal employee or faithless servant is often in a unique position to cripple a business and may leave his employer with little recourse if the employer is not proactive in protecting itself and its information.
In this chapter, we will endeavor to inform you about some of the current trends in business and commercial litigation through a review of some recent and important cases. We will use these cases as examples so that you will be in a better position to protect your company’s valuable resources and use the legal system to your advantage. This chapter will be divided into three main parts. First, we will look at the law of unfair competition as it relates to comparative advertising and how a company can protect itself against the loss of valuable market share through a competitor’s false and misleading advertisements. Next, we will look at how a business can use contracts and technology to protect its vital information from misappropriation by a disloyal employee. Finally, we will look at the protections created by law that can assist a business in the event a competitor is involved in the theft of confidential information. Hopefully, after reading this chapter, you will be in a better position to anticipate and address challenges your company may encounter and to defend your position in the marketplace.
