At some point, every businessperson will ask this question: “Can they sue me for …?” The answer is always, “Yes, they can.”
In our decades of practice, the litigation lawyers of Carlile Patchen & Murphy LLP have dealt with a vast array of disputes, whether in local or state courts and agencies, federal courts, bankruptcy courts, tax court, state and federal appellate courts and the Ohio and United States Supreme Courts.
CPM trial lawyers are highly skilled courtroom attorneys who have the recognized expertise and experience to provide aggressive and thoughtful advice and representation. We make a determined effort to anticipate and avoid problems, rather than merely respond to them. However, when a negotiated outcome is not possible a court case is almost inevitable.
Our attorneys leverage their experience to further our clients’ interests in court and arbitration forums. We can prepare an effective case on your behalf for actions such as claims for breach of contract, misappropriation of trade secrets, tortious interference with contract and unfair competition. Where necessary, we pursue and defend injunctive actions, including requests for temporary restraining orders and preliminary injunctions.
Insurance exists in all that we do and everywhere we go. Without insurance, risk would often be untenable and all commerce would almost certainly cease. Any property owner knows they had to obtain insurance as a requirement of the lender to buy the property. Any business owner knows that it must have liability insurance to protect it from unexpected risks that could destroy its business. Most business transactions have certain insurance requirements contained within the contract, such as who must insure against risk of loss or defend and indemnify for liability.
Insurance is simply a contract. And the protection afforded by the insurer is subject to the terms and conditions of that contract. But, unlike many contracts, insurance policies are governed by certain unique rules that are not always obvious.
Policies are not mere contracts drafted on a whim. They are complex documents that are created based on risk assessment and statistical analysis for premium rating. Insurers will analyze what is a covered loss and what its risk exposure is for such loss.
It is more important to review your business and personal insurance policies. We make sure our clients understand what risks “are” and “are not” covered. It is better to know now instead of 5 years down the road when it may be too late. Because of the uniqueness of the facts of many claims, coverage disputes will always exist.
Every coverage issue begins with the facts of the case. When a claim is presented, the facts will provide the basis for the analysis. The International Organization for Standardization (ISO) has formulated standard policies forms. Those forms are prepared from a statistical risk perspective, which indicates the type of claim the insurer expects to cover.
Carlile Patchen & Murphy LLP attorneys have extensive knowledge of the insurance industry. We can assess coverage for our clients from property and casualty, commercial general liability and directors and officers. Our attorneys also can make sure your interests are protected by reviewing your coverage for errors and omissions. One of our attorneys is a Certified Specialist in insurance coverage through the Ohio State Bar Association (OSBA).
Disputes related to the misuse of proprietary or confidential information and trade secrets have dramatically increased because of the growth of technology-based companies and competition in the marketplace. A company’s very survival requires that they hire and retain talented workers and constantly grow their client base. In the world today, one’s most valuable asset is often a client list or some other confidential or proprietary piece of information. Federal and state law now mandates that a business take steps to protect the confidential information of its customers.
When employees move to competing companies the existence and use of trade secrets and intellectual property are often at the heart of the disputes that arise. Ohio and most other states have adopted specific statutes that define what constitutes a trade secret and if it can be protected.
Often, the best result involves forging a mutually agreeable outcome and allowing both sides to focus on their business instead of costly lawsuits. Helping the business or the individual who allegedly misappropriated trade secrets or confidential information identify win-win outcomes, and thereby avoid the need to go to court, is the goal of every such encounter.
What is a non-disclosure agreement? Also known as a confidentiality agreement, a non-disclosure agreement is a legal contract between two or more parties that outline confidential material, knowledge, or information shared with one another, but the parties wish to restrict access to.
What is a non-compete agreement? A non-compete agreement is a contract between an employee and an employer in which the employee agrees not to enter into markets or professions considered to be in direct competition with the employer.
They require certain information in order to be considered enforceable:
A non-compete agreement is typically in effect for a certain period of time after employment ends.
Mediation and Arbitration are typically referred to as an Alternative Dispute Resolution (ADR) method.
Carlile Patchen & Murphy LLP attorneys regularly use Alternative Dispute Resolution (ADR) mechanisms and techniques. Our firm routinely represents clients before the American Arbitration Association (AAA) and other ADR forums. Our attorneys also participate in court-mandated settlement conferences and privately arranged mediations. Many of our lawyers serve as court-appointed or privately hired mediators and arbitrators. The Federal District Court has commended several of our lawyers for mediation service. We use the ADR process to help clients who find themselves in disputes they want to resolve in ways other than through traditional litigation.
Mediation is where settlement negotiations between parties to a dispute are facilitated by a neutral third party or mediator. The mediator does not have the power to impose a resolution or make rulings. The mediator guides the parties towards resolution, thereby avoiding the cost in time, money, and potential exposure of a court proceeding or arbitration.
Through a variety of techniques – including sessions with all parties and separate caucuses with each party – the mediator helps both sides define the issues clearly, understand each other’s position and move closer to resolution. In mediation, the parties control the outcome, and the potential exists for an agreed-upon “win-win” solution, which preserves the essential interests of all the disputants in a confidential setting.
Arbitration is a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons to review the evidence in the case and impose a decision that is legally binding and enforceable for both sides. Arbitration is often mandated by a contract between the parties.
© Copyright – Carlile Patchen & Murphy | Disclaimer | Sitemap | XML | XML2