Litigation

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.

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.

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.