A Look at Non-Compete Agreements and Unfair Business Practices
The Irvine business lawyers here at Brown and Charbonneau, LLP handle a wide range of different types of cases. Since we have many decades of combined experience, we have seen it all as they say, and our clients benefit from this extreme level of seasoning. In our field of endeavor, results are the only measure of success, and our track record speaks volumes.
One business law scenario that we often see is that of non-compete agreement disputes. In many instances, we speak with executives and business owners that have misconceptions about non-compete agreement violations. Unfortunately, in most cases, they are not very pleased when they find out the facts.
Section 16600 of the California Business and Professions Code states that there is no such thing as a legally binding contract that prevents a person from plying his or her profession or trade. This effectively invalidates almost all non-compete agreements. However, there is one scenario that would fall outside of this legal protection.
If you are the owner of a business, and you sell it to another entity, you are not allowed to start a business in the same industry and subsequently endeavor to get back the clients that you served at the other company.
Unfair Business Practices
Though non-compete agreements are largely unenforceable, there are a number of different unfair business practices that are clearly against the law. One of them is the matter of false advertising. It is against the law to make false or misleading statements in an effort to entice people to buy a product or engage a service provider.
Without question, there are cases of intentional false advertising, and we can be called upon to provide legal representation if you feel as though you have a case. This being stated, under the letter of the law, a business does not have to willingly and knowingly make a false claim to be guilty of this offense. Even if there was no intent to deceive or mislead, if a company disseminates false claims, it can be cited for a violation of false advertising statutes.
Another type of unfair business practice case that we counsel clients about is the misappropriation of trade secrets. When an employee is privy to proprietary information that sets the business apart from others, this data should be held confidential. There are very detailed laws covering misappropriation of trade secrets, and we have a thorough understanding of the intricacies.
Monetary damages can be awarded when we successfully represent clients in trade secret matters. These can include punitive damages, which are damages imposed by the court in an effort to send a powerful signal to a party that has engaged in egregious misconduct.
Our Firm Can Help!
We can be engaged to provide powerful representation if you are embroiled in any type of situation that involves unfair business practices. As we stated in the opening, our Irvine business lawyers have a wealth of experience in this area, and we can take legal action on your behalf when necessary.
Plus, when you are a business decision-maker and you want to take legal steps to protect your trade secrets and proprietary information, we can draft the appropriate legal documents. We can also provide invaluable legal counsel if you are selling or acquiring a business.
When you choose Brown and Charbonneau, you will immediately recognize our uncommon commitment to the total client experience. Our attorneys are very communicative, and we go the extra mile to exceed the expectations of everyone that we represent. The dedication is always there, and we also have a vast array of these resources to draw from.
Since you reached this website, you must be interested in the representation of an Irvine business lawyer, and you have identified the ideal resource. The only thing left to do is to get in touch with us to schedule a consultation. There is a contact form on this website that you can use to send us a message, and we can be reached by phone at 714-406-4394.