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In the normal course of doing business, disputes
will arise, perhaps a disgruntled employee, recently terminated,
has decided to erase all trace of a software program he or
she developed, or a group of shareholders, unhappy with the
direction their investment is going, decide to file a civil
action against a company's board of directors. With committed,
competent counsel, companies, and the people that work for
them and invest in them, can resolve their conflicts.
When a business enters into a contract, it enters
a legally enforceable agreement to do or not do a particular
thing, for instance purchase and deliver goods, disburse prize
money from a sweepstakes, pay office rent on the first of
the month, or lease equipment. If, after entering into an
agreement with another party and that party fails to deliver
on its promise, a company may decide to bring suit for breach
of contract.
Certain employers require employees to sign
non-compete and non-disclosure agreements. The last thing
a company wants to happen is to have valuable proprietary
information, such as the programming language behind its new
database software, or its customer list, in the hands of a
competitor.
The non-compete agreement, or a covenant not
to compete, prevents an employee from taking a job with a
related business over a certain period of time. If an employee
decides to pursue a job with a competitor, and is not dissuaded
from doing so after repeated attempts to remind him or her
of the agreement, litigation may be necessary.
An NDA protects a company in a similar fashion,
preventing an employee from revealing confidential information
that gives the company its competitive edge. If the NDA is
breached, a company can seek an injunction in court preventing
further release of information, as well as bring suit to recover
damages.
A company that holds various copyrights (original
works such as software or a novel), trademarks (company-specific
phrases or logos), and patents (a product design that cannot
be used without a creator's permission) may pursue litigation
if it believes they are being infringed upon.
Company shareholders and directors are trusted
to act in the best interest of the company, and its other
shareholders. If a shareholder believes that this trust has
been broken, under Massachusetts state law he or she may sue
for breach of fiduciary duty.
If your business finds itself in a dispute, and you believe
that you must bring a legal action to protect the business
and its assets, or your business has been sued or is being
threatened with a lawsuit, it is important that you retain
a business law firm that has a proven record in business litigation.
Parker | Scheer business lawyers will handle your case professionally
and thoroughly and have a proven record of success. From the
corner store to the large regional company, Parker | Scheer's
team of business lawyers works closely with clients of all
sizes. Whether your case requires arbitration, mediation,
or traditional litigation, we will make sure your case gets
resolved as soon as possible, so you can get back to what
is important… the health and growth of your business.
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For more information on Massachusetts
business law or if you are seeking a Boston business lawyer
for any other needs, please contact Barry Scheer. If you prefer,
you can also telephone our offices in Boston seven days a
week at toll free 866-414-0400.
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