Business Disputes

Even businesses that successfully protect their trademarks, copyrights and other intellectual property from theft or infringement may still be harmed by false advertising or trade defamation. Advertising need not be entirely false to be actionable under the law of unfair competition, so long as it is sufficiently inaccurate to mislead or deceive consumers in a manner that inflicts injury on a competitor. In general, businesses are prohibited from placing ads that either unfairly disparage the goods or services of a competitor or unfairly inflate the value of their own goods and services. Unethical business owners can do real damage to honest business owners and deprive consumers of the opportunity to make intelligent comparisons between rival products. Generally, applicable law prohibits false representations that goods or services 1) have certain characteristics, ingredients, uses, benefits, or quantities; 2) are new or original; and 3) are of a particular grade, standard, or quality. Advertisements that are only partially accurate may give rise to liability if they are likely to confuse prospective consumers. If your business is subject to any of these activities, give us a call to find out how we can help.

One of the Firm's primary areas of focus in its business practice has been in the realm of non-compete and non-solicit agreements.  We have drafted a wide variety of these agreements across many different industries.  We also have a great deal of experience in dealing with non-compete and non-solicit agreements in the courtroom.  Sometimes, we find ourselves representing employers seeking to enforce such agreements.  On other occasions, we have defended employees and subsequent employers accused of violating such agreements.  While disfavored under the law, non-compete and non-solicit agreements are enforced if reasonable in light of the time period, geographical area and substantive reach of the restrictions they seek to impose.  What constitutes a reasonable restriction depends on the particular facts of each case.  Other factors, including whether an employer has upheld its bargain with its prior employee, sometimes come into play in a Court's decision to uphold, limit or strike down non-compete agreements.  What's absolutely clear, however, is that such agreements are enforced to the extent that they do not unreasonably burden an employee and are tailored to protect the legitimate interests of the applicable business.  Non-compete and non-solicit agreements are vital tools in protecting important business assets.  Furthermore, they may place substantial restrictions on an employee's freedom to engage in certain work following a resignation or termination from employment.  Call us if you have questions regarding non-compete or non-solicit issues.

The Firm regularly represents businesses in defense of claims raised by former employees or independent contractors.  These claims range from discrimination and harassment, to contract, unemployment and wage disputes.  In addition, we frequently litigate claims involving breach of fiduciary duties and express provisions of employment agreements, including violations of covenants prohibiting disclosure of sensitive corporate information and non-solicit and non-compete agreements among other claims. On occasion, we also represent employees whose former employers have acted illegally.  In these instances, we seek to ensure that our clients receive the benefit of their bargain with their former employer and insure their gainful employment in the marketplace once their existing employment relationship ceases.

Far too often, business owners spend as much time trying to get paid for the work that their employees perform as they do focusing on the work itself.  Our lawyers have many years of experience helping business owners get paid: so they can spend more time on what they do for a living and less time collecting delinquent accounts.  We aggressively pursue collection on behalf of our clients while remaining sensitive to your needs as business owners.  We understand that your chances of getting paid on delinquent accounts does not typically increase with time.  Success depends upon taking an aggressive posture early and following the task through to conclusion in a quick timeframe. We also work with our clients to prepare agreements with provisions that increase their chances of getting paid and make it worthwhile to commence a claim if money is not paid when expected. Give us a call, and find out what we can to do help your bottom line.

Far too often, business owners spend as much time trying to get paid for the work that their employees perform as they do focusing on the work itself.  Our lawyers have many years of experience helping business owners get paid - so they can spend more time on what they do for a living and less time collecting delinquent accounts.  We aggressively pursue collection on behalf of our clients while remaining sensitive to your needs as business owners.  We understand that your chances of getting paid on delinquent accounts does not typically increase with time.  Success depends upon taking an aggressive posture early and following the task through to conclusion in a quick timeframe. We also work with our clients to prepare agreements with provisions that increase their chances of getting paid and make it worthwhile to commence a claim if money is not paid when expected. Give us a call, and find out what we can to do help your bottom line.

Over the years, our lawyers have represented business owners, contractors, subcontractors, condominium associations and homeowner's associations in disputes that arise in the construction process.  We regularly file mechanic’s and materialman’s liens on job sites in both Kentucky and Indiana, and we file lien enforcement suits when payment is not forthcoming following the filing of a lien.  But, special attention must be paid in making sure that all applicable deadlines are met when filing a lien and when seeking to enforce it.  Our lawyers are well-versed in the laws of both Kentucky and Indiana.  Regardless of where your job site is located in the metro area, we can dramatically increase your odds of receiving the benefit of your bargain whether you are working as contractor or a property owner.  We can also defend such actions when suites are filed against you.  Call us for assistance.