Unfair Competition Violating a Fiduciary Duty:

A local client who had successfully run not only their core business, but (also) a side-line division, ran into a situation in which the employee who was appointed as the manager of that division left the employ of the company and set up a competing company.   Our client approached legal counsel to determine whether there was anything they could do to protect their interest.  Legal council astutely informed the client that this employee may be considered by the courts to be a fiduciary duty and accordingly would have breached his fiduciary duty in competing with their former employer. 

Through careful and thorough analysis of the economics of the situation, both from a lost-profits point of view and from a point of view of the profits in the hands of the competing company, we were able to prepare a report which, without formal critique by the other side, formed the basis for an out-of-court settlement, much to our clients’ satisfaction. 

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