Legal Question in Business Law in California

business litigation

I am selling my business. The prospective buyer circumvented the NDA, contacted and converted my customers directly, breached the purchase agreement and is now competing with me. I need help.


Asked on 8/18/08, 1:58 pm

5 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: business litigation

If the problem is in California, I can refer you to someone who may be able to assist.

If it's in New York, feel free to get in touch.

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Answered on 8/18/08, 2:12 pm
Michael Markowitz Michael A. Markowitz, PC

Re: business litigation

Does the NDA have a jurisdiction clause? You need to immediately act.

Mike.

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Answered on 8/18/08, 2:14 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: business litigation

Well if what you say is true, (and this is a person or business in California) that has breached clear terms of your agreement, then not only can you, but you should take action immediately. The law punishes those who 'sleep" on their rights even if technically the statute of limitations has not run. You can file a lawsuit and maybe obtain a restraining order or injunction, but you will have to pay for an attorney to do this. I highly doubt you will find an attorney to take this on contingency. My rate is $200 an hour with a retainer up front. If interested, please call my office.

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this attorney, or any communication from this attorney, and nothing constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 8/18/08, 3:35 pm
Nancy Delain Delain Law Office, PLLC

Re: business litigation

I'll simply add to the other excellent answers that the jurisdiction clause in your NDA spells out the place where suit can be brought. If there is no jurisdiction clause in the NDA, then bring suit in the prospective buyer's home county to avoid a costly jurisdictional battle arguing over whether the court even CAN hear the case.

Like everyone else, I'll tell you to act now. Statutes of limitations are short.

If your defendant is in NY, feel free to contact me.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/24/08, 10:53 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: business litigation

You are welcome to contact me for a complimentary consultation at [email protected], or call my office in the morning; 516/873/8989.

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Answered on 8/18/08, 5:22 pm


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