Legal Question in Business Law in California

Trade secrets and misapproriation claim

I'm looking to purchase a business that competes with a business that I left for over a year ago. I would be making this purchase with another individual that us currently employed by the my old employer. Neither of us signed any form of a non compete. We're assuming that our old employer will sue us over some form of bogus trade secret and missappropriation violations. We have seen this in other divisions they own. We have NO intention of using any infomation from them. What will it take to have the case dismissed ? What are some approx. fees we should anticipate to defend this ?


Asked on 8/20/08, 12:52 pm

3 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

Re: Trade secrets and misapproriation claim

Your post does not include a zipcode so I'm not sure if I'm located in your approximate area of California. I would suggest that you consult with a local attorney to attempt to inoculate your new company from misappropriation claims to the greatest extent possible. By way of example, if you are hiring employees that were previously employed by your old employer, this could increase the risk of a claim. If that is necessary to your operations, there are documents to minimize the risks. As to anticipated costs, the best defense in this case will be a good offense, which will minimize risks. In the event of a claim, no attorney can give you an estimate because there is no way of anticipating the motions, etc. that may occur during litigation. It's basically an hourly fee subject to case needs. An attorney can, however, take a closer look at your plans and give you some basic strategic commentary and you can decide on a reasonable budgeting approach if you want legal assistance as a part of your new business team. You're invited to call to chat further about this strategic approach. - Cathy

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Answered on 8/20/08, 1:21 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Trade secrets and misapproriation claim

It's hard enough to buy an existing business, keep it going, and have enough money left over to keep the owners' bodies and souls together without facing immediate litigation costs and attorney's fees. That purchase would have to pencil out super strong to justify such a risk, regardless of how much inoculation you do to lower the risk.

Rule of thumb in instances like this is that no one buys a lawsuit. Think it over.

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Answered on 8/20/08, 7:09 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Trade secrets and misapproriation claim

There is no way to know. Litigation is like chess games - no two are alike. If the Complaint is defective, you might dismiss the case on demurrer or other such motion. If there are questions of fact, you may have to go to trial. If you want to retain me, you may contact me. It often helps to get advice before you know you need advice.

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Answered on 8/21/08, 12:07 am


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