Legal Question in Business Law in New Jersey
Starting my own business in the same field as my current employment. Legal ways to proceed.
3 Answers from Attorneys
Generally speaking,
At the very least, need to review any non-compete and/or employment agreements you may have signed with your current employer (or past employers), any potential use of trade secrets belonging to your employer and any potential use of any assets that belong to your employer (such as customer lists, marketing plans, databases, tools etc.)
Please contact me directly for assistance.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
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If you did not sign any kind of restrictive agreement then you likely have no worries. Of course, you can always be held liable for exploiting a former employers proprietary information that might be considered trade secrets for example.
If there is any doubt, it is best to discuss it over with a lawyer in private and you are going to have a number of legal considerations with the new business anyway so that is not a bad idea.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
First, you should contact a good tax and business attorney in order to review any present employment agreements and covenants against competition. Even if you don't have any contracts like that, you cannot solicit current clients and customers while you were employed. Also even when you start your new company you will not be able to use trade secrets or inside information. That is why it is very important for you to have good attorney to guide you through this and the particular facts of your case.
Good luck in your new business!
Ron Cappuccio
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