Legal Question in Business Law in New York

Re: Prop. Information

When you say you have been given a notice, does that mean you received a document stating "Order to Show Cause?" If yes, you should retain an attorney to file papers stating that you destroyed all information given to you.

If you received information that you will be receiving an "Order to Show Cause," there is nothing to do until you receive the legal document.

Mike.

Re: Prop. Information

You need a litigator with experience in white collar defense - and, if you're dealing with an Order to Show Cause, typically the deadlines are very short.

If I can be of help, please feel free to get in touch...either via phone or e-mail.

Re: Prop. Information

If you received an Order to Show Cause there should be a "return date" stating when you need to respond and when you (or your attorney) need to appear in court. These dates usually come up rather quickly, so you should discuss this with an attorney as soon as possible. Since all of the information has been destroyed you may be able to resolve this without protracted litigation, but a detailed review of the papers served on you and the factual background is necessary to make a full determination. Our firm handles commercial litigation matters, which is what your situation involves, and I would be happy to speak with you further to discuss all of your options. Please feel free to contact me at your earliest convenience.

Re: Prop. Information

One thing I would add to the other responses is the issue of trade secrets or bar on competition. If either of those are in play, your destruction may not be enough. Please let me know if I can be of further assistance.

Re: Prop. Information

I'll add to the other responses. If the document you received says "Order to Show Cause" to the right of the caption, and is signed by a judge (JSC - Justice of the Supreme Court; or AJSC - Acting Justice of the Supreme Court) there may be a restraining order against you that is in effect until a hearing date. In that instance, you must obey the restrictions contained in the order. You need to see an attorney because several factors may be at play. What were the circumstances under which you left your old job? Were you terminated? if so, with or without cause? did you have an employment agreement? if so, did it contain a covenant not-to-compete and/or non-solicitation agreement? Finally, there is some law relative to unfair competition and trade secrets that may be applicable in your situation. There are many factors that a lawyer must consider in order to provide you with the best possible defense.

Re: Prop. Information

You need retain an attorny to address the issues on the OSC and PRO immediately. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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