Legal Question in Business Law in New York

Re: Unfair Business Practices

Your instincts are correct! It sounds like the type of conduct that violates both federal and New York law.

YOU SHOULD PREPARE YOUR EVIDENCE FIRST BEFORE CONFRONTING THE DISTRIBUTOR ON ANY ISSUE. It will be necessary for you to learn how to collect important evidence to protect yourself - and you must act quickly for that evidence to be effective. You can take advantage of our FREE CONSULTATION to get a general idea as to what you should be doing and to get a better understanding of the process.

If you wish to make an appointment for a consultation, please send an e-mail to the address listed below. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com

Re: Unfair Business Practices

The action is most likely an illegal unfair trade practice and actionable understate consumer and Federal Trade law. You may want to consider contacting your representative from the lower-profile company since they are the one truly harmed by this action.

Should you like to discuss this or any other legal matter with me, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Unfair Business Practices

From what you say, you have an actionable claim for unfair business practices and violations of federal law as well -- to say nothing of potential antitrust violations.

As for preservation/collection of evidence, it is no more important in this case than in any other case. Simply, whatever you did to obtain the facts you stated, you will need to prove.

Most likely, you spoke with the small business owner who is being forced to "accept" only the "more powerful" product rather than your product (assuming you are the producer/distributor of the "less powerful" product).

You (or your attorney) will need to ensure that this witness (or witnesses) is (are) willing to testify at trial and in a deposition. Of course, it is possible to force such testimony through the use of a subpoena, but it would be best if the witness was (or witnesses are) cooperative.

Further, any photographic or videophonic evidence would be helpful. Ultimately, you will be able to obtain from the defendant the name(s) of their delivery persons or whomever removed "your" product, and subject them to testifying under oath.

Sounds like not a bad case.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.