The customer – business relationship is all about trust and confidence. The customer should put their trust in the business. There is a give and take relationship here. The bad news is that some businesses break the trust that customers gave them. If that breach of confidence ends up hurting the customer, they have no recourse but to sue the company.
According to the website of Slater Pugh Ltd. LLP, there are several options that a business can consider when defending their rights as a company. The courtroom is not the only venue where they could settle a legal battle. Let us take a look at these legal alternatives:
A civil litigation is uniform and regulated by Federal or state court. Filing a case can be tasking even if it does not go into trial. The processes may include filing a complaint, pleading, counterclaims, or third party action.
Small Claims Court
Small claim courts are informal courts that handle minor cases ranging from nuisance charges to money disputes. This is the first court where litigation takes place for small financial damages.
Class Action Suit
A class action suit is designed to consolidate several smaller cases into one large lawsuit. The cases involved here can be anything from toxic waste disposal to securities fraud.
Alternative Dispute Resolution
Alternative dispute resolution involves both arbitration and mediation. This is the best alternative for resolving conflicts and if you want to reduce the cost and time and avoid litigation.
Lawsuits can be time consuming and can waste your money and other resources. These alternatives can be considered for settling any conflicts and to prevent going to court. As a business, it is best to understand all your legal options. Knowledge of these different courts can help you determine the best legal alternative for your business.
A trade secret is something that a company or business uses in the manufacturing of its product or service that they keep a secret. This can be a device, method, formula, program, process, pattern or technique. According to the website of Kohler Hart Powell, SC, trade secrets must retain certain features to be protected under law. It is important to be familiar with the concept of trade secret in order to smoothly run a business.
First, a trade secret must be that, a secret. There must be a reasonable level of security taken by the owner to keep the information hidden. Second, the trade secret must provide a competitive advantage to the owner over other producers in the same category. Essentially the secret must retain economic value. Lastly, there must be consistent efforts to keep the information secret. This is often in the form of non-disclosure contracts that must be signed by any who learn of the secret.
There are three main ways that misappropriation can occur. First, a person or manufacturer can intentionally get the information when they are not meant to have it. However, it is legal for other manufacturers to attempt to get the information by reverse engineering products. Second, if the information was obtained illegally by another person but given to you and then you publish it, you can be accused of misappropriations. You must have knowledge that the information given to you was obtained illegally prior to publication. Lastly, if you have signed a non-disclosure agreement but tell even one individual about the trade secret you can be accused of misappropriations.
Trade secret misappropriation accusations can be complex and confusing. There are many different parts that must be proven before the prosecution can obtain the rights to accuse you of misappropriations.