Extensive Business Litigation Expertise
Indianapolis Business Attorneys
Our firm represents companies in virtually all types of business disputes. Our Indiana business litigation attorneys and breach of contract lawyers have experience working with companies ranging in size from Fortune 500 companies to small businesses.
If you own or operate a business, litigation is something you deal with all too frequently. Disputes arise over a multitude of matters. For example:
- Vendors and customers fail to perform under a contract, or contest the interpretation of the terms of a contract.
- Competitors engage in unfair trade practices, such as wrongfully using trademarks and other intellectual property.
- Partners or shareholders to a common enterprise cannot agree as to how to carry on daily operations and dispute the valuation of their interest in the business.
Regardless of the business dispute, you need an experienced business litigation attorney or breach of contract lawyer to protect your interests.
Indianapolis Breach of Contract Attorneys
Contracts are a necessary way of doing business. However, when one party fails to fulfill the duties undertaken in the contract, the other party is entitled to compensation for damages due to the breach.
Legally defined, Breach of Contract is one party’s failure, without a legally valid excuse, to live up to responsibilities under a contract. A contract breach can occur when:
- One party does not perform as promised.
- One party does something that makes it impossible for the other party to perform the duties under the contract.
- One party makes it clear that there is not intention to perform the contract duties.
- Once a contract is breached the party in breach may be liable for damages. We can assist you in determining the measure of the breach while providing the necessary expertise to prove that the breach occurred.
Price Waicukauski Joven & Catlin, based in Indianapolis, Indiana, has extensive experience handling the following types of breach of contract cases:
- Purchase, Sale, or Lease Agreements
- Non-Competition Agreements
- Express and Implied Warranties
- Partnership Agreements
- LLC Operating Agreements
- Employment Agreements
Our experienced business litigation attorneys have extensive litigation experience in state and federal courts throughout Indiana and across the nation. We are dedicated to helping our clients receive the compensation that they deserve.
Indianapolis Covenant Not to Compete Attorneys
Employers sometimes require their employees to sign non-competition agreements, which restrict the employee’s ability to work after separation from that employer. These non-competition agreements are disfavored in Indiana because they restrict a citizen’s right to work. Our business litigation attorneys have successfully represented individuals needing advice about whether a non-competition agreement was enforceable, and individuals who were sued by their former employer based upon an alleged violation of a non-competition agreement.
Covenant not to Compete restrictions typically relate to:
- Type of Business or Industry
- Period of Time
- Geographic Location
Is a Covenant not to Compete Enforceable?
In short, whether a judge will uphold a covenant not to compete is based upon how reasonable the agreement is and the scope of the restrictions that are included. It’s important to know that courts in Indiana do give importance to an employee’s right to work. A court may choose not to enforce a non compete clause if it is unreasonable – for instance if it involves an unusually long period of time or covers a very large geographic area. In addition, an employer must prove that it has a legitimate business reason for including a covenant not to compete clause.
Our experienced non-compete attorneys have extensive litigation experience in state and federal courts throughout Indiana and across the nation. We can provide the resources and expertise necessary to address a non-compete whether a client is seeking to enforce or resist such a restriction.
Trade Secret Misappropriation
Businesses take certain precautions to ensure that their trade secrets aren’t shared with competitors. If someone publishes or makes use of your company’s trade secrets, you may have a legal claim for trade secret misappropriation. Trade secrets include many types of business, scientific, technical, economic, or engineering information, including:
- Program Devices
Trade secret protection is derived from state law. Due to our deep knowledge of Indiana law, our Indianapolis based business litigation attorneys can assist companies within the state of Indiana with their claims.
In Indiana, in order to make a claim for misappropriation of trade secrets, you must show that:
- The information is a trade secret;
- You took reasonable steps to preserve the secrecy of the trade secret; and
- The defendant misappropriated the secret or used improper means, in breach of a confidential relationship, to acquire the trade secret.
Our experienced business litigation attorneys can advise you on appropriate security measures to protect your trade secrets, or assist you with taking appropriate legal action to enforce your rights when they have been violated.
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Cases of Interest
A Burst Sewage Pipe Causes a Legal Mess; Castleton Corner Owners Association, Inc. v. Conroad Associates, L.P.
This is a commercial case that arises from an unfortunate situation—a malfunctioning sewer lift station that flooded a retail shop in Castleton. The issues on appeal deal with expert opinions and the proper amount of damages, which can inform just about any case.
Lawyers have long sought to take the Latin out of the legal lexicon. But there are still a few holdouts, such as the doctrine of res ipsa loquitur. This case addresses the burden a defendant must meet in order to get summary judgment when that doctrine is at issue.
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