Litigation as a Business Strategy

Virtually every business views litigation in the same way — as an unnecessary, unwelcome and costly disruption. When forced to hire attorneys to defend an unwanted lawsuit, precious corporate resources are diverted from productive, profit-making activities. Accordingly, business people not close their eyes to the potentiallybeneficial uses of litigation to protect their interests and, in some cases, to advance their business plans.

For example, companies often encounter unfair business practices that can only be addressed through litigation. Such unfair business practices include copyright and trademark infringement, unauthorized use of trade secrets or proprietary business data or processes, violations of non-competition clauses in employment contracts and violations of state or federal antitrust statutes, such as in unlawful refusal to deal situations or agreements unlawfully to restrict trade.

Antitrust law, in particular, might yield important ways to expand your company’s sales into heretofore restricted areas, such as where competitors have joined together in illegal agreements to bar the entry of competing products or services or to set prices unlawfully or, as another example, where unreasonable restrictions (such as in product or service specifications) have been imposed to restrict the ability of competing firms to participate in particular markets. When faced with such seemingly overwhelming barriers, your company may need an experienced business litigation firm to ensure your ability to compete on a level playing field.

In other situations, a competitor might be using promotional or marketing materials that have been created so as to confuse people as to their true origin, as a means of improperly trading on your company’s reputation and good will. Also, former employees may have been lured away to work for a competitor to make use of their client contacts and their intimate knowledge of the way your company conducts business to give your competitors an unfair advantage. In these cases, as well, your company’s long-term success may require the commencement of litigation to vindicate your rights.

The attorneys at Gallion & Spielvogel LLP have a proven track record of the successful use of offensive litigation to vindicate the rights of businesses and to help them achieve their business development and marketing goals, especially with respect to the enforcement of all manner of contracts and agreements.