Insights & News

If you are involved in a breach of contract dispute where the “breaching party” engaged in conduct that might qualify as a partial breach (not a material breach), you may be entitled to bring a claim against the defendant for damages, even if you are limited in terms of your right to terminate the contract and refrain from further performance of the contractual duties therein. How does partial breach work?  Let’s examine the basics for a clearer picture. Basics of Partial Breach Partial breach — otherwise known as immaterial breach — involves the failure of the breaching party to adhere […]

Identity theft — otherwise known as false personation, or identity fraud — is a serious crime that may be charged as either a misdemeanor or a felony, depending on the criminal record of the defendant, the amount of money “stolen” using the false identity, and various other circumstances. Millions of identity theft instances occur every year in the United States.  Given the severity of the issue, the IRS and other government authorities have increasingly been investigating potential instances of identity theft. If you’ve been charged with identity theft, it’s possible that your actions have been unfairly mischaracterized.  There are a […]

No matter the jurisdiction, when businesses — sophisticated or not — execute contracts, the potential for tortious interference by a third-party is not often anticipated by those engaged in the present contract.  Tortious interference can have a significant impact on the businesses involved, however, and may give rise to actionable claims for damages, to cover the losses caused by such interference. Basic Elements of a Tortious Interference Claim Tortious interference claims essentially involve the intentional disruption of a business contract by a third-party. For example, suppose that you enter into a contract with another party for the purchase of goods.  […]

Depending on the nature of the business and the information being protected, trade secrets may form a substantial portion of an intellectual property portfolio, and thus a substantial portion of the total value of a given business.  As such, potential trade secret infringement may have enormous consequences for the continued health of a business.  Fortunately, those whose trade secrets have been infringed (through misappropriation) may bring an action against the liable defendant. Legitimate trade secrets are protected by law against unlawful infringement.  Infringement — in the trade secret context, known as misappropriation — can be rather complicated to understand. Let’s […]