Atlanta Business Litigation Law Firm
The Olson Law Firm, LLC, primarily represents small and large businesses in all types of business disputes. No matter is too complex for our team. Looking for an attorney for a business law matter? Our Atlanta business litigation firm has over 20 years of experience representing companies and individuals in business law cases throughout the metro Atlanta area and across the state of Georgia, including Alpharetta, Roswell, Smyrna, Decatur, Macon, Gainesville, Dahlonega, Canton and Sandy Springs.
Our firm can represent your business’s interests in the following types of cases:
Business litigation occurs in many situations, some of which are outlined in the other practice areas of this firm. The most common type of business litigation is a contract dispute. Whether you are being sued for breach of contract or another party has failed to fulfill its contractual obligations to you, it is important to consult with an attorney who is experienced in contract disputes. With skilled legal guidance, it is often possible to resolve a contract dispute before it becomes a costly endeavor.
The Olson Law Firm is equipped to handle complex contract litigation in state and federal courts. Our law firm has been a trusted source of legal representation for businesses and individuals throughout Georgia for 20 years. If you need an Atlanta business litigation attorney and have a question regarding prosecuting or defending a breach of contract case, please contact The Olson Law Firm.
TRADE SECRETS & INTELLECTUAL PROPERTY ASSIGNMENT CLAUSE
Trade secrets cases often involve alleged misappropriation of proprietary company information by an ex-employee. Frequently, the former employer sues the ex-employee and the current employer for misappropriation of trade secrets. Trade secrets are defined by state law. Georgia’s Trade Secrets Act is found at O.C.G.A. §§ 10-1-761-767. The Olson Law Firm has represented companies and ex-employees in cases of misappropriation of trade secrets.
Conflicts often arise over the ownership of an invention or any other intellectual property developed by an employee or ex-employee. Employment contracts may contain an agreement to assign an employee’s right to own intellectual property developed during the course and scope of the employee’s duties with the company. Absent an employment intellectual property assignment clause, state and federal law may protect an employers’ intellectual property. The Olson Law Firm, has represented companies and ex-employees in cases of intellectual property disputes between a company and an ex-employee.
If you have a question regarding trade secrets or an intellectual property assignment clause, please contact The Olson Law Firm.
In Georgia, fraud may be actual or constructive. A plaintiff asserting a cause of action for actual fraud has the burden to show, by clear and convincing evidence, the following elements: (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled. Constructive fraud does not require a finding of intent to deceive. If you have a question regarding prosecuting or defending a fraud case, please contact The Olson Law Firm.
BREACH OF FIDUCIARY DUTY
Under Georgia law, fiduciary duties are owed where a confidential relationship exists between the parties. A confidential relationship exists “where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another or, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as the relationship between partners, principal and agent, etc.” O.C.G.A. § 23-2-58. A breach of fiduciary duty will arise whenever (1) a fiduciary relationship is established; (2) a breach of that duty is shown; and (3) that breach of duty is the proximate cause of a party’s damage/harm. Lawsuits involving a breach of fiduciary duty may arise in the following nonexhaustive situations: directors and officers of corporations; partners/owners of corporations; managers of money or property; and employer/employee relationships. If you have a question regarding a breach of fiduciary duty, please contact The Olson Law Firm.
Fraudulent Transfers generally occur when a company or individual seeks to avoid a financial obligation by transferring money, property, or other assets to a third party to avoid paying a debt. Georgia law provides a right of recovery for fraudulent transfers against the fraudulent transferor and, under certain circumstances, against the third party. Georgia’s Uniform Voidable Transactions Act is found at O.C.G.A. §§ 18-2-70-84. If you have a question regarding a fraudulent transfer, please contact The Olson Law Firm.
EMPLOYEE NONCOMPETITION AGREEMENTS IN GEORGIA
Restrictive covenants in an employment agreement “will be upheld if the restraint imposed is not unreasonable, is founded on a valuable consideration, is reasonably necessary to protect the interest of the party in whose favor it is imposed, and does not unduly prejudice the interests of the public.” W.R. Grace & Co. v. Mouyal, 422 S.E.2d 529, 531 (Ga. 1992). Georgia courts generally look to three factors to determine whether a restrictive covenant is reasonable: (1) the duration of the restrictions, (2) their territorial coverage, and (3) the scope of restricted activities. The Olson Law Firm can navigate the terms of this type of agreement and any questions that arise regarding noncompete and nonsolicitation clauses.