Companies providing services to clients and the clients themselves should pay close attention to language in the contract for services, particularly when the services involve the production of intellectual property by the company, such as software, plans, drawings, designs or other trade secret information. If conflict arises between the company and client and the contract is terminated, then a dispute can develop over who owns that partially paid for and partially completed creative work.
Posted:
8/27/2012 5:50:12 PM by
James B. Kinsel | with
0 comments
Recently in the case of 21st Century Systems, Inc. v. Perot Systems Government Services, Inc. (“Perot Sytems”) the Virginia Supreme Court overturned a multi-million dollar goodwill damages award. On appeal, the Virginia Supreme Court found that Perot Systems did not present adequate proof of the value of its lost goodwill.
Posted:
7/11/2012 3:21:03 PM by
James B. Kinsel | with
0 comments
In
Russell Realty Associates, et al. v. C. Edward Russell, Jr., the Supreme Court of Virginia upheld a trial court’s order that dissolved a partnership due to discord between the partners which “frustrated the economic purpose” of the partnership and a kept the partnership from being able to practicably operate under the written partnership agreement.
Posted:
6/20/2012 4:27:35 PM by
James B. Kinsel | with
0 comments
A noncompete entered into as part of a settlement agreement to end litigation between an employer and former employee receives more latitude than a traditional noncompete signed before or during the employment period.
Posted:
1/11/2012 3:37:57 PM by
James B. Kinsel | with
0 comments
A recent opinion out of the Eastern District of Virginia states that “unusual circumstances” must be shown to grant a party expedited discovery.
Posted:
12/13/2011 10:52:29 AM by
James B. Kinsel | with
0 comments
A court orders a permanent injunction and steep damages against repeat copyright infringers who willfully ignored cease and desist letters.
Posted:
11/16/2011 5:30:26 PM by
James B. Kinsel | with
0 comments
In a recent opinion, the Supreme Court of Virginia held that actions motivated solely by ill will or personal spite, that don’t include improper conduct, do not support a claim for tortious interference with an at-will contract. The court provided a helpful definition of when conduct is considered improper and decided that it is not enough if the actions were merely spiteful.
Posted:
4/28/2011 4:52:11 PM by
James B. Kinsel | with
0 comments
The Fourth Circuit has held that a trade secret may be composed of publicly-available information if the method by which that information is compiled is not generally known. Processes that are publicly known can become trade secrets when combined into a source code and the manner and sequence of the processes is unique and unknown to the public.
Posted:
4/12/2011 4:27:11 PM by
James B. Kinsel | with
0 comments
Statements made in a press release, if based on attorney work product information, may waive work product as to the subject matter of the statements. The case discussed below serves as another warning to companies in litigation to carefully monitor the process of drafting press releases and which statements to include in them.
Posted:
2/19/2011 8:10:49 PM by
James B. Kinsel | with
0 comments
Web company alleges that a competitor used web robots to copy and steal its intellectual property; and it files suit in the U.S. District for the Eastern District of Virginia.
Posted:
7/19/2010 1:04:11 PM by
James B. Kinsel | with
0 comments