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Frequently Asked Questions (FAQs) on Business & Commercial Law

business attorney huntsville

Our Huntsville business attorneys are experienced in handling business and commercial issues such as Business Disputes, Minority Shareholder Litigation, Shareholder Disputes, and Small Business Litigation.

What constitutes unfair or deceptive trade practices?

The law prescribes various forms of conduct which can amount to a deceptive and unfair trade practice but includes dishonest and fraudulent conduct such as false advertising, misrepresentations, and other business practices which adversely impact consumers.

What are the remedies for unfair trade practices?

Remedies for unfair and deceptive trade practices may include the actual damages sustained by consumers, additional damages in the amount of three times such damages, and attorneys’ fees.

What is the statute of limitations for an unfair trade practices claim?

It depends on what type of deceptive trade practice is involved, but it can be as short as one year.

Who can sue for unfair trade practices?

Any consumer affected by the unfair trade practice can bring an action for unfair and deceptive trade practices.

What constitutes tortious interference?

A lawsuit can arise when someone interferes with a contractual or business relationship of another.

What damages can be obtained from tortious interference claim?

Actual damages and sometimes punitive damages can be recovered from a tortious interference claim.

What is the statute of limitations for a tortious interference claim?

Generally, a lawsuit for tortious interference must be brought within two years of when it first occurred.

Is a non-compete agreement enforceable?

A non-compete is not enforceable for some types of businesses, like professionals, and for others must be reasonable in its restrictions in order to be enforceable.

Is a non-compete agreement enforceable if the employee is fired? What voids a non-compete agreement?

There are many defenses to the enforcement of a non-compete agreement, but they can be enforceable if the employee is fired. An attorney experienced with non-competes can explore all potential defenses.

What is an intellectual property dispute?

Someone who uses the creative work of another, whether written or otherwise depicted, or steals an invention or in some cases an idea, can be liable.

What is the statute of limitations for an intellectual property dispute claim?

The statute of limitations for an intellectual property dispute depends on the type of dispute involved. But, regardless of the limitations period, prompt action to stop the infringement or use should be taken. The sooner the better.

What damages can be obtained from an intellectual property dispute claim?

Lost profits and sometimes punitive or exemplary damages can be obtained in an intellectual property dispute.

What does breach of fiduciary duty mean?

A fiduciary is one who is charged either by law or by agreement with managing the property or assets of another as if they were his or her own. A failure to do so is a breach of fiduciary duty.

What damages can be obtained from a bread of fiduciary duty claim?

A breach of fiduciary duty claim can recover the compensatory damages caused by the breach and in some cases punitive damages.

Who can sue for breach of fiduciary duty?

The person to whom the fiduciary duty is owed or someone acting on their behalf if they cannot act for themselves may make a claim for breach of fiduciary duty.


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