Business Law: Leases and the Defense of Impossibility Due to COVID-19

Not every claim for breach of contract will lead to an adverse judgment. There are some legal defenses that can be asserted including a claim of “impossibility.” The defense of impossibility is potentially available in a public health circumstance like the current COVID-19 pandemic. As an example, assume a business has been declared by state… READ MORE

Trade Secret Statutes Protect Information Held in an Employee’s Memory

Trade secrets are valuable business assets. Trade secret law in the US is relatively uniform. Under most statutes and laws, a trade secret is any information, like a formula, design, data, blueprint or customer list, that is kept confidential and that has commercial value from the fact that the information is not known. The form… READ MORE

Business Law: Can Businesses Avoid Breach of Contract Claims Due to COVID-19?

There are three main legal theories that might be applicable in a pandemic situation like COVID-19 which would allow businesses to defend against lawsuits for breach of contract. These are: Force majeure provisions in the contracts Doctrine of impossibility/impracticability and Doctrine of frustration of purpose Here is a general summary of how these provisions and… READ MORE

Misappropriation of Trade Secrets May Also be a Tort

Trade secrets are important and valuable assets for any business. In general, a trade secret is information that the owner has taken “reasonable measures” to keep secret and that has commercial value from the fact that information is secret. The information/data can relate to almost anything including information about Finances like the company’s profit and… READ MORE

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