Wrongful Competition Litigation & Illegal Trade Practices

The Law Offices of Anthony C. Duffy represent clients in a diverse range of wrongful competition litigation and illegal trade practices cases.

Anthony C. Duffy is a qualified and accomplished attorney with an extensive record of successful results in handling complex and other business matters for clients in Orange County and throughout California and in other States.

The mission of this office includes providing large law firm quality services with the personal representation and cost efficiencies of smaller firms.

California law values and promotes competition between businesses and industries and among business owners and operators.

With some exceptions, such as relating to sales of businesses, contracts which seek to bar or restrict former employees or owners from engaging in competing businesses after their employment or affiliation terminates, are invalid in California.  California differs from some other States which do enforce those restrictive contractual terms.

Business and Professions Code Section 16600, and related laws, are examples of status and prohibitions which enforce rights to engage in professions and other businesses lawfully.

Trade secrets and other confidential proprietary information and intellectual property are protected in California, including by the California Uniform Trade Secrets Act (Civil Code Sections 3426, et seq.).

These rights and laws are applicable, among other instances, between competing businesses.

Enforcing trade secrets, confidentiality contracts and other proprietary rights are among the most important and valid ways that a business can protect itself against former personnel and affiliates who use the company’s property for illegal competition, misappropriation or other unauthorized uses.

Non-disclosure and confidentiality agreements are recognized methods of enforcing private and proprietary rights, including against competitors.

Even when non-competition provisions are unenforceable against former personnel who now compete for business, contractual and statutory protections against unauthorized use, misappropriation and disclosure of trade secrets and other confidential and intellectual property,  can provide an effective remedy.

To promote fair competition, Federal and California statues, regulations and judicial decisions prohibit unauthorized taking and misuse of another party’s trade secrets, intellectual property and proprietary assets and information.

California statutes, such as, California Business and Professions Code Sections 17200 and 17500, et seq.  protect businesses against unlawful business acts and practices, including fraud, deceptive advertising and marketing, and other illegal business practices.

These statutes are among the laws which regulate business conduct and actions so that lawful businesses are not destroyed or damaged by competitors’ or others’ illegal business activities.

A business and its ownership subjected to wrongful acts of competition and illegal trade practices often deal with critical conditions that can threaten the success or even survival of the business.

Laws are available and can be used effectively to enforce property rights, and to prevent and recover relief when violations occur, including from competitors or former personnel.

Conversely, lawsuits often are brought against businesses which have not violated these laws, but which are required to defend themselves against unwarranted claims and litigation.

Whether the business and its principals must enforce their rights by bringing legal proceedings or defend such legal actions and claims, choice of effective legal counsel is a critical decision.

Experienced and knowledgeable legal representation is required to advise and advocate for these companies and affiliated persons in such disputes and if litigation is instituted.

The attorney must be able to evaluate the clients’ legal positions, to counsel the clients and to determine an effective and efficient course of action to serve the clients’ interests and objectives.

Mr. Duffy has litigated hundreds of cases in Federal, California and other States’ Courts, and in arbitrations, administrative proceedings and mediations, including newsworthy and publicly reported cases and appeals. Highly Respected in the legal community, Mr. Duffy has attained a peer review rating of AV Preeminent*, signifying extraordinary legal ability and the highest standard of ethics.

A top honors graduate of Stanford University, and with a J.D. degree from the Yale Law School, Anthony C. Duffy has obtained significant victories and settlements for numerous clients, including a jury verdict exceeding $97 million.

In defending against business lawsuits, he has saved clients millions of dollars in potential liability exposure.

Mr. Duffy has lectured and appeared on television and radio discussing the litigation process and the manner of optimizing the opportunities for successful legal results.

As an accomplished and successful trial lawyer, he knows how to achieve favorable results in a cost-efficient manner.