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Probate, Trust and Fiduciary Litigation


Whether it is a will contest among family members, a suit against officers or directors, or a fight to reform a trust, claims against fiduciaries and will contests are on the rise. Unlike litigating a dispute in the courts of general jurisdiction, probate litigation comes with its unique challenges and rules, and calls for unique experience and expertise.

Trade Secrets and Protection of Confidential and Proprietary Information

Disputes related to the misuse of proprietary or confidential information and trade secrets have dramatically increased as a result of the growth of technology based companies and competition in the market place. A company’s very survival requires that they hire and retain talented workers and constantly grow their client base. In the world today, one’s most valuable asset is often a client list or some other confidential or proprietary piece of information. In addition Federal and state law now mandate that a business take steps to protect the confidential information of their customers.

Dispute Resolution

When employees move to competing companies the existence and use of trade secrets and intellectual property are often at the heart of the disputes that arise. Ohio and most other states have adopted specific statutes that define what constitutes a trade secret and if it can be protected but these disputes date back to the turn of the century when dairies took milkmen to court to prevent them from working for competing dairies.

Often, the best result involves forging a mutually agreeable outcome and allowing both sides to focus on their businesses instead of on costly lawsuits. Helping the business or the individual who allegedly misappropriated trade secrets or confidential information identify win-win outcomes, and thereby avoid the need to go to court is the goal of every such encounter.


However, when a negotiated outcome is not possible a court case is almost inevitable. This type of litigation follows specific and unique rules and the relief sought from the judge is referred to as “extraordinary relief”. The name accurately reflects the urgent and sometime frenetic pace of this kind of litigation. Our attorneys can adeptly and aggressively leverage their experience to further our clients’ interests in court and arbitration forums where an appearance is sometimes required with little or no time to prepare. These actions include claims for breach of contract, misappropriation of trade secrets, tortious interference with contract and unfair competition. Where necessary, we pursue and defend injunctive actions, including requests for temporary restraining orders and preliminary injunctions.

Our lawyers have successfully litigated disputes over non-competition, non-solicitation, and non-disclosure agreements in state and federal courts throughout the United States, including on behalf of the following representative industries:

  • Medical and veterinary practices
  • The securities industry
  • Financial services institutions
  • Professionals services
  • Energy services
  • Technology companies
  • Manufacturing and distribution concerns
  • Consumer-goods sellers and installers

Trademark and Copyright Infringement

In addition to litigating the enforceability of restrictive covenants, our attorneys protect your interest in your trademark, copyright, and other intellectual property. Your trademark is your calling card, and when your exclusive right to use a protected mark, design, name or phrase is misappropriated, our attorneys will take steps to insure that your investment is protected to the fullest extent of the law. Similarly, we help you protect other intangible property that you have taken steps to use to the exclusion of others.