Breach of contract litigation related to business operations can be incredibly complex. Even some lawyers who have contract experience may struggle to make sense of technical, complicated legal claims involving trade secrets and contract breaches. Additionally, they need to present the case in a way that jurors can understand, which is no small feat.
As such, organizations hoping to pursue compensation from other businesses for contract violations often need to carefully consider who to hire as an attorney. Those representing businesses in complex contract lawsuits need to review business records and the contract itself, along with all applicable statutes and relevant judicial precedents. A recent legal case underscores how important the right representation can be.
Complex cases require careful preparation
The New Jersey Law Journal recently quoted attorney John A. Fialcowitz in an article covering a major business lawsuit related to trade secrets. Mr. Fialcowitz represented the plaintiffs in this successful breach of contract lawsuit. The situation involved a contract to produce filters used for water and grease testing.
The plaintiff in the cases, Xenosep Technologies of Boonton, alleged that the defendant, Applied Separations of Allentown, Pennsylvania, violated a contract between the two businesses. The breach of contract in this case involved unpaid commissions, inappropriate use of trademarks, a failure to return inventory after the termination of the contract and trade secret damages.
In fact, the courts even found that this was an exceptional case, which resulted in the courts also awarding the plaintiff compensation for the organization’s legal fees related to the case. The total compensation awarded added up to roughly $6.3 million.
In this case, the attorney representing the plaintiff had to explore not just the contract and conduct of both parties but also had to meet a high standard of proof to show that this was an exceptional case where the plaintiff had the right to recover their legal fees.
Making the information understandable to jurors was also a key component of this successful lawsuit, as the case involved technical scientific matters and confusing legal standards regarding licensing for trade secrets.
Business leaders concerned about potential contract breaches may need help looking into their options and holding other organizations accountable. With the right guidance, it may be possible to recover the damages caused by the inappropriate conduct of another organization.