The Law behind Unfair Competition in Business

by Rainier Policarpio

Unfair competition practices in business indeed create negative effects to the California corporate community especially to those companies that are directly affected. At certain point, these illicit performances of some individuals and companies may prevent another company from having more clients and better profits from their business operations. Thus, in order to address this problem, several provisions prohibiting these activities were included in the Civil Code of 1872.

The Unfair Competition Law seeks to prevent business closures and bankruptcies and protect businesses from various acts like:

• Business fraud
• Product misrepresentation
• Tortuous meddling
• Unpaid debt
• Misappropriation of intellectual properties
• Trade secret theft
• Trademark law violation
• False advertising

The statutes prohibiting such actions have been the cause of numerous civil actions filed by plaintiffs and public prosecutors. These have threatened those unruly parties from being engaged in such law infringements. However, many companies found the penalties not enough to give them justice completely. Only then, in 1977, was the California Unfair Competition Law has been stretched out to cover compensatory damages provided for the affected parties.

For example, if a company has been proven utilizing another company’s trade logo in selling their products, they will have to pay the affected business with such amount of compensation depending on the possible losses sustained. Another case is if an employee has been forced by his present company to divulge his former company’s trade secrets, it may also initiate the filing of legal action.

Usually, the infringed parties send cease requests to the law violators before filing a formal court complaint. This document contains the plaintiff’s demand for the defendant to stop their wrongful business practices. If in case the infringing party ignored such call, the plaintiff may then result in bringing a lawsuit in court to recover suitable damages and compel the defendant to discontinue their illegal practices.

Yet, even though the Unfair Competition Law offers great benefits and remedies for victimized companies, some of them are still having difficulties in pursuing their cases. These scenarios particularly happen if the plaintiffs refuse to appoint a business attorney to handle their cases. Because of this, many of them have lost their cases and their opportunity to recover appropriate damages.

Legal matters and problems necessitate the aid of a legal professional who expertly understand the laws and procedures applicable for a certain legal action. Thus, in pursuing an unfair business competition lawsuit, companies should definitely consult a legal counsel to ensure a favorable court decision.



For more information about Unfair Competition Laws, consult with competent business law attorneys

About the author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

California Labor Laws: Prohibiting Racial Discrimination

by Rainier Policarpio

The Labor Law in the California covers a wide range of topics and statutes that aim to protect the welfare of the employees without displeasing the various rights and privileges of the businesses. These law provisions intend to make a balance between the labor and the business sectors. However, because of the many discriminative acts done by some employers, this balance has yet to be achieved.

One of the discriminative performances of employers that have been causing disputes in the workplaces involves racial prejudice. Although the prevailing labor laws forbid pointing out employees just because they belong to a different race, many companies still make it difficult for some individuals to be treated fairly in various aspects of employment. These include:

• hiring process
• task assignment and workloads
• salaries
• use of company facilities and equipment
• benefits
• promotions
• seminars and skills training
• dispute resolution
• employment termination

Types of Workplace Discrimination
There are two possible ways an employee may be discriminated in his job. These are:

• Disparate Treatment – this pertains to the simple acts of discrimination done by employers. It involves unfair treatment to the employees who belong to different law protected classes such as race, gender, religion, nationality and even age. Usually, this happens when an employer or a fellow worker uses insults or offensive comments or acts, directly or indirectly, to humiliate an employee creating him a hostile work environment that may also affect his job performance.

• Disparate Impact – this pertains to the implementation of company rules and policies, which exclude particular classes regarding job applications, promotions and wage increases. For an instance, a company has implemented a rule limiting a writer position to white Americans. They may be liable for an offense since an individual’s color or race may not considered as an important factor as regards to his ability and skills in writing.

Legal Remedies
The Racial Discrimination Laws guarantees protection to those employees who may have been unlawfully harassed or discharged from their work due to their race distinct from the majority. If they were able to prove a discriminative act of their employers, they will be entitled of the following reimbursements and damages:

• payment for their past and future loss of wages and other benefits
• general damages that may include pain and suffering, emotional anguish and loss of enjoyment
• punitive damages as may be determined by the court
• reimbursement for their attorney’s service fees

Discriminated employees indeed have all the rights given to them by the law. Yet, due to the probable limitations of their knowledge about their rights, it is necessary for them to appoint an experienced labor attorney to handle their cases. This will certainly increase their possibility of obtaining justice and acquiring damages from their misbehaved employers.




Know more about attorney services focused on providing valid information regarding Racial Discrimination Law

About the author
"Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills."

Significant Business Laws you must Know

by carla ballatan

Opening a business, whatever type it would be, involves a lot of risks and considerations on the businessperson's part. If you happen to be a businessperson, your mind would be in a whirl thinking about countless of necessary and even those not-so-important things.

Whether you are planning to launch a large company or just testing the grounds and starting on a small business investment, first, it is expected that your mind is a-buzz with various concerns. On top of all these, must be your consideration of the ways the business laws governing your oncoming investment would affect its operation.

You may be in for a lot of trouble in both financial and legal aspects if you fail to pay immediate and proper attention to the business and corporate laws that would be governing your company. As such, you must be aware of the impact and importance of each law upon your business.

However, it is not necessary for you to undergo a professional education in a business law institution just to understand the significance of federal, state and local laws that would influence your business. You only need the basic ideas concerning small business laws, corporate laws and employment rules and regulations

Meanwhile you can also consult with a lawyer who has impressive length of experience in practicing business and corporate laws for him or her to explain to you the important aspect of the laws and statutes that would largely affect your business.

If you are planning on to hire employees then, it is very necessary that you refine your knowledge about the employment laws concerning regular and contract-based employees. Most lawsuits being served to businesspersons commonly concerns employer and employee differences of opinion.

Here are lists of essential employment business laws that you need to be aware of and meet:

- Civil Rights Act of 1966
- The Equal Employment Opportunity Act
- The Equal Pay Act of 1963
- The Immigration Reform and Control Act of 1986
- Americans with Disabilities Act
- The Age Discrimination in Employment Act
- The Bankruptcy Act
- The Occupational Safety and Health Act
- The Fair Labor Standards Act
- Family Medical Leave Act or FMLA
- Employee Polygraph Protection Act Labor Law

This list is among the most significant laws that you should be aware of. Still, a variety of employment business laws may be enforced by the state governing your company that apply to your business operation, which you must be familiar with, too.

If your business also has international aspects in it, then you must also study the various ways wherein international business law may affect you, as businessperson, your operations and your employees.

At the very least, here are the general international business laws you must be conscious of meeting up:

- specialized import and export laws
- strategic business and employment laws in the foreign country where your business is operating

Meanwhile, concerning the business law scenario at your corporation's home base, here are several things you must be aware of:

- Aside from the international business laws, you are required to meet both the Federal and state business regulations
- Check out if you need a license or permit for conducting business since this can largely affect the operation of your business.
About the author
Be more informed about the significant business laws with the help of California Business Dispute Attorneys services