Unfair Competition and Intellectual Property Settlement After Trial
November 2008 — A Canadian-based food products company compromises claims that it suffered damages from the alleged misappropriation of trade secrets by a former executive after several days of trial in the Superior Court of New Jersey, Monmouth County, in exchange for an agreement not to compete and a nominal settlement payment. McDaniel Law represented the defendant former executive.
October 2008 — A New York City distributor who purchased jewelry at wholesale alleged to be counterfeit negotiates a consent decree to refrain from distributing items claimed by Plaintiff Chanel to incorporate its trademarks. Defendant further agrees to participate in investigation of importer. McDaniel Law represented the distributor.
Oppressed Shareholder Appeal
April 2008 – The Appellate Division of the Supreme Court of New York, First Department, reversed the trial court’s granting of a final order of dissolution in Osborne v. Jones. Jones appealed the granting of a final order of dissolution in New York County trial court on default. The Appellate Division reversed, finding that Jones’ prior counsel had not willfully failed to appear at hearing and that Jones had meritorious defenses. McDaniel Law, which had substituted into the action, represented Jones on the appeal.
Intellectual Property Settlement
April 2008 – A Canadian software development company accepts a license agreement of travel portal application designed for a New York web operator in compromise of a suit arising from disputed claims of non-payment for work previously developed. The agreement provides for the transfer of certain databases and java coding and permits further sublicensing of the software. McDaniel Law represented the software developer.