Leveraging Writs of Attachment in Business Litigation

Financial challenges are a constant in the business world. They become particularly evident when customers who have borrowed money default on their repayments. Financial institutions, however, have a powerful legal tool at their disposal to address this problem—the writ of attachment. California Code of Civil Procedure 483.010 allows commercial lenders to establish a judicial lien on a debtor’s assets in California at the start of a legal proceeding. The purpose is to preserve assets to ensure they are available for collection after the litigation concludes in favor of the lender.

Determining Eligibility 

The initial step in pursuing a writ of attachment is establishing whether the lender’s claim qualifies. There are four requirements. (1) The claim must be monetary, arising from an express or implied contract. (2) The amount must be $500 or more, excluding additional costs, interest, and attorney fees. (3) The claim is unsecured or only secured by personal property. This includes fixtures and is commercial. (4) The claim against an individual must be related to their trade, business, or profession.

Identifying Attachable Assets

Once eligibility is confirmed, lenders must identify which assets can be attached. These assets must also be located within California. The procedure varies depending on whether the debtor is a business entity or an individual. For business debtors, precisely identifying assets at the application stage is not required. However, the lender must provide detailed information to the Marshal or Sheriff after they have been attached. However, the process is stricter for individuals who have debts. The lender must identify specific non-exempt properties eligible for attachment during the application stage.

Preparing for the Attachment Hearing

The next phase is to prepare the necessary documents and devise a strategy for the attachment hearing. This includes assembling paperwork and deciding whether to seek immediate relief through a prehearing application or to schedule a standard hearing. When your attorney asks for immediate relief, the lender must demonstrate substantial harm if the attachment or a temporary protective order is not issued promptly. The lender carries the burden of proof at the attachment hearing, needing to satisfy the four key criteria mentioned earlier. 

Navigating the intricacies of a writ of attachment in business litigation demands diligence and strategic planning. The attachment procedure can expedite settlements and secure assets despite the initial costs. It can serve as an effective solution for lenders dealing with defaulting borrowers. Ensuring compliance with the statutory requirements and making informed decisions at each step of the process is crucial.

Foldenauer Law Group

We understand the challenges financial institutions face during business litigation, and we are ready to assist in leveraging writs of attachment to secure your financial interests. With our extensive knowledge and practical experience, we can guide you through the process. Contact us today to schedule a consultation.

Navigating the Aftermath of the Venice Bus Crash: A Guide for Victims and Families

On October 3, 2023, an unfortunate incident involving a tourist bus occurred near Venice, Italy. A bus transporting passengers from France and Spain was involved in a severe crash. It hit a guardrail and overturned. The crash resulted in at least 21 individuals losing their lives and several others sustaining injuries. The event has left the victims and their families navigating emotions, medical decisions, and potential legal matters.

Immediate Actions After a Bus Crash

Confronting the sudden shock of an accident demands immediate action. The priority is to protect your safety and health. Once those needs have been met, you can focus on preserving your claim. In other words, seek immediate medical attention. Some people may focus on maintaining their claim first, but remember that meeting with a medical professional also allows you to have your injuries documented. Regardless of the severity of the injury, thorough medical checks uncover unseen injuries, such as internal bleeding or head trauma.

The following essential steps involve engaging a personal injury lawyer. The path to comprehending your legal rights and exploring possible compensations can be intricate and multifaceted. Having a trusted legal representation is crucial for navigating through this complex path. It ensures that victims or their families understand their available options and rights, such as filing claims and facilitating negotiations. These are prerequisites to securing justified compensation. Additionally, recording every possible detail about the incident, maintaining a structured journal, and diligently collecting evidence —like photographs and medical records—can prove invaluable when constructing a legal case.

Compensation and Legal Considerations

Individuals injured in such catastrophic events often have a series of concerns. This includes medical expenses, loss of wages due to incapacitation, and the mental trauma they endure. Compensation addresses these aspects and can provide a financial buffer during the challenging recovery period. Moreover, payment may also cover property damage incurred during the accident.

Navigating the legal aspects of personal injury cases, especially those involving vehicular incidents like bus crashes, hinges significantly on addressing three core principles: liability (i.e., negligence), causation and damages. Initially, it is essential to establish liability by determining which party or parties are at fault and evaluating the degree of their responsibility in the incident. Following this, an assessment of negligence is conducted to ascertain whether the identified liable party failed to exercise reasonable care, which is expected to ensure the safety of others. Next, causation must be firmly established. It signifies a direct connection between the negligent actions (or lack thereof) of the wrongdoer and the injuries sustained. Lastly, there must be sufficient damages to warrant making a claim. These foundational legal concepts are the bedrock upon which a personal injury case is built and how compensation may be determined and awarded.

Foldenauer Law Group

Foldenauer Law Group embraces a culture of earnestly fighting for justice for injury victims. We have an extensive history of actively going to court and trying cases, standing apart in our pursuit of doing what is morally and legally just for our clients. We have an established track record in championing victims’ rights, ensuring they receive the compensation they deserve, especially in more prominent, higher personal injury cases, which precisely aligns with the severe and devastating nature of the Venice bus crash.

In your time of need, following such distressing events, allow Foldenauer Law Group to support and guide you through these legal challenges. We offer a free consultation to discuss, understand, and plan your path to justice and recovery. Your rights, options, and the strategic legal routes available to you will be addressed. We want you to make informed decisions during these trying times. 

Your path to understanding, justice, and compensation begins here. Contact Foldenauer Law Group today to schedule your free consultation.

Personal Injuries, Distracted Driving, & $1 Billion

Every driver carries an unspoken commitment to safely at their destination and ensure the security of others on the road. However, distracted driving has become commonplace with the ever-growing number of things that can capture our attention, most notably mobile phones. Our phones are connected to our cars, watches are connected to our phones, and notifications vie for our attention. Regardless of how common it has become to be distracted, it can lead to irreversible consequences. 

One such example is the tragic story of Connor Dzion from Florida. On his drive home from work, a truck driver who was texting caused an accident that ended a young man’s life. The subsequent lawsuit saw Connor’s parents awarded $100 million in compensatory damages and $900 million in punitive damages. The latter speaks to how seriously the court will take cases rooted in distracted driving. 

Understanding the Severity of Distracted Driving

Distraction while driving isn’t confined to our phones. It’s the momentary decision to adjust the Bluetooth, speak with passengers, or moments when daily concerns eclipse the pressing task of driving. According to the NHTSA, about 9% of all car accidents in the U.S. are caused by distractions. There are about 6 million accidents annually, which result in more than 38,000 fatalities. 

Distracted driving diversifies into three distinct categories. First, there are visual distractions. These entail any actions causing the driver to take their eyes off the road, such as checking a navigation system or looking at scenery. Manual distractions are second. These actions make the driver remove their hands from the steering wheel. This could be for eating or helping your children in the back seat. Lastly, cognitive distractions can be the most elusive yet dangerous. They occur when a driver’s thoughts drift away from the act of driving, such as daydreaming or mentally planning the day’s tasks. These types, each in their way, have the potential to end in catastrophic outcomes.

The Role of a Personal Injury Attorney 

Distracted driving has emerged as a leading cause of road accidents. Personal injury attorneys are crucial when someone is injured by one. But what exactly does a personal injury attorney from Foldenauer Law Group do when confronting cases involving distracted drivers? First, we initiated an in-depth investigation to gather concrete evidence proving that the other driver’s distraction led to the accident. This can include procuring phone records, surveillance footage, and witness statements.

Once the evidence is consolidated, our team will assess the extent of your injuries, medical bills, lost wages, and other damages. By collaborating closely with medical professionals, we ensure that all the injury’s short-term and potential long-term repercussions are duly considered.

Subsequently, Foldenauer Law Group’s attorneys will negotiate assertively with the responsible party’s insurance company. You deserve to receive fair compensation. If negotiations don’t yield satisfactory results, we’re prepared to litigate your case in court.

Foldenauer Law Group: Your Advocate in Personal Injury Cases

Navigating the world of personal injury can be daunting, especially when it arises from distracted driving incidents. At Foldenauer Law Group, our approach sets us apart. We stand as more than just legal representatives. We are steadfast advocates, especially regarding significant personal injury cases. Our genuine commitment to doing what’s right, combined with our readiness to step into the courtroom, ensures that justice isn’t just a concept but a reality for our clients. If you or a loved one has been injured by distracted driving, you deserve to have seasoned professionals. Reach out, schedule a free consultation, and let us fight for you.

Ruckman v. Big N Deep: Personal Injury & Corporate Responsibility

Some cases are stark reminders of how critical corporate responsibility is. As a firm that houses highly experienced trial attorneys working in business law and personal injury, we will point to the Ruckman v. Big N Deep verdict. This case began in Kern County, just north of LA, and impacted how we view negligence and corporate accountability nationally. Though the verdict was massive, this is not just important in terms of monetary terms. It is a testament to the immeasurable pain and suffering that negligence can cause. 

The Depths of Corporate Negligence 

When you peel back the layers of the case, it reveals the enormity of a negligent act. Everything we are about to discuss regarding this case lands is descriptive instead of exploitative. In this case, the victims suffered unprecedented trauma, and protecting innocent victims is one of the reasons Foldenauer Law Group practices personal injury law. With that said, the defendants, in this case, had a lapse of judgment, with operating excavation equipment extending far beyond the scope of an unfortunate accident. This occurred on agricultural land near Houghton and Wible Roads in Kern County. 

The result was an inferno that was caused when Big N Deep Ag Development Co (BND) struck an underground gas line relatively close to the surface. An employee of BND was operating equipment on the section above of land when they came into contact with this underground, high-pressure, natural gas line, referred to as Pipeline 300A. The victims were not part of Big N Deep. They lived on a piece of property nearby that caught fire due to the excavation. 

The consequences were devastating. One victim had burns over 80% of her body and faced multiple surgeries. There was also an infant involved, which is beyond horrendous, who was left with severe burns. A third victim suffered from burns to her arms and legs. 

The Broader Implications 

BND was a subcontractor Ag-Wise Enterprises, Inc hired. As part of the claim, it was alleged that Ag-Wise hired BND even though BND had hit a gas line on a previous job. Not only was the gas line only a few feet below the surface, but the permit that BND had obtained from Pacific Gas and Electric Company (PG&E) had allegedly expired. These people had a duty of care to the ultimate victims in this case, and a series of catastrophic errors in judgment changed the lives of innocent victims. 

The jury awarded $73.6 million to the injured parties, and it was a call to action for prioritization of safety and corporate accountability. It’s welfare over profit. For those who have been on the receiving end of such negligence, this verdict is a powerful reminder that large organizations can be held accountable. People should see this and recognize that they have inherent rights and that there are appropriate avenues to seek justice. 

More Than a Firm
We are advocates for those who have been injured. The legal process in a personal injury case can seem overwhelming, but justice can be found when you align with the right people. If you have been wronged due to someone’s negligence or oversight, remember that you have people willing to fight for you. Share your story with us, and we can explore your best option. It’s not about transactions; it’s about understanding and empathy. Reach out and schedule a free case evaluation with Foldenauer Law Group.

Defective Products, Abbott Laboratories, & $5.7 Billion

Defective products significantly threaten public safety, leading to numerous injuries throughout California each year. Foldenauer Law Group, we have witnessed the devastating impact such incidents can have on individuals and their families. Although we will dive into the specific situation surrounding Abbott Laboratories and Similac formula in a moment, we want to stress the importance of understanding what options are available for legal recourse when you are a victim of a defective product. It is a means of holding manufacturers accountable while allowing attorneys like us to advocate for consumer safety. 

The Consequences of Defective Products

The consequences of using a defective product can be severe or potentially fatal. A defective product may result from an ineffective design, a manufacturing issue, or a company’s failure to issue an appropriate warning about using the product safely. To better understand how and why this can happen, look at the story of Abbott Laboratories. It centers on contaminated Similac (baby) formula and speaks to the risks of using defective products. 

In 2022, it was discovered that several lots of Similar formula products were contaminated with the bacteria Cronobacter sakazakii. The significance of which should not be overlooked. It is a dangerous form of bacteria that can lead to severe illnesses such as sepsis, meningitis, and necrotizing enterocolitis (NEC), a life-threatening bowel infection. Tragically, four infants who consumed the formula became sick, and one passed away. 

Warnings & Manufacturing Errors

Similac covers a wide range of infant formula products that provide nutrition to full and preterm infants. Although you could purchase some of these products in stores, some were only available in hospitals. Similac was manufactured and sold by Abbott Laboratories Inc, and they were aware of evidence that showed a link between Similac and increased rates of NEC in premature infants.

The lawsuits against Abbott Laboratories directly resulted from their failure to warn people about the known risks they discovered with their product. Why did they forego their legal obligation to include any sort of warning? People have written about this at length, and there is speculation that the decision was made due to their competition with another formula named Enfamil. The negative consequences of issuing a warning outweighed their legal obligation to the public that used and consumed their products. 

The Aftermath 

The families impacted by this defective product filed lawsuits against Abbott Laboratories. Because of this, they reached a monumental settlement of $5.7 billion, one of the largest settlements in a product liability case. In addition to the compensation the impacted families received, the settlement included provisions for contributing money for research about Cronobacter sakazakii and NEC to prevent similar incidents in the future. 

Foldenauer Law Group

Consumers have the right to demand accountability from manufacturers, and defective product lawsuits are means to hold them to it. Foldenauer Law Group remains dedicated to advocating for the rights of consumers and personal injury victims to ensure their safety continues to be prioritized for all manufacturers. If you have been harmed because of a defective product, call our office at (619) 564-8877 to set up your free consultation.

The $7.8 Million Slip-and-Fall Verdict Against Burger King Shows The Seriousness Of Slip & Falls

Although slip and fall cases may indicate minor accidents, they can result in severe injuries and extensive medical expenses, leading to long-term physical and emotional consequences. To elaborate on this, we will discuss a lawsuit against Seven Restaurants, an owner of a Burger King franchise, where the plaintiff suffered significant injuries. After explaining what happened in this case, we will discuss how serious a slip-and-fall case can be and why you should think twice about hiring a personal injury mill (i.e., intake specialist and case manager) over a real lawyer. 

Don’t Rush to Judgment 

Here’s the elephant in the room: People may jump to conclusions when they hear about someone suing over a slip-and-fall case. They tarnish the victim by claiming they are trying to take large sums of money over a minor incident, or they talk about how a victim is using the legal system for self-serving reasons. You may have done this yourself. Think about how the media, Seinfeld, and the general public treated the woman who spilled coffee on herself at McDonald’s. It was a complete sham, right? The victim was a 79-year-old woman with third-degree burns, which are the most severe, that covered 16% of her body. 

Not only did McDonald’s require their employees to serve coffee between 180 and 190 degrees (which causes third-degree burns in three to seven seconds), but they had over 700 reports of previous injuries—and some of these had already resulted in settlements. 

Granted, this blog is about a case involving Burger King, but we opened with the story about McDonald’s because we want you to be open to how serious these injuries can be. There’s more to a story than a headline; in many cases, it is a regular person who has been injured.

One of the Largest Slip-and-Fall Verdicts in Florida’s History

Money talks, and it did in the case against Burger King. Richard Tulecki, who was 48, slipped on a “wet foreign substance” in a Burger King bathroom. He was awarded $7.81 million in damages. (He only received $7.68 after the insurance company was compensated for the money they spent on his medical bills. He also received $3.35 million in lost earnings, which was included in the settlement amount.) 

Remember, don’t judge a case by the headline. How can someone fall and get seven million dollars? Although the verdict wasn’t given until May 2023, this accident happened in 2019. The victim in this case, Richard Tulecki, suffered lower back injuries that required surgery. The surgery then resulted in a “postoperative perforated colon.” Like many people who suffer personal injuries, he was left unable to work while living under the high cost of his medical bills and other financial obligations. 

An Intake Specialist Didn’t Win Seven Million 

When you work with an experienced personal injury attorney, they will investigate, gather evidence, and document the conditions that led to your injury. Armed with experience, they will begin negotiating to secure a fair settlement based on the extent of your injuries, lost wages, pain and suffering, and other damages resulting from the accident. When we feel the settlement is less than what you deserve, we advocate for you at trial to maximize your chances of a favorable outcome. 

Though we have discussed this in the past, personal injury mills don’t operate this way. Unlike other personal attorneys, they will often forgo investigating. They will likely utilize a  predetermined formula to evaluate the strength of your case. We titled this section the way we did because when you work with PI mills, you won’t get to speak to an attorney. You will work with an “intake specialist” who cannot offer legal advice. In some cases, the longer the case takes, the more money they will withhold from your settlements, which could be as high as 50%, or more, plus costs. 

Let Us Fight For You

Foldenauer Law Group houses trial attorneys; we are very upfront about that. Your needs determine our actions. If we have to go to court to obtain it, then that is what we will do; it’s what you deserve. If you have been injured, give us a call, and let’s discuss it. Your initial consultation is free because we want you to ensure we are the right fit for your case. Call us at (619) 564-8877 to get started.

What does our AV Rating mean for our clients?

The Martindale-Hubbell AV Preeminent rating is the highest possible rating for an attorney for both ethical standards and legal ability. This rating represents the pinnacle of professional excellence. It is achieved only after an attorney has been reviewed and recommended by their peers – members of the bar and the judiciary.

Only attorneys who consistently demonstrate extraordinary legal ability and the highest ethical standards receive an AV Preeminent rating. This is an elite group, with only an estimated 5 percent of all attorneys receiving such recognition.

For our clients, and those searching for a high level of legal representation, a Martindale-Hubbell Peer Review Rating of AV Preeminent differentiates attorneys as being on a level apart from their peers in the areas of professional excellence and credibility.

In an environment where the market for legal services is highly competitive, the Martindale-Hubbell Peer Review Rating can be a vital tool for evaluating an attorney or legal firm before contracting their services. Such a privileged designation assures the client that they are choosing a legal advocate who has been rated highly by professionals who themselves possess the unique knowledge to do so—other attorneys.

Innovative Legal Tactics & Piercing The Corporate Veil

When attorneys or other professionals talk about piercing the corporate veil, they refer to a legal concept enabling a court to separate the legal entity from the individual. The purpose is to hold shareholders or members personally liable for the entity’s bad acts. Our motive for bringing this up is that we recently had a successful trial verdict where we sued the insolvent corporation that caused our client harm, and also named the sole shareholder of the corporation who was attempting to shield himself from liability behind the corporate veil. After the evidence was in, we convinced the court that the individual shareholder was legally responsible for the corporation’s debt. Judgment was entered against both the corporation and its owner – even though our client had only contracted and done business with the corporation.

Though many people will never have to engage in litigation with a corporation, there are several common instances where you would have to pierce the corporate veil to receive compensation. Consider the person who invests in a small company that, in reality, is a disguised Ponzi scheme. What happens when the company ultimately fails and is unable to repay its investors or satisfy a judgment? Or consider the case where an individual loans his or her hard earned money to a corporation in exchange for an unsecured promissory note. A lawsuit against the corporation with no assets will likely result in worthless judgment.

Piercing the Corporate Veil (aka Alter Ego Doctrine)

In California, two elements must be present before you or your attorney can pierce the corporate veil to hold someone financially liable for the debts of a corporation or limited liability company. 

1.         Unity of Interest.  There must be such a unity of interest and ownership between the corporation and its equitable owner(s) that the separate personalities of the corporation and its shareholders do not truly exist.

2.         Inequitable Result. There must be an inequitable result if the acts in question are treated as those of the corporation alone, or as more clearly in Robbins v. Blecher (1997) 52 Cal. App. 4th 886, the failure to disregard the corporate entity would sanction a fraud or promote injustice. See, Automotriz etc. De California v. Resnick (1957) 47 Cal. 2d 792, 796; Sonora Diamond Corp. v. Superior Court (2000) 83 Cal. App.4th 523, 539.

During our early work up of a case and later during our presentation at trial, we focus on the factors enumerated in Arnold v Browne (1972) 27 Cal App 3d 386, where the court set forth a thorough list. We ask whether there was commingling of funds and assets, or a failure to segregate funds. We ask whether there was diversion of funds or assets, or whether the shareholders treated the corporate assets as their own, failed to maintain minutes, disregarded legal formalities, or the entity was under-capitalized from the outset. The key from a litigator’s perspective is to conduct thorough discovery from the outset and establish as many factors as possible. We frame the case as a serious matter of shareholder liability from the outset – including voir dire, opening statements, witness examinations and closing arguments. We develop special jury instructions and verdict forms to lock down shareholder liability. The idea at trial is to convince the jury from the outset that the individuals behind the corporate walls must be held accountable for their bad acts. 

This is an extremely rewarding area for us. It provides our clients an ability to recover in bad situations where they may otherwise suffer terrible financial losses.

Foldenauer Law Group
As trial attorneys, we have had direct experience piercing the corporate veil to assist a wronged client. Though courts may require strong evidence of misconduct or abuse before disregarding the corporate entity, it can be done—and we have done it. To continue this conversation with us, call (619) 564-8877 or schedule a free consultation contact Foldenauer Law Group.

Professional Negligence Extends Beyond Medical Malpractice

Foldenauer Law Group is a team of experienced trial attorneys helping people involved in business and professional negligence disputes or suffering injuries caused by another’s negligence. When people hear the term “professional negligence,” they often associate it with medical malpractice. However, in California, professional negligence can arise from negligent or wrongful actions not only by doctors and medical professionals, but also attorneys, architects, engineers, accountants, and other professionals. 

Breaking Down Professional Negligence

Professional negligence occurs when any professional, including the ones highlighted above, fail to perform their duties with the level of skill, care, and diligence expected of them. Ultimately, this failure results in quantifiable harm to their client or patient. Though we will outline some examples in a moment, you can be affected financially, physically, or both, depending on the specifics of your case. Depending on the harm you have endured, you may need to contact an experienced business litigation attorney instead of a personal injury one. They can help you understand your legal rights while explaining your options for seeking compensation or redress.

To better understand how professional negligence can be a root cause for various cases, look at the following examples. These are specific situations where reaching out to an experienced attorney is strongly advisable.

  • A person receives substandard medical care from a doctor, nurse, or other healthcare provider and suffers harm. They could sustain additional injuries, medical bills, and be unable to work. They seek compensation to provide for themselves and their families before they return to work. There may be scenarios where a person is left incapable of returning to their previous line of work due to their injuries. 
  • Although our law firm prides itself in being your most loyal and dependable ally during a time when you need the most, professional negligence can apply to the legal community. Consider the person whose lawyer fails to provide them with competent legal representation, resulting in harm or loss.
  • Accountants or financial advisors could provide their clients with inaccurate or misleading information, which could have a significant financial impact.
  • A contractor or engineer fails to meet the appropriate standards of care, causing damage to your property and putting your safety in jeopardy.


The Importance of Reasonable Care

The result doesn’t always determine whether there was professional negligence. If a financial advisor provided you with detrimental advice, you cannot automatically assume negligence. Regardless of the field, the professional must adhere to the standard that other professionals would hold in a similar situation. In other words, how would other doctors, financial advisors, or lawyers act had they been given a chance? Here are some other factors to consider.

  • Could the professional have foreseen that their actions or advice would cause you harm?
  • Could they have taken another form of action or advised you differently?
  • If there was another course of action to take, why wasn’t it taken? 
  • Was the professional aware (or should have been) of other viable options? 

If you have suffered harm due to the actions of a professional, you should consult with an attorney who is experienced in handling professional negligence cases. We can help you determine if you have a valid claim, or point you in the right direction towards recovery. Contact us to schedule your free consultation.

When Someone Misuses Your Intellectual Property

Never underestimate the power of intellectual property (IP)  because it is a key component of our economy. Though it fluctuates by year, the United States is responsible for one of every five technological innovations worldwide. The United States Patent and Trademark Office (USPTO) stated the following in a press release in March of 2022:

“The latest report found that in 2019, 127 IP-intensive industries in sectors such as manufacturing; wholesale and retail trade; and professional, technical, management, and administrative services accounted for $7.8 trillion in U.S. gross domestic product (GDP) or 41% of total GDP.”

We highlight that intellectual property generates millions of jobs because intangible assets create tangible results. You can protect and defend your IP because doing so is critical to our economy. 

How Can I Protect It?

When discussing intellectual property, it is important to identify the four ways to protect it. This is achieved through trademarks, copyrights, patents, and trade secrets. Consider a bakery that has a unique name and logo (trademark), that developed a new method for baking doughnuts (patent), and produces its menu designs and marketing materials (copyrights). Only the owners know the recipes; that would be an example of a trade secret. Should the bakery discover that someone else is selling similar products under a name that mimics their own, they need to contact a business law attorney with intellectual property experience. 

The first step is to ensure that you have taken the proper steps to protect your IP. Though this seems obvious, it determines whether you have the right to stop another business from using your IP. Imagine that the bakery from the previously-mentioned example learns that their former employee opened a competing bakery and is using their recipes. Whereas litigation can become necessary and unavoidable, it isn’t the first and only response. The bakery’s attorney could draft a cease and desist letter explaining what they are doing (using protected recipes), why they should stop (the recipes are trade secrets), and the end result—i.e., the bakery stops producing products based on a stolen recipe. 

How Can I Recover Losses?

Although the bakery’s attorney could get an injunction in court, there are situations where that is not enough. For instance, peer-to-peer music-sharing services such as Napster and LimeWire had a significant financial impact on the industry. The Recording Industry Association of America (RIAA) obtained a $105 million settlement because of it. Your attorney can fight to ensure you are paid for your losses (which could include the money you were forced to spend on legal help), and you may be entitled to a portion of the infringer’s profits because they were generated on your IP. 

Get In Touch with Experienced Litigators 

Get in touch with Foldenauer Law Group, APLC, and let us know when you discover that someone is misusing your intellectual property. We understand and appreciate your intellectual property’s value and will take appropriate and aggressive action to protect your rights. Call us at (619) 564-8877 to schedule a free consultation.