Unfair Competition Litigation

Unfair competition cases are often costly because of attorneys' fees and potential fines and damages. More importantly, these claims strike at the core of a company's business strategy and demand the attention of key management. To be effective in this challenging and complex area of the law, UC lawyers must combine a deep understanding of their client's business, the substantive laws as well as the litigation and administrative processes through which the laws are enforced.

Frost Brown Todd offers a multidisciplinary and experienced group of lawyers with an extensive practical and substantive knowledge base to thoroughly and efficiently address issues that arise in unfair competition claims.


We routinely advise corporations and entrepreneurs in transactions that potentially raise difficult competitive issues. Our goal is to minimize risk while arming them with the needed flexibility to realize business objectives.

We counsel and represent clients from across the country on all aspects of UC law, from trade secret misappropriation and violations of non-competition and non-solicitation agreements to deceptive advertising claims. Our clients come from every industry, from technology to pharmaceuticals or manufacturing concerns, and their claims involve employees at all levels, including sales, administrative, executive and management personnel. We counsel clients from initial planning and litigation avoidance through emergency injunctions and trials on the merits.

True Business Resources

Although not every unfair competition case is a huge case, they are often larger and more complex than a typical commercial case. It is, therefore, critical to have the resources necessary to defend or prosecute a case correctly, and we have the critical mass of skilled litigators necessary to handle even the largest and most complex cases, including information management, labor and employment, intellectual property and transactional matters:

  • Antitrust
  • Joint ventures
  • Licensing restrictions
  • Marketing and distribution practices
  • Mergers and acquisitions
  • Misuse of intellectual property  
  • Pricing issues

Documentation Matters

Litigation matters tend to be document intensive, and the most successful lawyer is often the one who both aggressively pursues the other side's documents and manages voluminous discovery materials in a cost-effective way. The challenges of the discovery process in complex commercial cases have been magnified by the increasing tendency for documents to be electronic rather than paper.

Frost Brown Todd is at the forefront of legal developments relating to electronic discovery. We have computerized document management systems in place that allow us to meet the high throughput these cases require for document collection, production and analysis, and we provide education for clients to develop, evaluate and improve document management programs to avoid future problems.