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Defenses to Identity Theft

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/08/31 at 09:54am

Identity theft — otherwise known as false personation, or identity fraud — is a serious crime that may be charged as either a misdemeanor or a felony, depending on the criminal record of the defendant, the amount of money “stolen” using the false identity, and various other circumstances. Millions of identity theft instances occur every year in the United States.  Given the severity of the issue, the IRS and other government authorities have increasingly been investigating potential instances of identity theft. If you’ve been charged with identity theft, it’s possible that your actions have been unfairly mischaracterized.  There are a […]

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Tortious Interference With a Business Contract

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/08/24 at 09:50am

No matter the jurisdiction, when businesses — sophisticated or not — execute contracts, the potential for tortious interference by a third-party is not often anticipated by those engaged in the present contract.  Tortious interference can have a significant impact on the businesses involved, however, and may give rise to actionable claims for damages, to cover the losses caused by such interference. Basic Elements of a Tortious Interference Claim Tortious interference claims essentially involve the intentional disruption of a business contract by a third-party. For example, suppose that you enter into a contract with another party for the purchase of goods.  […]

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Businesses Have a Right to Protect Their Trade Secrets

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/08/17 at 09:47am

Depending on the nature of the business and the information being protected, trade secrets may form a substantial portion of an intellectual property portfolio, and thus a substantial portion of the total value of a given business.  As such, potential trade secret infringement may have enormous consequences for the continued health of a business.  Fortunately, those whose trade secrets have been infringed (through misappropriation) may bring an action against the liable defendant. Legitimate trade secrets are protected by law against unlawful infringement.  Infringement — in the trade secret context, known as misappropriation — can be rather complicated to understand. Let’s […]

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Challenging Gag Orders in White Collar Cases

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/08/10 at 09:36am

In the white collar criminal defense context, defendants may benefit substantially from being able to speak to the media about their case.  Criminal charges — particularly those that involve high-stakes white collar criminal activity — often draw significant attention, and as such, the public is likely to speculate about the guilt of the parties involved before trial even begins. Gag orders are judicial rulings that prevent public disclosure relating to information on a particular case.  Gag orders are generally intended to protect the defendant, witnesses, or other parties in a criminal prosecution.  For example, a gag order preventing anyone involved […]

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