Constructive Trusts In Connecticut For Fraud and Unjust Enrichment

In business litigation in Connecticut, attorneys many times seek to impose a constructive trust over assets or income connected to wrong doing, breach of fiduciary duty, or fraud by business partners or agents.  In a decision to be officially released on November 23, 2010, the Appellate Court upheld a trial court’s  imposition of a constructive trust over […]

Computer Fraud and Abuse Act In Connecticut

Previously, I have posted about non-compete agreements and the duty of loyalty for employees.  Many times, businesses do not have written contracts to protect confidential and proprietary information from not only competitors and vendors, but also their own employees.  Without a contract, the common law of Connecticut concerning breach of fiduciary duty is one of […]

Breach of Fiduciary Duty In Connecticut

Here is a quick summary of another of the so called "business torts" in Connecticut known as breach of fiduciary duty.  A fiduciary duty can arise in a number of contexts in business including relationships with partners, lawyers, accountants, trustees, investment advisers, brokers and employees.  When one party in a relationship is a fiduciary, it […]

Do You Need A Contract To Stop A Former Employee From Competing?

The short answer is yes, a business does need a contract, also known as a "non-compete agreement," to prevent a former employee from fairly competing in business once the employee resigns.  Even with a written agreement, there are limitations on non-compete agreements because they are viewed as a restraint of trade.  To be enforceable, the restrictions in the […]

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