PLEASE NOTE: To protect our safety as well as the safety of our clients with respect to the threats of COVID-19, our attorneys are currently working remotely. We are, however, responding to website inquiries and offering the ability to confer with us via telephone, email, and video conferencing. Please call our office to discuss your options and/or send us an email through the website inquiry form, and we will respond as soon as reasonably possible.

Unfair competition alleged in legal battle of fertility clinics

| Apr 25, 2019 | Commercial Disputes |

Disputes can arise in any category of business in New York. Since there are so many kinds of businesses serving any need that New Yorkers have, there is fertile ground for allegations of unfair competition, accusations of intellectual property theft, and more. Regardless of the type of work a person does, it is difficult enough to start a business without worrying about another startup trying to piggyback or outright steal what was created. What makes this even more painful is if it was someone who once worked with the original business. When these issues arise, it is imperative to have legal advice from a qualified business law firm.

A doctor who runs a fertility clinic is claiming that a former associate opened a clinic of his own. The doctor, who had gained notoriety by using three parents to create a single embryo, alleges that a prior employee and supposed protégé opened his own clinic. This was done after there was an apparent agreement between the parties that the protégé would not open his own clinic for at least six months and when he did, it was supposed to have been a minimum of five miles from the first doctor’s two locations in Manhattan.

However, the protégé went public on social media saying that the first doctor was not appreciative of his contributions. The implication was that he was fired instead of departing on his own. The new clinic was allegedly set up prior to his resignation and he took more than 10 patients from his former boss. A lawsuit has been filed for unfair competition, defamation and more. The first doctor wants more than $6 million in damages.

Business agreements can be complicated especially when it involves people who worked closely with one another and the person who was supposed to have been the underling learning the business decides to go off on his or her own and essentially copies the original business. On the other side of the coin, people will want to plant their own flag and start a business without needing to answer to anyone. This can be the foundation for a dispute as to who said what and what the agreement was regarding competition. Having legal assistance when dealing with commercial disputes from either perspective is critical not just in a court case, but for the health of the business. Calling for a consultation is key.