William Markham has litigated many business disputes since he began practicing law in 1988. He has often obtained successful results, which he attributes to his overall approach to litigation. He has a thorough understanding of contract law, corporation law, and business torts.[1]Some business torts are codified under federal or state law (e.g., patent infringement, trademark infringement, product counterfeiting, false advertising, and misappropriation of trade secrets). … Continue reading
Early in his career, Mr. Markham litigated and tried all manner of contract claims as well as various business torts, and he occasionally litigated claims for securities fraud under the principal federal and California anti-fraud statutes.[2]See 15 U.S.C. § 78j(b) (codifies Securities Exchange Act § 10(b); 17 C.F.R. § 240.10b-5 (promulgates SEC Rule 10b-5); see also California Corporations Code § 25401 et seq.He has also litigated substantial claims for false advertising and trademark infringement under the Lanham Act. He continues to accept these kinds of cases from time to time and remains well-versed in these topics, having learned about them much earlier in his career.
Of note, Mr. Markham’s antitrust work improves his ability to litigate other kinds of complex commercial litigation: to perform his antitrust work, he closely follows business and economic trends in various industries in which he has litigated major antitrust claims, and he has learned all about classical economic theory and the essential precepts of modern industrial organization. This ongoing learning experience has been fascinating, and it has also been very useful not only in Mr. Markham’s antitrust matters, but also in complex business litigation and even when analyzing disputes in smaller cases.
Elsewhere on this site you can read more about our experience handling the following kinds of business litigation: trademark infringement and related offenses, false advertising, securities fraud, RICO claims, and insurance disputes.
References
| ↑1 | Some business torts are codified under federal or state law (e.g., patent infringement, trademark infringement, product counterfeiting, false advertising, and misappropriation of trade secrets). Other business torts are established and governed by common-law doctrines, which are the same or similar in every state. These common-law torts include trade libel/commercial defamation; breach of fiduciary duty; self-dealing; fraud (intentional misrepresentation, negligent misrepresentation, fraudulent concealment, or false promise); and interference with existing contracts or future commercial dealings. |
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| ↑2 | See 15 U.S.C. § 78j(b) (codifies Securities Exchange Act § 10(b); 17 C.F.R. § 240.10b-5 (promulgates SEC Rule 10b-5); see also California Corporations Code § 25401 et seq. |