By: Paul A. Lange, Esq.
In the first three articles of this series, we discussed some of the more common grant assurances that are disputed. Our fourth article took a different direction, namely how to begin preparing for litigation or settlement discussions in advance of commencing litigation. The place to start is ensuring that your own house is in order, hence the tag line “People who live in glass houses…”
Since our last article discussed ensuring that your own house is in order – your defensive strategy – this article will help you plan your offensive strategy. How do you go about determining whether the competitive harm that you are suffering is actionable? You start by gathering and organizing the evidence against those who are causing you harm.