Independent contractors in the niche polybutylene replacement plumbing industry terminated their relationship with a national corporation to set off on their own. After quickly grabbing an approximately 20% market share in the Washington Metropolitan area, the client and its principals were set upon by the larger company, which seemed intent on using its resources to destroy the smaller company.

Its weapon? The federal Copyright Act. In relying on the advice of its previous counsel, the client had unwittingly infringed upon the attacker’s common law copyrights in a form, customer contract. The client had used this contract on virtually every job for the first two years of its existence. The plaintiff filed a copyright infringement suit in federal court, seeking every penny of profit earned from the use of the customer contract, and other damages for tortuous interference with contract unfair competition, common law and statutory conspiracy, and breach of contract.
 

McCandlish & Lillard Rejects Rate Increases

The Board of Directors of McCandlish & Lillard, at its December 2008 meeting, decided to defer indefinitely all rate increases by principals and senior attorneys of the firm.  “In view of the economy and the financial battles that many of our clients are facing,” said firm President Peyton Mahaffey, “we felt that this was an appropriate gesture of appreciation to our current and future clients.”

Doug Sanderson Attends Full Mediation Training

In December, 2008 Doug Sanderson, a principal in the Firm, practicing in the Individual Services Group and in the Real Estate Group, enhanced his skills relating to mediation in general and collaborative divorce in particular by participating in a thirty-hour, four day, continuing legal education seminar entitled “Conflict Resolution and Mediation Skills Training for Collaborative Professionals,” taught in Falls Church and Arlington, Virginia.