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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our company is putting together a seller's memo to do some

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Our company is putting together a seller's memo to do some fundraising. We're putting together our risk factors section. We do not have any pending litigation, but are thinking about filing something against a competitor regarding intellectual property. Do we need to disclose that in the risk factors?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have a potential litigation claim as a plaintiff that you would be able to bring against someone else, as that is going to impact the status of the company with attorney's fees and actually potential income from the judgment, you need to disclose that you have no litigation pending at this time but are evaluating a potential claim you have to bring against a defendant for intellectual property infringement but no such action has been decided upon at the time of your filing.
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