myy husband is starting his own business and his old company threatened to sue him with inf only on his email. We have proof on paper that someone set up an account from their office to acces his own hotmail accounr. Thanks
The practical thing to do is buy a domain name (after consulting with a business/IP lawyer about a good choice for a viable and available trademark and domain name) and get a paid and much more secure email address for this new business. Then consult a business/employment lawyer about the terms of the non-compete clause.
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Might work as a countersuit if you are actually sued by the former employer but not sure how productive that strategy would be as a stand alone lawsuit.
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It would depend upon the particular circumstances, but generally, initiating a lawsuit is not inexpensive. There may be reasons to do so, but any decent attorney would need a lot more (nonpublic) detail than you have provided. Depending upon the facts, this may or may not run afoul of criminal laws as well. You really ought to consult with an experienced business attorney. Good luck!