Unfair Competition and Business Tort Claims

The business world is competitive and requires vigilance to protect companies’ assets, employees and other non-tangible assets, such as proprietary information, goodwill and trade secrets. It can be difficult or impossible to control third parties and employees with respect to sensitive information that drives a business.

Some claims are committed against persons and property; others are committed against business relationships and economic interests.

Kurtz Law represents business clients in matters that generally involve unfair competition in the business arena. Businesses should be aware of these types of claims and alert to activity that might constitute one or more of these areas of the law.

Individuals and businesses often resort to practices that can be considered “unfair.” Unfair competition is a broad concept that includes different types of claims, including unfair and deceptive trade practices. These claims also protect consumers from crooked business practices.

An unfair and deceptive trade practice is one in which there is an unfair act or practice which affects commerce. This is a complicated area of the law and can be extremely impactful on a business.

Kurtz Law represents clients regarding the following types of claims:

∙           Unfair competition

∙           Unfair and deceptive trade practices

∙           Fraud/fraudulent misrepresentation

∙           Fraudulent conveyance

∙           Interference with contract

∙           Interference with prospective business advantage

∙           Piercing the corporate veil

Claims like these can arise in the business to business relationship, between businesses and individuals and between employers and employees. Other related claims include matters involving the protection of confidential information and trade secrets that are most prevalent between competing businesses and generally involve employees.

Confidential information is that which is not generally available to the public and is proprietary to the party. Ask yourself: “What information do I have that give me a competitive advantage?”

If you have this type of information, it should be protected to the best of your businesses’ ability. Non-disclosure, confidentiality, non-solicitation, non-competition, forfeiture and similar type clauses should be put into place at the start of the business relationship.

Kurtz Law can assist with preparing contract provisions that protect this information between competing businesses and employers and their employees. Contact the law firm for a consultation.


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