The law allows a business to recover damages for harm done to its reputation, client relationships, competitive edge and actual losses. Claims may be based upon a variety of theories, including fraudulent misrepresentation, trade secret misappropriation, tortious interference, restraint of trade and unfair competition.
Schneider Wallace Cottrell Konecky Wotkyns LLP is a national business litigation law firm founded in 1993. Our lawyers meticulously analyze our cases for strategies and approaches that maximize recovery. We often bring claims under several theories grounded in contract, tort, employment law and intellectual property law in the state and federal courts.
The opposing party may be held liable for inducing a business to take action based upon inaccurate, false or undisclosed material information.
Trade Secret Misappropriation
Trade secrets give a business its competitive advantage. A business tort claim may arise when a former employee shares the design, ingredients, formula, instrument, pattern, customer list, process or method with a competitor. The information cannot be made secret once disclosed, but our lawyers can demand an injunction blocking its use and damages related to the disclosure to reduce harm to the company.
While normal competition is important to our economy, there are rules governing the ways in which companies compete. Schneider Wallace Cottrell Konecky Wotkyns LLP represents companies when their competitors cross the line into tortious interference with their contracts.
Restraint of Trade
Capitalism is rooted in competition. A business that engages in conduct that restrains competition may be held liable for damages caused to its competitors. Antitrust violations, such as illegal monopolization, price fixing, price discrimination, bid rigging and product tying, are generally considered a restraint of trade.
A business may have a claim of unfair competition when a competitor uses deceptive means to confuse consumers or when a competitor unlawfully damages the reputation of the business. An unfair competition action may overlap with trade secret misappropriation, trademark infringement or trade libel.
Breach of Fiduciary Duty
A fiduciary is obligated, to act in the best interests of the company and its stockholders and to avoid conflicts of interests. Actions that breach these important legal fiduciary duties may result in a business tort claim.
Learn More About Bringing a Business Tort Claim
Learn more about the options for recovering damages from a business competitor that acted unlawfully. The business tort law attorneys at Schneider Wallace are available to meet with business clients at our Houston, San Francisco Bay Area or Scottsdale offices.