Business Torts

“Tort” is the legal term meaning injury. Normally the term tort is used in the context of personal injury. However, the law recognizes economic injuries to businesses. In today’s economy, much of the value of any business lies in its reputation, relationships, intellectual property, trade secrets, and knowledge resources. A business tort is an injury to these assets. If your business has been injured by the actions of another, you may have business tort claim. It’s in your best interests to talk to a commercial litigation attorney in New York before taking any further action.

Examples of actionable business torts include:

• Trade disparagement
• Tortious interference with contract
• Misrepresentation, including negligent misrepresentation
• Invasion of privacy
• Malicious prosecution
• Interference with employment relationships
• Nuisance
• Fraud

Two common examples of business torts are trade disparagement and tortious interference with contract:

Trade Disparagement

Just as the law protects individuals from false and harmful statements by libel and slander laws, the State of New York protects businesses from such statements. Trade disparagement includes harmful statements about the products and services of a business, as well as infringement of trademark.

For example, if a competitor falsely publishes that your fees are excessive, or that you are on the verge of bankruptcy – this type of information harms your business’s reputation in the eyes of your customer and your business partners. The result is an economic injury in terms of lost sales and lost opportunities to do business.

If a competitor uses your trade name or logo is association with product you didn’t make or service you don’t provide. This is an example of trademark infringement. This also hurts the reputation of your business.

Your business insulted by a competitor? Time to file a complaint

Known as trade disparagement or commercial disparagement, these laws cover situations where another party: 1) makes a false statement, 2) this statement is published, and 3) this results in financial loss to your business.

Whether you’re a plaintiff or defendant in a trade disparagement case, our attorneys can help. Our attorneys have the knowledge and experience to pursue and defend against claims.

Tortious Interference with Contract

A contract is normally an exchange of promises between two parties. Occasionally a third party may try to interfere with this contract. For example, a seller and buyer may have an exclusive agreement. If another seller enters the picture and encourages the buyer to breach the contract in order to do business with the seller, this would be tortious interference with contract. The laws of New York do not permit such injurious behavior. This is an injury to business.

Interfering with a prospective economic advantage falls within the category of tortious interference with contract. An example is a competitor who files a frivolous civil action to interfere with potential opportunities. Yet another form is tortious interference with business.

If you are facing a business tort, let our attorneys help you resolve this economic injury. We work around the clock. Call us today.