Business Torts and Unfair Competition

In today’s competitive business environment, preventing unfair competition and protecting proprietary information can be a challenge for businesses. Companies employing improper methods to secure advantages over rivals face potential liability. Butler Snow has a wealth of experience helping clients compete for business and employees, while minimizing exposure to liability. When a business has been damaged by the unlawful acts of a competitor, former employee or other party, our Business Torts and Unfair Competition Group works with clients to recover damages and recapture their position in the marketplace. Our group also defends businesses against competitive claims of wrongful conduct to get a leg up in that same marketplace.

Butler Snow’s attorneys have extensive experience in a wide array of matters relating to the law of business torts and unfair competition including cases involving:

  • Noncompetition, nonsolicitation and nondisclosure agreements
  • Tortious interference with contract/business relations
  • Trade secrets
  • Lanham Act claims
  • Duty of loyalty
  • Fiduciary duties
  • Employee and customer raiding
  • Trade libel/product disparagement
  • Fraud/misrepresentation
  • Duty of good faith and fair dealing
  • Injunctive and equitable relief

This cross-disciplinary team draws on the experience of lawyers from the commercial litigation, labor and employment and intellectual property practice groups, providing a multi-faceted approach to each case. In view of the fact that injunctive relief is often involved in business tort and unfair competition matters, our team is experienced in seeking or defending against requests for injunctive relief on very short notice to protect our clients’ interests.

Butler Snow lawyers regularly represent the interests of various parties, including:

  • National brokerage firms in broker-to-broker litigation
  • Clients with false advertising claims
  • Software companies involved in trade secret and customer poaching litigation
  • Medical product device and technology companies dealing with allegations of trade secret misappropriation and breach of fiduciary duties
  • Companies in which a former employee is in violation of non-competition or non-solicitation agreement and/or misappropriates sensitive information
  • Competitors in a dispute over a customer(s)
  • Businesses dealing with competitors’ disparaging libelous or slanderous statements in advertisements