Lawsuits against businesses by consumers and other businesses in Los Angeles occur often. Many of these include a legal claim called the business tort.
The business torts lawyers at Stone & Sallus LLP know how to file business torts lawsuits and how to defend against them. Our business attorneys have earned the respect and a five star reputation qualifying us to represent tort cases in the Los Angeles area.
What are Business Torts and why do they happen?
Business torts occur when wrongful conduct by a person or business causes financial harm to another business. An example may include a competitor breaking the law to gain an unfair advantage causing severe harm to yourself or your business. Loss of business opportunities and profits establish damages against the offender.
Stone & Sallus attorneys know the laws about business torts in California and the remedies available for victims. Our Los Angeles business torts attorneys will seek relief for clients victimized by wrongful acts. These include:
Fraud
Where a person or business defrauds a business and illegally takes assets. Financial gain motivates acts of business fraud known as “white collar” offenses. Embezzlement and theft of business funds consist of most business fraud torts.
Conversion
Under California law, conversion means taking or interfering with the possession of another’s property without permission.
Also, conversion applies to destroying business property, failing to deliver funds or property, or refusing to record the title after the sale. Types of business property include vehicles, supplies, financial instruments, and equipment.
Breach of trust or breach of fiduciary duty
California defines a fiduciary duty as an obligation to act in a business’s best interests.
Breach occurs when a business partner, trustee, joint venture, advisor, administrator, or another party who owes you a fiduciary duty violates that trust.
Breach of contract
A breach of contact is when one party disregards the terms of a contract causing financial harm to the other party. California laws enforce promises made in a legal contract.
Tortious interference
When another business interferes with your business or contractual relationships causing economic damage. This tort includes intentional or negligent acts causing economic interference with your business.
California laws allow three types of tortious interference:
- Intentional interference with a contractual relation; or
- A prospective economic advantage; and
- Negligent interference with an economic relationship..
Unfair and deceptive trade practices
The California Unfair Practices Act prohibits acts constituting unfair competition against other businesses.
These include disinformation, false claims, false advertising, bait and switch tactics, deceptive pricing, and other deceptive practices.
Intellectual property and trade secrets
The California Uniform Trade Secrets Act (CUTSA) protects companies from theft of trade secrets. Such as stealing business trade secrets and/or violating intellectual property rights. Specifically, these include: theft of private data, business plans, customer lists, bid specifications, spreadsheets, and corporate minutes.
Instead of “theft”, the CUTSA calls it “misappropriation”. These include using or disclosing trade secrets and acquisition by improper means (bribery, thefts, misrepresentation, or breach of duty).
Breaching confidential agreements
Violating non-disclosure contracts. Covers disclosure of key business information without permission. This includes trade secrets and confidential information. While trade secrets get the utmost protection a confidentiality agreement requires specific wording to enforce.
Trade name and trademark infringement
Using registered trademarks, logos, or trade names without permission. Trademarks create your business brand separating your business from your competitors. Register a product name, business logo, company emblem or other unique graphics to protect them.
Trademarks include words, phrases, slogans, and “trade dress” that includes color schemes. Trademarks protection comes under three forms:
- State trademark registration where you register the trademark with the State of California. But, only protects you in California;
- Federal trademark registration with the U.S. Patent and Trademark Office (USPTO) providing protection in all 50 states; and
- Unregistered trademarks known as “common law trademarks” where you simply attach the “TM” symbol after the name. However, unregistered trademarks must prove “first use” before any other person or business to establish protection.
Note: Filing a lawsuit for any of the above business torts involves challenging and complex laws. Our lawyers can help you and your business to seek damages and compensation for business torts committed in Los Angeles and other parts of California.
Representation from a Business Tort Attorney in Los Angeles
Stone & Sallus provides you and your business with experienced and skilled business torts attorneys in the Los Angeles area. Fifty four of our past clients gave Yelp their highest rating of us.
Call us for a consultation where one of our lawyers will listen to your business tort problem. Hire us so one of our business torts attorneys will research your claim and then advise you on how to proceed with receiving justice and compensation for all losses.
