Insights & News

No matter the jurisdiction, when businesses — sophisticated or not — execute contracts, the potential for tortious interference by a third-party is not often anticipated by those engaged in the present contract.  Tortious interference can have a significant impact on the businesses involved, however, and may give rise to actionable claims for damages, to cover the losses caused by such interference. Basic Elements of a Tortious Interference Claim Tortious interference claims essentially involve the intentional disruption of a business contract by a third-party. For example, suppose that you enter into a contract with another party for the purchase of goods.  […]

Depending on the nature of the business and the information being protected, trade secrets may form a substantial portion of an intellectual property portfolio, and thus a substantial portion of the total value of a given business.  As such, potential trade secret infringement may have enormous consequences for the continued health of a business.  Fortunately, those whose trade secrets have been infringed (through misappropriation) may bring an action against the liable defendant. Legitimate trade secrets are protected by law against unlawful infringement.  Infringement — in the trade secret context, known as misappropriation — can be rather complicated to understand. Let’s […]

Individuals and businesses are frequently unaware of their rights under the law.  Misinformation in the contract dispute context is quite common — after all, many mistakenly believe that contracts are automatically invalid unless they are written.  Similarly misunderstood is the fact that certain non-contractual promises are enforceable against the promisor (i.e., the party that made the promise at issue), pursuant to the doctrine of detrimental reliance. What is Detrimental Reliance? Detrimental reliance occurs when a party is reasonably induced to rely on a promise made by another party.  In many states, a detrimental reliance claim is actionable if the reliance […]

Like most small businesses, government contractors are focused on keeping control over their expenses. And who doesn’t hate that one dreaded line item: legal? Well, who other than lawyers that is. Admittedly, this may be a counterintuitive point for a litigator to be raising. But the fact is, savvy companies wanting to secure government contracts realize they need to find creative ways to avoid the courthouse while increasing the chances of being a successful bidder. One such strategy allows competitors and collaborators to band together to pursue a contract by creating a “teaming agreement.” This allows multiple firms to pool […]