Getting past the first motion
Business tort claims, such as tortious interference, unfair competition, fraud, and misuse of confidential information, often meet a motion to dismiss early in the case. Courts in New York look closely at whether a tort claim is really a contract claim in different clothing, and where the parties had a contract covering the same subject, a fraud or negligence claim that merely restates the breach is usually dismissed. Interference with an existing contract and interference with a prospective relationship are treated differently, and the latter usually requires showing that the defendant used wrongful means or acted solely to cause harm, rather than simply competing hard. Fraud claims must be pleaded with particular facts, and the same discipline helps every other claim in the complaint.
Moving quickly when harm is ongoing
When a former employee is using a customer list or a competitor is spreading false statements, waiting for a final judgment may not help. Courts can grant temporary restraining orders and preliminary injunctions, but the party asking must usually show, among other things, a likelihood of success and harm that money cannot repair, and the court may require a bond. That kind of application rises or falls on the evidence you have at the start, so preserved emails, file-access logs, and statements from customers matter. Forensic review of devices and accounts is often part of the early work, and it should be arranged through counsel so its findings can be presented properly.
Proving what the conduct cost
Damages are where many business tort cases are actually decided. Lost profits usually have to be shown with reasonable certainty, which often means building a financial model from your own records and the history of the lost customer or deal, frequently with a retained financial witness. Some claims also allow recovery of the defendant's gains, or punitive damages in limited circumstances. Our early review covers which claims the facts support, which state's law applies, whether an injunction is worth seeking, and what records you have to show the loss. From there we estimate what the case would require through discovery.
