When a tort claim fits, and when it does not
Business tort claims include interference with contracts or business relationships, unfair competition, misappropriation of trade secrets, fraud, and false statements disparaging a company's products. Courts are careful to keep these claims from simply repackaging a breach of contract: in New York, a fraud or tort claim that only restates a contract claim is usually dismissed, and the plaintiff has to point to a duty or a misrepresentation separate from the contract. Interference with an existing contract is also treated differently from interference with a relationship that had not yet become a contract, where courts generally look for more culpable conduct than ordinary hard competition. Choosing the right claim at the start shapes everything that follows.
Evidence and early motions
Business torts litigation often turns on intent and communications: what the other side said to your customers, what it knew about your contracts, and how it obtained your information. Preserve emails, messages, sales data, and customer correspondence, and expect the other side to ask for yours. Many cases see an early motion to dismiss testing whether the complaint states a viable claim, and in matters involving trade secrets or ongoing interference, a request for a preliminary injunction may come first. Proving damages means showing what was lost because of the conduct, which usually calls for financial analysis and retained witnesses. Fraud has to be pleaded with particular detail, so the facts should be organized before anything is filed.
Assessing a claim or a defense
Whether you are bringing a claim or answering one, our first discussion focuses on the relationship between the parties, any contracts that already govern it, and the specific conduct at issue. We look at how a court is likely to classify the dispute, which time limits may apply, and whether there is reason to seek urgent relief. If you are defending, we check insurance coverage, since some policies respond to certain business tort claims. Bring the relevant contracts, the communications that triggered the dispute, and any demand letter or complaint you have received.
