BarbriSFCourseDetails

Course Details

This CLE course will examine proving and defending tortious interference with contract, tortious interference with business relations, and tortious interference with economic advantage. These claims arise when a person intentionally disrupts a formal agreement between two parties or when a third party takes unlawful action against the plaintiff's business to deliberately drive business away or cause another party to not enter into a business relationship with the plaintiff.

Faculty

Description

Competitors or former employees may commit business torts to gain an unfair advantage or cover incompetence. Defendants may use misinformation or manipulation to induce breach of contract, steer business away, undermine the plaintiff's ability to perform its obligations, or disrupt appropriate prospective business arrangements. Business attorneys must promptly identify situations where third parties are tortiously interfering with their client's contracts, business relations, and potential economic advantages to stop future damage and recover losses.

Successful plaintiffs can recover lost profits and other actual damages. Successful plaintiffs may also recover punitive damages, resulting in high-dollar verdicts in tortious interference cases, given the intentional nature of these claims.

Listen as our authoritative panel discusses recent case law developments across multiple states regarding tortious interference claims and the overlap of tortious interference claims with similar claims, such as wrongful competition by former employees, trade secret theft, or defamation. The panel will discuss considerations and best practices for business counsel bringing and defending claims.

Outline

  1. Establishing the various tortious interference claims
  2. Affirmative defenses to tortious interference claims
  3. Damages and other remedies, including preliminary injunctive relief
  4. Factors courts consider in deciding cases
  5. Interplay with the competition, employment, and defamation claims

Benefits

The panel will review these and other key issues:

  • What must plaintiffs prove to establish a tortious interference claim?
  • What are the potential defenses to defeat tortious interference claims?
  • Can preliminary injunctive relief be obtained for tortious interference?
  • What economic damages are available to prevailing plaintiffs in tortious interference cases?
  • How do tortious interference claims overlap with related employment, unfair competition, and defamation claims?