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Business Law: Unfair Competition and Business Torts
The law of unfair competition is primarily comprised of torts that cause an economic injury to a business through a deceptive or wrongful business practice. Unfair trade practices include such torts as “misappropriation” which involves the unauthorized use of intangible assets not protected by trademark or copyright laws. Other practices that fall into the area of unfair competition include: false advertising, "bait and switch" selling tactics, unauthorized substitution of one brand of goods for another, use of confidential information by former employees to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services.

With today’s global economy and the ease with which information travels, protecting confidential personal information, trade secrets, proprietary commercial information, and preventing unfair competition is relevant more than ever before. These types of issues arise in many forms, including disputes over the retention of confidential documents; violation of a non-compete and/or non-solicitation agreement; violations of a non-disclosure agreement; intentional interference with prospective contractual relations; defamation and/or false statements by a competitor relative to products or services - just to name a few. Although sensitive information can be disseminated or publicized instantaneously, the adverse effects to a business can be devastating and long-lasting.

At Bennett & Belfort, P.C., our seasoned business attorneys regularly litigate complex business torts, in order to protect our clients’ business interests with an eye on managing risk and maximizing the certainty of a positive outcome. We regularly work with our business clients to revise, draft and implement clear policies and enforceable agreements, including confidentiality agreements, restrictive covenants, and nondisclosure agreements, which are specifically tailored to protect against the release of proprietary information.

When necessary, the attorneys at Bennett & Belfort, P.C. are prepared to vigorously litigate business disputes, including seeking immediate injunctive relief or other preliminary remedies aimed at protecting our clients’ business interests and their valued proprietary information, in addition to pursuing damages against competitors who seek to improperly gain a competitive advantage.

If you would like further information regarding the law of unfair competition, or you have a specific legal issue involving the protection or dissemination of private, confidential or proprietary information that you wish to discuss with our attorneys, please call our office at (617) 577-8800 or email dbelfort@bennettandbelfort.com or tbennett@bennettandbelfort.com.