Business Tort Attorneys in Sacramento, CA
American business thrives on competition in the free market. California law sets standards of acceptable commercial conduct all enterprises must observe. The state can sue those that fail to adhere to these requirements for harm done to another’s intangible assets. This kind of suit is a business tort and indicates a violation of the laws surrounding professional commercial practices. If you are in need of legal help and or counsel for a business tort dispute, contact an experienced Boyd Law business tort attorney in Sacramento, CA for a free legal consultation.
A business tort may entitle the damaged company to claim legal recompense. Examples of this type of harm can include: interfering with a company’s network of contacts and partners, disparaging a competitor’s company image, the failings or sloppy business practices of directors, or any other action construed as an attack on or violation of a company’s intangible assets and right to operate.
There are several types of business torts:
Breaches of Fiduciary Duty
A fiduciary duty is any type of trust-based relationship. In commercial dealings, businesses establish a number of fiduciary duties concerning their operations. Some commonly referenced example in the commercial world include:
- Duty of care. The owners and directors of a company have a fiduciary duty of care to their stakeholders, employees, and customers to perform duties in the interests of the business as a whole. They need to remain fully informed about the happenings of their companies and make any major decisions only after considering the relevant information available to them.
- Duty of loyalty. Fiduciary duties of loyalty dictate regulations meant to prevent conflicts of interest or any situations where a director acts against the company’s interest for any reason, including personal gain. According to this duty, directors must act in the interests of the company as whole, which includes employees, managers, and shareholders.
- Duty of good faith. Shareholders should act in the best interests of all the shareholders. Violation of this may involve allocations of company capital, compensation rates, and the demands of the stockholders.
- Duty of confidentiality. This encompasses the care of client or partner information and insider information. Typically, breaches of this nature concern insider trading, sharing company secrets for any reason, or leaking confidential information.
Interference and Sabotage
While competition is a fundamental part of modern business, cooperation is also significant. Business relationships are vital to maintaining a successful operation in almost any industry, and attacking another company’s relationships is a type of business tort.
Experienced Sacramento business law attorneys know what evidence the damaged party requires to receive fair compensation for interference or sabotage. Interference constituting a business tort could involve attempts to damage a relationship between a company and its clients, employees, suppliers, distributors, partners, or potential new customers. Determining the exact economic impact an enterprise suffered can be difficult, but a Sacramento business tort attorney skilled in business tort law can ensure an organization receives fair compensation for any incurred losses.
Fraud is a broad term and can involve any number of unsavory practices, like the violation of intellectual property or proprietary information criminal activities including forgeries, falsifying information, or embezzlement. Without proper knowledge of California laws, a business may find it difficult to assess the damage and degree of intention on the part of the offending party.
Infringement of intellectual property entails copyrights, patents, and trademarks and can be challenging to contest. Disparagement entails any action that damages the image or reputation of a company or any misrepresentations meant to sabotage a competitor’s practices or tarnish its name and image.
The Boyd Law Firm in Sacramento has the experience necessary to fight for the rights of companies violated by any kind of business tort, no matter the industry or severity of damage. Business tort law is complex, so have an experienced legal team on your side for any related disputes.