Unfair Competition and Business Torts

A competitive edge is key to success. Misconduct, unfair actions and breaches can erode this edge and put companies’ portfolios and good will at risk. Businesses rely on Phelps' experience to both pursue and defend against these efforts, safeguard their rights and assets, and resolve strategic disputes.

Business torts are drawing more attention from federal and state legislators, including specially created business courts, and from corporate boardrooms nationwide. Our team resolves competitor litigation that threatens clients' livelihoods and requires an in-depth knowledge of immediate and long-term business needs.

Employers and executives across a wide spectrum of industries turn to Phelps as a trusted partner to guide them through contentious litigation. With a deep bench of seasoned trial lawyers, we scale our team around your needs to handle demands, temporary restraining orders and preliminary injunction proceedings.

Our lawyers focus on minimizing financial losses, safeguarding reputations, and pursuing remedies for economic harm and lost opportunities. We leverage a deep understanding of corporate dynamics and legal intricacies to find solutions that limit interference with your business.

Services

Antitrust actions

Breach of fiduciary and other duties

Business disparagement

Deceptive and unfair trade practices

Restrictive covenants, including noncompete and non-solicitation provisions

RICO charges

Trade secret and confidential information misappropriation

Tortious interference with business and contracts

Experience

Lost Profit Recovery

Fully enforced financial services firm’s restrictive covenant agreement and recovered lost profits and client’s attorneys fees and costs following a four-day arbitration and secured a two-year injunction extending protections for breach of contract.

Competitor Litigation

Won $600,000 jury verdict following a three-day trial for company buyers after sellers and their former employee breached noncompete agreements by starting and supporting a competing company after selling the business for $1 million.

$200M

Trade Secret Protection

Won complete defense verdict for oilfield pressure control company after monthlong jury trial involving $200 million claims of trade secret misappropriation.

$10M

Contract Disputes

Defended an energy service company against more than $10 million in alleged damages after failed purchase of oilfield rental tool company to resolve five-year lawsuit claiming negligent misrepresentation, fraud and breach of contract.

Regulatory Defense

Secured temporary injunction to enforce noncompete agreement for construction equipment provider after former employee filed complaints with the Federal Trade Commission and National Labor Relations Board.