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Business Torts Archives

Common business torts explained

People are in business to make money; that much is easy enough to understand. However, the road to success in business is not always paved in gold. In fact, it can be fraught with more cracks, potholes and backed up with more traffic than I-10 on a Tuesday afternoon. Indeed, being in business can be fulfilling and profitable, but knowing what can get you into trouble and when you can seek remedies is just as important.

Three ways to emerge from serious business gaffes

For businesses, being in a lawsuit brings the potential to realize damages that extend far beyond the courtroom. Legal battles (and scandals) could put a company’s market share in jeopardy  since public trust is also a valuable commodity. Sometimes scourge of a public scandal is unavoidable. We’ve seen it with Uber (troubling sex discrimination claims), United Airlines (images of a mistreated passenger going viral) and Volkswagen (a decade of cheating on emissions tests).

Volkswagen works toward redemption

The fallout from the Volkswagen fraud case is apparently turning into further business opportunities for the State of California and vulnerable communities. As part of the multibillion dollar settlement between state and federal regulators and the German automaker over the decade long hoax over its diesel engine efficiencies, Volkswagen will be tasked with expanding a clean vehicle infrastructure across the state.

Three ways to protect business assets in financial downturns

While the market has not shown much of the volatility that investors came to expect over the past few years, abrupt changes to the market can threaten investors’ confidence and lead to further financial turmoil. Because of this, prudent businesspeople plan for market tremors. In the same vein, small business owners can safeguard their company’s holdings when the market goes awry. This post will highlight a few options.

Banana Republic's 40% Off Sale Leads to Unfair Competition Claim; Misleading Advertisement Could Not Be Cured at Point of Sale

In Veera v. Banana Republic, LLC, a California Court of Appeal recently reversed a judgment in favor of Banana Republic in a false advertising class action based on in-store ads promoting a 40% off sale. The plaintiffs alleged they were lured into Banana Republic stores after seeing ads in store windows stating "40% off." Plaintiffs learned at the cash register that the discount did not apply to the items they wanted to purchase. Out of frustration and embarrassment, plaintiffs claim they bought some but not all of the items they selected at full price. They later sued for violations of California's Unfair Competition Law ("UCL") at Business and Professions Code sections 17200 and 17500, claiming the "40% Off" signs were misleading because they did not disclose that the discount only applied to certain items.

On trade libel and the controversies it can create

Imagine that you are a small business and you are trying to grow into a successful company. In order to do this, there are a lot of factors that need to fall into place just so. You need a great product or service; you need to implement that product or service efficiently; and you need to have a great reputation as a company with good customer service and dependable products. It is very difficult to achieve all of these factors.

What are the requirements for tortious interference?

All business owners, managers and sales people know about competition. Competition is actually a vital part of most marketplaces, as it drives the market forward. That doesn't mean it isn't sometimes frustrating for those involved, and there are times with other businesses or individuals do cross the line. Sometimes when those lines are crossed, there might be a case for a lawsuit for tortious interference.

Businesses subjected to unfair competition have rights

So much can be at stake in competition between businesses. Thus, it is of little surprise that such competition can get rather heated. In the midst of such heated competition, there are many different tactics a business may turn to try to get a leg up on their competitors.

When a business owner suspects their business has been defrauded

Fraud can be devastating to a business. For one, it can be a major drain on the financial resources of a company. Also, fraud within a business can destroy trust among important players in the business, such as partners in the business. Trust among these individuals can be an incredibly important thing for a business. Thus, fraud has a real potential to throw a company off the rails.

Handling a non-performing business partner

If a California business owner is dissatisfied with the performance of a business partner, certain actions can be taken to resolve the dispute. How the situation is dealt with depends on a variety of factors, including how the business is organized and the contents of any written agreements regarding this kind of situation.

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Klein & Wilson
4770 Von Karman Avenue
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