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Unfair Business Practices

This blog focuses on unfair business and trade practices such as business conspiracy, breach of fiduciary duty, misappropriation of proprietary information, fraud, tortious interference with contracts, and other unfair business practices that are not neatly defined.
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Tortious Interference with Business Expectancy in the District of Columbia-- A Split Among Jurists Regarding Pleading Requirements

Nov 24, 2009
A split has developed between District Court judges in the District of Columbia regarding the requirements to plead a count alleging tortious interference with business expectancy. In a post on June 18, 2009, I reported that Judge Ricardo Urbina had...

Virginia Court Limits Reach of Preemption Provision of Uniform Trade Secrets Act

Oct 23, 2009
Does the Virginia Trade Secrets Act preempt all related business tort claims? Not necessarily, according to a recent unfair business practices case from the Eastern District of Virginia. In E.I. DuPont de Nemours and Co.v. Kolon Industries, Inc., 2009...

Private Regulation of Business Competition Through State Statutes and Common Law Theories

Oct 22, 2009
The news lately is peppered by the federal governments' (lack of?) regulation of businesses, but how do state statutes and the common law regulate businesses? That is the question addressed in the article The Use of State Statutes and Common Law Tort...

Court Permits An Opposing Party's Lawyers to Interview a Company's Current Employees Outside the Presence of the Company's Lawyers

Oct 9, 2009
When an unfair business practices case arises, like in other types of cases, a company wants to know as much as possible about the adverse company's prior internal discussions and processes that resulted in the unfair business practice. But lawyers...

A Misrepresentation Made During a Contract Performance May Not Constitute Fraud

Sep 24, 2009
In a newly released opinion, the Virginia Supreme Court reaffirmed the Virginia rule that a fraud claim cannot be based upon one contracting party's false statements to another contracting party in absence of an independent common law duty. The...


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