Tort Litigation Services For Businesses Throughout New York
Each year, countless businesses sustain financial losses due to the misconduct of others — fraud, unfair competition, breach of fiduciary duty, or interference with business relationships. Whether the losses have occurred in the past or may result in future harm — in the form of lost business opportunities, for example — there may be grounds for a business tort lawsuit. If your business has been harmed financially, or its reputation or relationships have been damaged, due to another’s misconduct, having aggressive legal representation is essential. Similarly, it takes a highly skilled attorney to successfully defend business tort claims.
The business litigation group at Scaffidi & Associates is ready to vigorously pursue or defend complex business tort lawsuits in state and federal court. Regardless of the size or financial position of your business, our attorneys can help you obtain meaningful compensation for your losses or design a strategy to withstand any business tort claims against your company. While we often work to reach negotiated resolutions to such business disputes, we have the skills and resources, and are fully prepared, to successfully litigate any matter.
Call Scaffidi & Associates to Handle Your Business Tort Matter
Our business litigation attorneys have a proven record of success and a well-deserved reputation for fighting for our clients every step of the way. We believe that everyone is entitled to equal justice under the law, and so we are ready to provide clients with offensive and defensive capabilities in a broad range of business tort matters. This includes:
- Fraud — Occurs when one party intentionally or knowingly makes false statements to, or omits information from, another party involved in a business transaction. In order to have a valid claim, it is necessary to show that the victim relied on the false statement or omission in making a decision that was relevant to the transaction. Deals that are fraudulently induced may be voided, and victims may be able to recover damages through a lawsuit.
- Negligent misrepresentation — A type of business fraud that involves the defendant making unintentional false statements and claims, whether arising from ignorance or negligence, rather than intentionally or knowingly making a false statement. A party that relies on a misrepresentation to engage in a transaction, and suffers monetary losses, may be entitled to compensation and the transaction may be voided.
- Breach of fiduciary duty — A fiduciary is an individual or business that owes a duty of care to another party, often referred to as a beneficiary. In particular, a fiduciary is obligated to act in the best interests of the beneficiary. A fiduciary relationship can arise in the context of business contracts, partnership and shareholder agreements, trusts and estates, or securities and investments. In short, a fiduciary who breaches its duty may be held liable for any financial losses experienced by a beneficiary.
- Tortious interference — Occurs when one party unlawfully interferes with another party’s contractual or business relationships. To have a successful claim, it is necessary to show that the defendant knew that a valid contract or business relationship existed between two parties, intended to disrupt or disrupted the parties’ relationship, and caused the plaintiff financial losses as a result.
- Civil Theft — Generally, theft is a criminal offense that occurs when someone takes another’s property with the intent to permanently deprive the owner of that property. In the context of business theft, criminal penalties may not provide for financial restitution, which makes it necessary to pursue a civil theft lawsuit. We are fully prepared to handle a wide range of civil theft cases, such as trade secret theft, misappropriation of shareholder investments, nonpayment for services and fraud.
- Conversion — A type of theft that occurs when one party converts the goods or assets for its own use while excluding the actual owner. Examples of conversion include stealing, trespassing, unauthorized possession, destroying or altering an item, and embezzlement. While conversion may involve the unauthorized use or theft of tangible goods — money, objects, tools, materials or receipts, conversion cases can also arise from the misappropriation of intangible assets, such as intellectual property. To have a valid claim, however, the plaintiff must have sustained financial losses, business harm, or personal damages.
- Conspiracy — Involves two or more parties agreeing to act together for the purpose of committing an unlawful act that causes another party financial harm. Conspiracy often occurs concomitantly with another tort, such as fraud. Two or more businesses that engage in a price fixing scheme to drive another company out of business may be guilty of conspiracy. It is worth noting that each conspirator is liable for the actions of the other co-conspirators.
- Defamation — When a business’ reputation is harmed through false or damaging statements, the responsible party can be held liable for any financial losses. In short, spoken or written statements about a company’s products or services — including fake product reviews — or statements intended to discourage others from dealing with the business, may be deemed defamatory, provided that the statements are false. True statements, however, are considered to be protected free speech, and are not actionable, even if they cause harm.
New York Business Tort Litigation Attorneys
The legal team at Scaffidi & Associates has decades of experience representing their clients and trying very serious cases. We have a well-earned reputation for leveling the playing field by providing our clients with powerful advocates, talented litigators, and skilled negotiators. Although navigating the legal system can be complicated and confusing, we take the stress out of the process by exploring all the various options and helping our clients achieve outstanding results inside or outside of the courtroom. If your business has sustained monetary losses due to another’s misconduct or you are facing a business tort claim, you need the aggressive legal representation we are fully equipped to provide. Call our office today or complete the online contact form to set up a consultation.