Business and commercial transactions are fraught with potential tort liability for attorneys and their clients. Whether out of disappointment at losing a deal or as a negotiating tactic or legitimate belief, counter-parties, competitors and third parties can easily allege tortious interference with existing or prospective business relationships. There is also the risk of breaching the duty of good faith and fair dealing in transactions or misusing proprietary information obtained in negotiations in a failed deal. This program will you with a practical framework for understanding the range of business torts and real-world defenses.
• Intentional interference with an existing contractual relationship – and the “business privilege” of competitors
• Interference with a prospective contract or transaction – what’s an “expectancy”?
• Fraudulent misrepresentations – how does an attorney spot “intent”?
• Negligent misrepresentation, including contributory negligence and the economic loss rule
• Implied covenant of good faith and fair dealing – what it means for contract negotiations
• Contract terms involving discretion v. explicit terms
• Misdeeds by clients in contract negotiations
• Misappropriation of trade secrets disclosed in contract negotiations
• Usurpation of business opportunities and the organizational opportunity doctrine
• Torts in recruiting and hiring key employees away from competitors
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