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Tortious Interference

Phoenix, Arizona, Area Business Dispute Attorneys

You may have successfully operated a business for decades without ever hearing the legal term “tortious interference.” Even if you were previously unaware of the term, you will know it when you encounter it — it can be an aspect of other business disputes like breach of contract, unfair competition and even customer “poaching.”

Essentially, you may be able to take action for tortious interference if a competitor is unfairly intruding on your established customer relationships. A range of violations and unscrupulous practices may qualify, and breach of a written contract is not always required. Please contact The Law Offices of Donald W. Hudspeth, P.C., for experienced counsel on your legal rights if you believe a competitor or former employee is unfairly encroaching on your business.

Our firm defended the rights of a locally owned waste management company when a national company specifically targeted its customers with special incentives to switch service providers. This case illustrates that established business relationships are subject to protection — whether or not written contracts are breached.

Taking Your Side in Issues of “Fair Play” Among Business Competitors

Some tortious interference cases do involve breach of contract, as when a competitor offers a “special deal” to customers known to be under contract with you, just to undercut you. In other cases, interfering with your business expectations is illegal in itself. Many of our laws governing business rely on principles of fair play in sales and services, regardless of written contract rights.

Consequently, competitors may be allowed to solicit your customers but not offer improper considerations — such as "rebates," incentive payments or pricing set to specifically undercut yours. Rather, they may be required to wait for the existing contract to come up for renewal or the customer to become dissatisfied.

Many tortious interference cases involve a former employee using trade secrets or other protected and confidential information about your business to gain an advantage. If your business success is being threatened by someone who knows your pricing policies from the inside, for example, contact our lawyers to discuss potential legal action.

The business of our firm is business.

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