Tag Archives: corporate counsel

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Banks Without a Remedy for Fraudulent Check Cashing Scheme?

In a recent Seventh Circuit Case, the dangers of a bank cashing a fraudulent check based on an electronic image raises important business banking concerns.  In a recent Commercial Banking Law Case, an attorney’s client Fumiko Anderson asked attorney Goodson … Continue reading

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Leveraging Long Term Supply Agreements to Finance additional R&D and Expansion!

One often, overlooked method of financing growth is long term supply agreements with specific unit and pricing requirements.  Once, these long term supply agreements are finalized the supplier can rely on them for planning future growth.  The supplier gets a … Continue reading

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Gender discrimination in Silicon Valley and the Startup and VC Industry!

Gender discrimination may be more prevalent in Silicon Valley, the Startup and VC culture than most realize.  The reality is that most partners, VCs and Startup CEOs are men.  The Ellen Pao trial has brought these issues to light, but … Continue reading

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Intentional Interference with Business Relationships or Prospective Economic advantage

The common law tort of interference with contractual relationships claim is often ignored in deciding how to respond to a business partner, employee or a competitors’ actions. However, interference with contractual relationship claims stem from the common law tort claims for intentional interference with business relationships. This is a good tool to use when there are no written agreements with employees, business partners, vendors, or customers,…

Another option is interference with prospective economic advantage, which is a great tool to use when you were expecting a business opportunity or profit that was thwarted by a competitor, business partner, employee, vendor or customer.  Often times, these business or contractual relationships torts can be utilized in place of or to supplement a written agreement.  These business torts are a great way to recover lost profits, sales, or compensatory damages that a business owner or company may have lost due to a dispute with employees, business partners, shareholders, vendors or customers.

In situations, where non-competition agreements are non-existent or found to be unenforceable, business owners may be able to recover the same types of damages by using the: a) interference with contractual relationship; b) intentional interference with business relationship; and c) intentional interference with a prospective economic advantage torts.  If you have any concerns or questions relating to how to handle the disruption of your business or operations, then please feel free to contact us.