Business Torts

The Camerlengo Law Group also handles select types of business torts, including:

  • Non-compete contracts
  • Breach of contract
  • Tortious interference with a contractual right/business relationship


Non-Compete Contracts
Non-compete or non-competition clauses and agreements are often found in business contracts between employers and employees. The language is designed to protect owners and employers from unfair competition, particularly in keeping trade secrets and customers. On the other hand, the non-compete agreement has the effect of inhibiting commerce and lawful competition.

Public policy disfavors contracts that inhibit a person’s right to work. In light of the public policy, non-compete agreements must be properly limited by geography, by length of time and by industry. A covenant that restricts competition is not enforceable unless the employer shows that the provision is necessary to protect a legitimate business interest.  A common and fundamental problem of non-compete clauses is that they are often drafted in a way that is overly broad and restrictive. In such cases, a Judge may not enforce the contract or may limit its terms depending on facts.

In determining the validity and enforceability of a non-compete agreement, the following factors are important:

  • Does the employee possess or have access to confidential information or trade secrets?
  • Does the non-compete clause have reasonable geographic and time limitations?
  • Is the employee the sole customer contact (i.e., does the client deal only with that one employee in his or her business interactions?)
  • Does the non-compete clause seek to restrict lawful rather than unfair competition?

Courts have considered the following factors in determining whether a non-compete clause is enforceable:

  • Is the non-compete agreement reasonably necessary to protect the employer’s legitimate business interests?
  • Is the agreement unreasonably restrictive of the employee’s rights?
  • Is the agreement against public policy?

The court’s decision on these criteria largely depends on the facts of each case.

If you are involved in a non-compete contract dispute, our attorneys at the Camerlengo Law Group can offer advice and counsel based years of experience in handling these cases for both employers and employees.

Breach of Contract
A breach of contract occurs if one party to a legal contract does not perform his or her side of the bargain.

Not all breaches are “material” and thus grounds for a lawsuit. If a legal professional advises you that a breach is not material, there are other options that can be considered.

In any case, it is important to contact an experienced attorney before taking any action that may be deemed a breach of contract. The Camerlengo Law Group is well versed in breach of contract cases.  Call us now to discuss your case.

Tortious Interference With A Contractual Right/Business Relationship
Tortious interference occurs when a person intentionally damages a person’s or business’ contractual or other relationships. Tortious interference with a contract is virtually identical to the elements of a claim for tortious interference with business relationships; however, it is recognized as a separate cause of action.

Tortious interference with a contractual right is specific to contractual relationships, whether or not they involved business, while tortious interference with business relationships is specific to business relationships or activities, whether or not they involve a contract.

Tortious inference with contract rights can occur when one party convinces a person or company to breach an existing contract. It may also occur when a party disrupts the ability of one party to perform his or her obligations under the contract, preventing the wronged party from receiving the performance promised.

Tortious interference with business relationships occurs when one party acts to prevent another party from successfully establishing or maintaining business relationships.


Do You Have A Claim?
To help determine whether or not you have a business-tort claim, ask yourself the following questions:

  • Did you have a valid contract or business relationship that was interfered with?
  • Did the defendant have knowledge of the contract/business relationship?
  • Did the defendant intentionally bring about the contract’s breach or the termination of a business relationship?
  • Did you suffer damages (i.e. lost profits) as a result of the defendant’s actions that caused the breach or termination?

For help in answering these questions and pursing the best course of action, we encourage you to contact the experienced attorneys at the Camerlengo Law Group.