Tortious Interference with Contracts and Business Relations: Proving and Defending Claims

Course Description

Commercial relationships and contracts are both susceptible to interference by others. Former employees and competitors sometimes resort to improper tactics to gain an unfair advantage. Business litigators need to be aware of the variety of fact patterns that can support a claim for tortious interference. This versatile tort is an essential tool to address a wide range of commercial misconduct and unfair competition.

Principles

• Proving the Elements of Tortious Interference — Understand the elements plaintiffs must establish, including the existence of a valid contractual or business relationship, intentional interference, improper conduct, causation, and resulting damages.
• Identifying Defenses and Justifications — Recognize the defenses and privileges that may defeat a tortious interference claim, including legitimate business justifications, lack of intent, lack of causation, and failure to establish an underlying relationship or damages.
• Evaluating Damages and Remedies — Understand the types of damages potentially available to successful plaintiffs and how the alleged interference connects to the economic harm claimed.
• Recognizing Overlapping Claims and Industry Applications — Identify how tortious interference intersects with employment disputes, unfair competition, defamation, real estate transactions, and technology-related business conflicts.
• Applying the Tort to Real-World Commercial Misconduct — Develop the ability to spot potential interference in practical business situations, evaluate whether conduct crosses the line from legitimate competition to actionable misconduct, and use the tort effectively as both a litigation tool and a defense strategy.

Syllabus

1. What must plaintiffs prove to establish a tortious interference claim?
2. What are the potential defenses to defeat tortious interference claims?
3. What damages are available to prevailing plaintiffs in tortious interference cases?
4. How do tortious interference claims overlap with related employment, unfair competition, and defamation claims?
5. Real Estate Industry: How tortious interference claims come into play in real estate transactions, including case studies and real-world examples
6. Tech Sector: Examining tortious interference in the dynamic realm of technology and innovation
7. Employment Disputes: Addressing the application of tortious interference claims in employment-related conflicts