What do you need to know about California’s unfair business practices and unfair competition laws, and protecting your business and financial interests? What is the difference between unfair business practices and  unfair competition?

Key Takeaways from What do You Need to Know About California’s Unfair Business Practices and Unfair Competition Laws?:

• The majority of business-related disputes between companies, as well as between partners, members, shareholders, and owners of a California company involve allegations of unfair business practices.
• Examples of common unfair business practices include but are not limited to business fraud, embezzlement, misappropriation of trade secrets, attempts to dilute or eliminate the interests of minority shareholders or investors, collusion and unethical accounting (“cooking the books”).
• The primary legal remedies for unfair competition under California laws include the recovery of damages as well as injunctive relief and/or equitable relief (immediately stop what you are doing and/or cease and desist orders).
• The primary legal remedies for unfair competition under California laws include the recovery of damages as well as injunctive relief and/or equitable relief (immediately stop what you are doing and/or cease and desist orders).

Unfair Business Practices

Unfair business practices and unfair competition laws are intertwined and can be a bit complicated.  Unfair business practices are generally a subset of California’s unfair competition laws and covered by our Business and Professions code.  Unfair business practices are one of the most common elements in a business dispute between owners, members, investors and/or shareholders.

Disputes between individuals who share a contractual business relationship are governed by unfair business practices laws prohibiting fraud or deception, and often involve the breach of a fiduciary duty.  Examples of common unfair business practices include but are not limited to business fraud, embezzlement, misappropriation of trade secrets, attempts to dilute or eliminate the interests of minority shareholders or investors, collusion and unethical accounting (“cooking the books”).

Fraud is a central element in most unfair business practice disputes and lawsuits.

After more than 40 years of experience successfully managing these disputes while protecting the goals and objectives of our clients I can tell you that unfair business practices is a common element in any business dispute.  Beware of small business disputes.  They tend to be underestimated and grow into a case involving attorneys fees and other damages that grow a case from a few hundreds or thousands into hundreds of thousands or more.

Unfair business practices usually involve a dispute between business owners, partners, members in an LLC, or shareholders on an individual level.

Unfair Competition Law

Unfair competition law in California covers a broad range of business decisions and actions. Using assets from a previous job/employer, such as trade secret customer lists, contact information, inside business knowledge and strategy can be against these laws.  The Watkins Firm can help to craft employment agreements and non-disclosure agreements rooted in trade secrets and other strategies which protect your business against unfair competition.

Advertising in an untrue or deceptive manner, such as portraying a product they do not actually sell on a billboard, media spot or online ad is prevented by the California’s Unfair Competition Law. Excessive manipulation of prices which attempt to confuse the prospective purchaser or drive the price below cost is not legal in California. Business fraud and the practice of false or misrepresentative statements in a business transaction are considered to be unfair competition practices.  Unfair competition usually involves a dispute between business entities. The primary legal remedies for unfair competition under California laws include the recovery of damages as well as injunctive relief and/or equitable relief (immediately stop what you are doing and/or cease and desist orders).

What to Do About Unfair Business Practices and Unfair Competition in San Diego and Throughout California

What do you need to know about unfair business practices and unfair competition laws in San Diego and throughout the State of California?  How can the Watkins Firm help to represent and protect your interests?  We invite you to review our recent Podcast Episode 25 – Unfair Business Practice Overview as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Ask about our unique approach to business disputes and how we work to resolve these matters in a timely and cost-effective manner while protecting and accomplishing your goals and objectives.

Meet Daniel Watkins:

Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through.  Dan enjoys digging into the facts and finding creative solutions to problems.  He contributes his insights candidly and constructively.

Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.

Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.

He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.

THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR

Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.