When do you need an unfair business practice attorney in San Diego and Southern California? What constitutes an unfair business practice under California law?
Unfair Business Practices Often Result in Litigation
One of the first places you may hear of this term is in the midst of a business dispute or litigation. Unfair business practice allegations are one of the issues cited in most business and healthcare-related lawsuits across California. What types of activities comprise a genuine unfair business practice?
Unfair Business Practice is Based Upon California Unfair Competition Laws
The California Business and Professions Code within our statutes establishes the concepts of unfair competition as well as unfair business practice. California’s Unfair Competition Law (UCL) makes it unlawful to perpetrate any sort of fraud, or deception and extends to practices such as untruths, deceptions or misleading information contained in advertising or in-store signage and associated promotions. Unlike unfair competition, unfair business practice is not limited to a party who is outside of your own business or company.
What Are Some Examples of Unfair Business Practice in San Diego
Unfair business practice in San Diego is usually associated with fraud, the misuse of power, theft and embezzlement, misrepresentation or actions which clearly fall outside of or conflict with the interests associated with a fiduciary duty.
There is legal duty between business owners, shareholders, members of an LLC, partners, executives, directors and even employees within a business. This is why any business-related dispute between business partners or the owners of a company and/or their employees will involve allegations of unfair business practice in San Diego and Southern California. As an experienced unfair business practice attorney with decades of experience, I can tell you it is a component in many if not most of the business disputes we encounter.
Employees and Former Employees Can be Guilty of Unfair Business Practices
Many lawsuits and disputes which cite unfair business practices are associated with employees or former employees. For example, a company may establish trade secrets associated with everything from specific intellectual property, recipes, processes, even customer and/or supplier lists and marketing strategies. There are specific legal requirements to be met when establishing or preserving those things which have been established as a trade secret.
If an employee violates a trade secret it is absolutely the basis of a lawsuit which will include allegations of unfair business practices. In this example, if a former employee or partner takes valid trade secret(s) and attempts to go out on their own or to a competitor it is possible to put a stop to it and seek any appropriate damages. While this may seem somewhat minor in some cases, unfair business practices opens the door to the recovery of attorneys fees. This is why many seemingly small matters can become substantial and expensive exposures.
Do You Need an Unfair Business Practice Attorney in San Diego
Do you need an unfair business practice attorney in San Diego or Southern California? Are you concerned about an unfair business practice in San Diego? Have you been accused of unfair business practices in a dispute or lawsuit? You need immediate advice and counsel from one of our business litigation attorneys with decades of proven experience. We invite you to review our podcast Episode 25 – Unfair Business Practices as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.