Do you need an unfair business practices lawyer in San Diego or anywhere in California? Unfair business practices can cause substantial legal issues for every party involved.  What constitutes an unfair business practice under California law?  Why are allegations of unfair business practices a component in the majority of business disputes and lawsuits?

Unfair business practices are covered by California’s Unfair Competition Laws as established in our Business and Professions code.  These laws provide specific legal business protections for owners, shareholders, members, employees and all of those with whom you conduct business.  Unfair business practices are a component in the majority of business lawsuits.

Primary Reasons You Need an Unfair Business Practices Lawyer in San Diego and Throughout California:

• Unfair business practices is a component of a significant majority of business-related disputes and lawsuits here in San Diego, and across California.
• Unfair business practices are usually based in a wrongful, deceptive, or fraudulent actions by a party to a transaction, or by someone you are doing business with or within your own company.  These must be proven in ADR or at trial.
• Unfair business practices can include but are not limited to breach of fiduciary duty or obligations to a business partner or investor, deceptive trade actions, misleading or false advertisement, deceptive pricing tactics and price discrimination, and untrue or false representations about a product or service.  An experienced lawyer can document and provide evidence that these complex laws have been violated and seek just and appropriate compensation and substantial remedies available under California law.

What are Some Examples of Unfair Business Practices?

Generally speaking, unfair business practices involve wrongful actions during every aspect of conducting business.  This can be associated with a transaction such a sale or rental of services or goods, or based upon wrongful conduct or attempts to defraud fellow owners or investors.

To qualify as an unfair business practice, an element of unfairness, oppressive or immoral behavior, unethical actions, or damaging business practice must be proven.  California unfair business practice and unfair competition laws are extensive, but they are also quite broad and obtuse in the actual language of the law.  Unfair business practices can include but are not limited to breach of fiduciary duty or obligations to a business partner or investor, deceptive trade actions, misleading or false advertisement, deceptive pricing tactics and price discrimination, and untrue or false representations about a product or service.  An experienced lawyer can document and provide evidence that these complex laws have been violated and seek just and appropriate compensation and substantial remedies available under California law.

So, these cases aren’t usually clear cut, and your Watkins Firm unfair business practices attorney must thoroughly document and address the fact specific nature of these cases.  The good news is, generally speaking, our attorneys only need to be able to assert and prove that the actions of a party accused of an unfair business practice resulted in deception or a fraudulent practice in order to open the door to damages and settlement.

In most lawsuits, allegations by your Watkins Firm unfair business practices lawyer in San Diego and throughout California are associated with fraud, an unlawful action, misrepresentation, misappropriation or other behaviors which are not in the best interests of a company and those who own an interest in it.  Fraud is one of the largest contributory factors to most of these cases.  Any act of business related fraud between those conducting business together can become part of a legal action for unfair business practices.

Some of the most common acts of fraud involve the transfer of company assets for personal gain, falsifying company records and tax returns, accounting and reporting misrepresentations or any attempts to “doctor” them, conducting false transactions or purchases through another (fake) entity or individual,  or converting business loans for personal use.

Unfair business practices can also be applied to an employee.  While non-compete strategies are illegal in California, the proper implementation of a strategy based upon the protection of trade secrets is a powerful and valid legal issue.  If an employee takes trade secrets or trade secret materials such as a recipe, process or even customer list to a competitor or for their own independent business use it can create substantial legal and financial liability as an unfair business practice.

How do Unfair Business Practices Cause Substantial Legal and Financial Issues?

Any time a San Diego business litigation attorney is brought into a dispute between principles such as business owners, shareholders, partners, or members it is quite likely one or both of the parties will include “unfair business practices” as one of the causes of action under the complaint.

California’s unfair business practice laws can allow a seemingly minor or small dispute to accelerate into a case involving attorneys fees into six or seven figures.  Therefore, one of the first points of focus for a business defense counsel would be to challenge any issue which might open the door to remedies which include attorneys fees.

In addition, any successful allegation of fraud can lead to an exposure for punitive damages.  These are but a few of the ways unfair business practices in San Diego cause substantial legal and financial issues.

Pro-Tip: “What might an unfair business practice include?  A better question is what would not be an unfair business practice? Because it seems to be in every lawsuit that we defend, you sue someone for sexual harassment, you’re going to get sued for unfair business practices. You sue them for any type of fraud in the business arena, you’re going to get sued for unfair business practices. You sue them for unfair competition, there you go, you’re going to get sued again, under our Business and Professions Code section seventeen thousand two hundred and seventeen thousand five hundred. And there in between, there are many, many laws talking about what’s unfair and what you can sue for. And it seems to cover everything. It seems to be included in almost all lawsuits, and it has an attorney’s fees clause.

Look at it from two perspectives. If you are being sued by like someone you’re dealing directly with and they say, ‘well, what you’re doing is gaining an unfair business practice over me, you’re violating my rights,’ that’s a direct unfair business practice. If the person across the street is in business and it’s similar to yours and they’re doing things that are affecting your business to their advantage and your detriment, that could be an unfair business practice. So as broad as it is, and as big many large examples as it has, it’s important to see your lawyer at the Watkins Firm. When you’re in business and you have contracts, this is a big way people get in trouble. They put things in their contracts that are deemed to be an unfair business practice. And those can be anything from how they price, how they pay their employees, how they advertise, how they labeled their products. All those things can turn into unfair business practices and a cause of action. And you’re getting sued.

How extensive of a bucket is that fraud and unethical conduct? It’s pretty widespread. I mean, those are strong words for describing it. I don’t think you have to use unethical or that those are words we use for an actual fraud cause of action in unfair business practices. It’s more of a, ‘what was the effect of your action? Were you accurate in your representations? Did someone detrimentally rely on something you did say or said to their detriment? And were there any other statutory violations that you committed in the context of whatever contractor agreement you have that would make it unfair to whoever you’re dealing with or to your competitors?’ And the way you do business, if you don’t pay your employees their legal employment taxes and you don’t take out withholdings and your competitor does, they’re going to say it’s not fair. Right? You don’t have to follow the law. And I do. So how do I compete? Unfair competition.

Misuse of power is another example of I have power over you in one form or another and I’ve abused that privilege. How does that come into play in these types of actions? When you have superior negotiating position and you enter into an agreement or a relationship in business and it turns out that you’re getting an unfair advantage over it, in addition to the unconscionable, unfair fraud cause of action, you’re going to get this unfair business practice cause of action. And it’s going to say that the terms of the contract should not be held against me. And you’re going to get a list of about 12 causes of action and one will be this unfair business practices option. And if they can make that stick, then they not only get the substantial financial damages they seek, they can also get all their attorneys’ fees.” – Dan Watkins, Founding Partner

Proven Unfair Business Practices Lawyer in San Diego and Throughout California

Your Watkins Firm attorney usually has more than four decades of experience as a proven unfair business practices lawyer in San Diego and throughout California, often on the side of the defense.  Unfair business practices in California require extensive experience, legal knowledge and skill, as well as business savvy.  If you are concerned about the actions of a fellow business owner, member, partner, shareholder, investor, officer, executive, board member, business associate or employee 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.  Learn how we can and will protect your interests and work to achieve a positive outcome which reflects your goals and objectives for the case.