Camerlengo Law Group offers a wide range of legal services for various types of business torts. These include:

  • 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 often included to protect owners/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.

Public policy favors the ability of people to hold jobs and to move freely in the interest of work productivity. In light of this public policy, non-compete agreements must be properly limited by geography, by length of time and by industry. They must also be limited to a legitimate interest of the company. 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, the agreement may not be enforced, depending on the laws and decisions of the state.

In determining the validity and enforceability of a non-compete agreement, the following factors will most likely be considered:

  • Does the employee possess confidential information or trade secrets?
  • Does the clause have geographic or time limits?
  • 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 clause restrict the employee’s only means of support?
  • Does the non-compete clause seek to restrain ordinary 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 interest?
  • 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, the attorneys at Camerlengo Law Group can offer advice and counsel based on years of experience in business torts.


Breach of Contract

Breach of contract may occur if one party to a legal contract does not perform his or her side of the bargain as stipulated in that contract. Common examples of breach include, but are not limited to:

  • One party to the contract making it impossible for the other parties to perform
  • One party absolutely refusing to perform the contract
  • One party to the contract pursuing a course of action contrary the intent of the contract

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. Some of those options include:

  • Informing the responsible party of the problem and giving that party an opportunity to remedy the situation
  • Refusing to pay anything more until it is remedied
  • Correcting the work yourself and deducting the cost from any payment, OR
  • Ignoring or excusing the defect and continuing on as if nothing occurred

In any case, it is important to contact an experienced attorney before taking any of the actions above. The firm of Camerlengo Law Group is well versed in breach-of-contract cases and can offer complete advice and counsel.


Tortious Interference With A Contractual Right/Business Relationship

Tortious interference occurs when a person intentionally damages a plaintiff's contractual or other business 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 involve business, while tortious interference with business relationships is specific to business relationships or activities, whether or not they involve a contract.

Tortious interference with contract rights can occur when one party convinces another to breach the contract against another. 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 with the party you are seeking potential action against (the defendant)?
  • 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 as a result of the defendant’s actions that caused the breach (i.e., lost profits) or termination?

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