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Tortious Interference with an Expected Inheritance in Florida

Often before the death, a spouse or someone else in control of assets attempts to rearrange the assets so that it will benefit them and in doing so it can interfere with the desires of the decedent. In these situations, the prospective beneficiaries who have been damaged have the right to bring...

Court Rules on Exit of Hedge Fund Partner

Seibold v. Camulos Partners LP , C.A. No. 5176-CS (Del. Ch. Sept. 17, 2012). Issue Address : Did hedge fund breach the limited partnership agreement by not distributing to the departing partner his capital investment? Short Answer : Yes. In addition, the Court addressed many related claims and...

In A Delaware First, Standard When Lawsuit Threat Can Be Tortious Interference With Potential Business Relationships Addressed

Soterion Corp. v. Soteria Mezzanine Corp ., C.A. No. 6158-VCN (Del. Ch. Oct. 31, 2012). Why This Case is Noteworthy : This decision addresses for the first time in Delaware the applicable standard to determine when the threat of a lawsuit can be tortious interference with prospective business relationships...

Business Tort Case Moves Forward Against Virginia Company

AWP, Inc. is engaged in the business of traffic control solutions for road construction sites and emergency situations. AWP alleges that Shawn Watkins, a former employee, began his own traffic control business, Traffic Control Solutions, LLC (TCS) while still working at AWP, and that he misappropriated...

Fourth Circuit Asks Virginia Supreme Court to Clarify Business Conspiracy Statute

Sometimes a court must decide a matter that turns on the law of another jurisdiction. If the other jurisdiction's law is unclear, the deciding court can make a formal request to its sister court asking that court to clarify an issue. The Fourth Circuit recently invoked this procedure and certified...

No Tortious Interference Claim Without Actual Interference

One of your top executives puts in his notice that he is leaving to join your fiercest competitor. Fortunately, he signed a noncompete that restricts him from doing just that. Your lawyer sends him a letter reminding him of his contractual obligations to your company, of course, but also recommends that...

Tortious Interference Supported by Allegations of Business Retaliation

Suppose you're a senior executive at a company that regularly transacts large volumes of business with another company, when the wife of the other company's CEO files what you believe to be an unwarranted sexual harassment lawsuit against your company, presumably with the consent or approval...

Customer Lists and Pricing Information Aren't Necessarily Confidential

When an employee has signed an enforceable non-competition and non-solicitation agreement, he will be prohibited from soliciting the employer's customers for a certain length of time after the employment relationship ends. In the absence of an express non-competition clause, a former employee is...

It’s Not Illegal to Give a Negative Job Reference, But…

When you receive a phone call from a company looking for information on a former employee that was a less than stellar employee, or worse, fired, do you? (a) Ignore it. (b) Confirm only the fact of prior employment and dates. (c) Give a truthful, negative reference. Most employers do either “a”...