Honed Litigation Skills You And Your Business Can Depend On

A Dedicated Morristown Business Torts Attorney

Last updated on February 19, 2026

Whether it is through deceptive trade practices or the theft of trade secrets, businesses face constant threats to their viability and distinct qualities. At The Law Office of John A. Fialcowitz, LLC, I protect businesses in New Jersey that have faced threats to their unique identities.

My name is John Fialcowitz. I established my firm to litigate business disputes after spending over eight years at one of New Jersey’s largest law firms. When I provide representation in business tort litigation, I apply my large-firm legal knowledge. However, I also offer the accessibility and reasonable rates of a small firm.

What Are Business Torts?

Business torts involve wrongful acts that cause financial or reputational harm to a company. Many legal issues in the professional world arise from contracts. However, business torts deal with injuries that happen outside of a written or oral agreement. You do not need to have a contract with someone for them to be liable for a business tort. These claims focus on maintaining fair play and ethical standards in the marketplace.

How Is A Business Tort Different Than A Breach Of Contract Case?

The primary difference between a business tort and a breach of contract is the source of the legal duty. In a contract case, the duty comes from the specific promises you and the other party made to each other. In a business tort case, the duty comes from the law itself. The law requires everyone to avoid deceptive practices. It also asks for respect for the fiduciary roles they hold. Lastly, it requires refraining from interfering with the legitimate business relationships of others.

Representing New Jersey Businesses In A Wide Range Of Business Torts

Business torts involve any damages or wrongs that occur outside of existing contracts. At my firm, I represent clients in a broad range of business disputes that fall under the umbrella of business torts. Understanding the different categories can help you determine if your rights have been violated.

Unfair competition: This involves deceptive or wrongful business practices that harm your ability to compete fairly in the market.
Fraud and misrepresentation: This occurs when a party intentionally provides false information that you rely on to your detriment.
Tortious interference: You may have a claim if a third party intentionally disrupts your existing contract or a prospective business relationship.
Conversion or misappropriation: This covers the unauthorized taking or use of your company’s physical property or trade secrets.
Breach of fiduciary duty: This happens when someone who owes you a high level of trust, like a partner or officer, acts against your best interests.
Defamation and trade libel: If someone publishes false statements about your business or products that damage your reputation, it is considered trade libel.
Lanham Act violations: These claims often involve trademark infringement, false advertising, or other practices that confuse consumers about the source of goods.
Abuse of process: This occurs when someone uses the legal system for an improper or ulterior motive rather than for its intended purpose.
Malicious prosecution: You may file this claim if someone initiates a groundless legal proceeding against you without probable cause and with malicious intent.

Whether your case involves a single act of deception or a long-term pattern of unfair behavior, I can help you assess your options. My goal is to make sure that no one profits from harming your business through illegal or unethical means.

Understanding Examples Of Business Torts

A business tort is the infringement of a right (other than under contract) that can lead to legal liability. Examples of business torts include:

Breach of fiduciary duty: When a party with a legal obligation to act in another party’s best interest fails to do so, this is a business tort.
Fraud: Deliberate deception to secure unfair or unlawful gain is a business tort.
Unfair competition: Practices, such as trademark infringement or false advertising, that harm a business’s market position is a business tort.

Business owners who can identify these potential business torts can take legal action. With more than 20 years of legal experience, I have managed a wide variety of business tort cases. I am a trusted legal advocate for the clients I represent. In my practice, I offer personal accessibility. In addition, I possess the broad knowledge that can only come from years of litigation experience.

What Is The Difference Between Unfair Competition And Other Business Torts?

Unfair competition is a broad category that includes various types of commercial misconduct. While specific torts like defamation or conversion focus on one type of harm, unfair competition focuses on the overall fairness of the marketplace. It often involves practices that confuse the public or take unfair advantage of your company’s hard-earned brand recognition.

For example, tortious interference might require proof that a party specifically targeted one of your contracts. Unfair competition might involve a broader scheme to steal your customers through deceptive marketing. Think of unfair competition as the umbrella that protects the integrity of your brand, while other business torts protect specific assets or relationships.

Steps To Take When Your Business Has Been Wronged

When another person or business acts wrongfully and causes you financial harm, it can feel like your hard work is under attack. There are steps that you can take if you suspect a business tort has been committed against your business. Some of these steps include:

Document the sequence of events that lead to the attack on your business.
Collect and secure all relevant communications, documents and records related to your potential claims.
Document the damages your business has suffered because of the wrong actions.
Seek legal advice from an experienced business torts attorney who can help you understand your rights and the viability of your case.

Business torts can cause serious financial harm. By taking these steps, you can preserve evidence and increase the likelihood of a favorable outcome. I can help you seek damages for the wrongdoing and loss.

Business Tort Remedies

When you win a business tort case, the court can provide several types of relief to make your company whole again. The specific remedies available to you will depend on the nature of the harm and the facts of your case. Damages in a business torts case can include:

Compensatory damages: Compensatory damages are meant to reimburse you for actual financial losses, such as lost profits or the cost of repairing your reputation.
Punitive damages: In cases where the defendant acted with extreme malice or recklessness, the court may award punitive damages to punish the wrongdoer and deter others from similar conduct.
Injunctions: A court can issue an order requiring the defendant to stop their harmful actions, such as ceasing the use of your trade secrets.
Attorneys’ fees: In some specific instances, such as certain statutory violations, you may be able to recover the costs of your legal representation.

The legal process in a business torts case often provides a framework for resolving disputes. This may include court-ordered mediation. The mediation process allows parties to attempt to negotiate a settlement before going to court. I will work closely with you to identify the full extent of your damages. My priority is to pursue the remedies that best support your business goals and long-term stability.

How Long Do You Have To File A Business Torts Claim In New Jersey?

In New Jersey, for most business torts, such as fraud, tortious interference and unfair competition, you generally have six years from the date the harm occurred to file your claim. However, some specific claims have much shorter deadlines. For example, trade libel and defamation claims typically must be filed within one year of the statement being made.

If you are filing a claim against a government entity, the rules change significantly. Under the New Jersey Tort Claims Act, you may only have 90 days to provide a formal notice of your claim. Because these deadlines are strict and missing them can bar you from recovery forever, you should contact me as soon as you suspect a problem.

How Long Does A Business Torts Case Take?

The duration of a business torts case varies depending on the complexity of the issues and the cooperation of the parties involved. A relatively straightforward case might resolve in several months through negotiation or early mediation. However, complex litigation involving extensive discovery, expert witnesses, and a full trial can take two years or longer.

Factors like the court’s schedule and the volume of evidence also play a role in the timeline. I understand that you want to move past legal disputes and focus on your business. I will work as efficiently as possible, while providing quality representation.

Proven Case Results For Business Torts Claims

I have a reputation for protecting businesses in New Jersey through aggressive and strategic litigation. Here are a few examples of how I have successfully represented clients in complex business tort matters:

Xenosep Technologies: In this matter, I secured a jury verdict exceeding $6.3 million for my client. The case involved allegations of breach of contract alongside violations of the Lanham Act and the New Jersey Trade Secrets Act regarding the unauthorized use of trademarks and proprietary information.
King Transcription: I successfully defended my clients against claims of misappropriation of trade secrets and tortious interference. I obtained a summary judgment dismissing all counts. In addition, I secured an order for the plaintiff to reimburse my clients for attorneys’ fees and litigation costs.
LKLJ Corp: I provided representation in a multimillion-dollar lawsuit involving several complex claims. These included breach of fiduciary duty, fraud and tortious interference with a prospective economic advantage.

Learn more about me and my history as a lawyer serving the New Jersey business community. With over two decades of experience as a business litigation attorney in Morristown, I offer highly effective counsel and advocacy in business torts cases.

Contact A Morristown Business Torts Attorney Today

From my Morristown office, I offer representation for businesses throughout New Jersey in business tort lawsuits. I am available by appointment to discuss your case and help you evaluate your options. To contact me, call 973-813-7227 to schedule a one-hour consultation. You can also reach out to me by sending me an inquiry through my website.