The Harding Law Firm News

Understanding Business Torts

The Harding Law Firm - Tuesday, September 22, 2015


—Tips From a Business Litigation Lawyer

Tort law is a section of the law that covers misconduct, including negligence, personal injury and malpractice. It can also mingle with other areas of the law, such as business or contract law. Business torts are the improper interference or intentional interference with the business of another.

What is important to note about business torts is that they do not require physical injury or damage to a person’s property; instead, they involve an “injury” to the other business. These can include significant losses, such as:

  • Lost business opportunities
  • Loss of clientele
  • Loss of business relationship

Most business torts involve losses that apply to the future instead of losses from the past. Because these are much more complex than personal injury torts, they do require the assistance of a business attorney that has experience in these types of cases.

Common Types of Business Torts

Business torts are rare, but often it is because business owners do not realize that they have a viable case. Some common examples of business torts can include:

  1. Unfair Competition - This is when a company markets a product that is similar to the plaintiff and follows alongside trademark and copyright infringement. These may involve false advertising claims as well.
  2. Wrongful Interference - This is when a company intentionally interferes with a legitimate business interest of another company. This can include contracts that have tortious interference, interfering with a business’s right to earn a living, and interfering with prospective business opportunities of another business.
  3. Computer Torts - More courts are allowing computer torts. This can include the intentional damage to a computer’s hardware or software that negatively impacts the business’s ability to earn profits.
  4. Disparagement - This happens when one party makes false statements regarding a business’s quality of products or services, which then cause a loss for that business. This can include trade libel, slander, etc. False or fake product reviews can also fall under disparagement.

A company that has been damaged by another does have several remedies at their disposal. The most common is monetary damages, which will reimburse the damaged business for their losses and any future losses that may occur because of the defendant’s tortious conduct.

To see if you have a valid business tort, speak with a business attorney. Contact Charles Harding for a free consultation. You can also call us at 518-384-3400.

Comparing Divorce Rates Among Baby Boomers to Other Generations

The Harding Law Firm - Tuesday, September 08, 2015


—Useful Advice from an Albany Divorce Attorney

Baby boomers are entering into retirement age, but along with the higher statistics for retirement also come an increased likelihood of divorce. The sudden increase in baby boomer divorces has now been coined the “gray divorce” as more couples over the age of 50 start divorcing.

According to statistics, baby boomers have always had a higher divorce rate than other generations. This group born between 1946 and 1964 often experience a rate three times higher than their own parents’ generation. Recently, however, the generation has seen a drop in the divorce rate, hovering around 3.5 per 1,000 people versus the peak at 5.3 per 1,000 people in 1981.

Why Divorce Rates Are High for Baby Boomers

Schenectady divorce lawyers see a fair share of clients over the age of 50 entering into a divorce. While the reasons for that divorce can vary, there are some theories as to why baby boomers are more likely to divorce than other generations.

  1. Retirement - As baby boomers enter into retirement, these aging couples are now spending more time with one another. Couples often find out that they share little to no common interests at this point, which is why they often choose to go separate ways.
  2. Women are Financially Independent - Unlike previous generations, baby boomer women often entered the workforce; therefore, they are more likely to be financially independent from their spouse. That means there is no risk for them if they do seek a divorce.
  3. Society - Today, divorces are largely accepted by society, which takes away the negative stigma that once sat over couples that want a divorce. Society has also bred people to have higher expectations for marriage, meaning spouses expect their spouse to be their best friends and the marriage their sole source for happiness. If it is none of those, then they feel they need to move on.
  4. Law - More states are allowing no-fault divorces, which mean couples do not have to have any specific reason for the divorce other than the marriage being irretrievably broken; which means the marriage cannot be repaired.

Financially speaking, divorces after retirement are much more complex and emotionally devastating. For some older couples, they have limited social support and may even experience entire family splits because of their divorce. This is why it is important that divorcing couples meet with an attorney to discuss their options and ensure they are still able to comfortably retire regardless of a divorce.

Speak with an Albany divorce attorney today regarding your divorce. Contact Charles Harding for a free consultation. You can also call us at 518-384-3400