NYC Business Torts & Fraud Litigation Lawyer
Representing companies and professionals in New York City in business tort and fraud cases, from misrepresentation and unfair competition to breach of fiduciary duty.
Because one fall can change everything
When Misconduct Threatens Your Business
Not all business disputes are simple contract questions. Some involve serious allegations of fraud, misrepresentation, or unfair competition that can threaten reputation, revenue, and future opportunities.
The Law Office of Jesse D. Capell, PLLC handles complex business torts and fraud cases for companies, owners, and professionals. As a NYC commercial litigation attorney, Jesse brings trial experience and a detailed, evidence-driven approach to high-stakes fraud and business tort litigation—whether you’re bringing claims or defending against them.
What Are Business Torts and Fraud?
Understanding Business Torts & Fraud Claims
Business torts are wrongful acts in the commercial context that cause economic harm beyond straightforward breach of contract. Fraud is a specific kind of business tort involving intentional misrepresentation or concealment of important facts.
Common elements in these cases include:
- Misleading statements or omissions about key facts
- Reliance by the other party on those statements
- Financial or business harm caused by that reliance
- In some cases, intentional or reckless misconduct
These claims can arise between contract parties, competitors, co-owners, or third parties—and often overlap with contract disputes and partnership conflicts.
Common Business Torts & Fraud Claims We Handle
Types of Business Torts & Fraud Cases
We represent clients in a range of business tort and fraud matters, including:
- Fraud & Fraudulent Misrepresentation: Claims that a party knowingly made false statements or concealed important facts to induce a contract, investment, or other business action.
- Negligent Misrepresentation: Cases where a party made inaccurate statements without reasonable care, leading others to rely on them to their financial detriment.
- Breach of Fiduciary Duty: Claims against officers, directors, partners, or others in positions of trust who misused company assets, diverted opportunities, or put personal interests ahead of the business.
- Tortious Interference with Contract or Business Relations: Lawsuits against third parties who intentionally and improperly interfered with existing contracts or prospective business relationships.
- Unfair Competition & Business Defamation: Cases involving unfair or deceptive practices, misuse of confidential information, or false statements that damage a business’s reputation in the marketplace.
- Conversion & Misappropriation of Business Assets: Claims involving misappropriated funds, stolen intellectual property, or improper use of company property or data.
Our Approach to Business Tort & Fraud Litigation
Evidence-Driven Strategy for Complex Claims
Business tort and fraud cases are often fact-intensive and document-heavy. Our approach typically involves:
- Initial Risk & Exposure Assessment: We evaluate potential claims or defenses, identify key legal issues, and discuss business goals and risk tolerance.
- Document & Data Collection: We gather contracts, emails, financial records, marketing materials, internal policies, and other documents that may show misrepresentations, omissions, or improper conduct.
- Witness Interviews & Investigation: We speak with key employees, partners, vendors, or customers who have firsthand knowledge of what was said, promised, or done.
- Legal Strategy & Claim Development:
We decide which claims (or defenses) best fit the facts—fraud, negligent misrepresentation, breach of fiduciary duty, tortious interference—and how they interact with any contract claims.
- Negotiation, Litigation & Trial: Depending on the case, we may pursue settlement, mediation, or proceed through full litigation and trial. Fraud and business tort cases can be aggressive; we prepare accordingly.
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Why Clients Choose Our Business Fraud Lawyer
Trial-Focused Commercial Litigator
Fraud and business tort cases often involve serious accusations on both sides. Our trial-oriented approach is designed to withstand aggressive defense (or prosecution) of claims.
Attention to Detail
These cases can turn on small details—one email, one meeting note, one spreadsheet. We pay close attention to the record, building timelines and narratives that make complex fact patterns understandable.
Strategic Use of Claims
We look at how business tort claims interact with contract and partnership disputes, using the right mix of causes of action to maximize leverage while staying grounded in the evidence.
Balanced Evaluation of Risk
Fraud allegations can escalate quickly and carry reputational risk. We help you weigh the benefits and costs of each path—settlement, litigation, or alternative resolutions.
Representing Plaintiffs and Defendants
We handle both sides of business tort and fraud disputes, which gives us insight into how opposing counsel may approach the case and where pressure points are likely to be.
Business Torts & Fraud FAQ
What is the difference between breach of contract and fraud?
A breach of contract is failing to do what a contract requires. Fraud involves intentionally misrepresenting or hiding important facts to induce someone to act—often before a contract is formed or in connection with its performance. Some cases involve both breach of contract and fraud, but they require different elements of proof.
Can I sue for fraud and breach of contract at the same time?
Often, yes. Many cases involve both contract and tort claims. However, courts scrutinize fraud claims closely and may not allow them if they simply repeat the contract allegations in different language. We evaluate carefully which claims to bring based on your facts and goals.
What damages are available in business tort and fraud cases?
Potential damages can include lost profits, out-of-pocket losses, diminished business value, and sometimes punitive damages in egregious fraud cases. The specific remedies depend on the claims and the evidence.
How hard is it to prove business fraud?
Fraud claims require detailed proof of misrepresentations, knowledge or recklessness, reliance, and damages. They can be challenging but are often viable when documents and witnesses clearly show false statements or concealment. We help you assess the strength of potential claims or defenses early.
What if my business is accused of fraud?
Take the allegations seriously and seek legal counsel promptly. We can help you respond to demand letters, negotiate where appropriate, and defend against lawsuits, while working to protect your reputation and future opportunities.
Do business tort cases always go to trial?
No. Many are resolved through settlement or mediation once the parties understand their risks. However, the possibility of trial is real in these disputes, and we prepare accordingly.
Related Commercial Litigation Services
Commercial Litigation
High-level overview of the firm’s commercial litigation work.
Contract Disputes & Breach of Contract
Contract-focused disputes that may overlap with fraud or misrepresentation.
Partnership & Shareholder Disputes
Internal disputes that often involve breach of fiduciary duty or diversion of opportunities.
Contact Us
Need Help with a Business Torts or Fraud Dispute?
If you’re considering bringing a business fraud claim—or your company is facing serious allegations—you don’t have to manage it alone. Our Brooklyn commercial litigation firm can help you understand your risks, your options, and the best path forward for your business.