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Business Torts: Fiduciaries, Unfair Practices, & Trade Secrets: Introduction


Explore this LibGuide more to learn more about the area of business torts!




This guide has been created by Richard Ramu in support of Professor Diamond's Advanced Legal Research class for Fall 2017. The contents of this guide should not be taken as legal advice or as the work product of Mizzou Law librarians.

Scope and Overview

This Research Guide is intended for those interested in the area of Business Torts. No matter what area of practice you are in, the concept of business torts touches and affects each of us in our daily practice stemming from the fiduciary relationship. This relationship can be with partners in your firm, clients or those within a close position of trust. This guide serves to apprise you to some of the basic common law and statutory causes of action between businesses and/or consumers alike. The guide will specifically focus on theories of recovery through common law arising from the fiduciary relationship, false advertising and trade secret law. 

Business Torts will most most certainly affect each and every one of us whether or not we are in the practice of law. This research guide is an attempt to focus on three that are most relevant to the majority of practitioners and non-lawyers alike: (1) Breach of fiduciary duty stemming from a position of trust, (2) Consumer advertising and unfair practices AND (3) Trade Secrets law. These areas of law can affect for instance (1) an accountant or health provider improperly disclosing clients' information, (2) a whistleblower wanting to disclose a company's deceptive practices without liability, or (3) disclosure of a customer list and information; all of which can fall under the theories of recovery described above. The next few pages will allow you to decide the pros and cons of pursuing such actions. 

The guide is organized with 6 tabs. Tab 2 compiles shared secondary sources including current awareness and practitioner tools. Tab 3 is comprised of various common law cases and scenarios that can give rise to a fiduciary relationship. Tab 4 focuses on False Advertising through the Lanham Act and various state law. Tab 5 is comprised of an explanation of the Defend Trade Secret Act of 2016 and includes a 50 state survey comparison so a prospective plaintiff or defendant can see how favorable or unfavorable their jurisdiction might be in regard to their claims. Tab 6 is comprised some recent pending litigation in regards to these torts.