Business Torts and Ch. 93A

Common Unfair Competition and Business Tort Claims in Massachusetts

The fact patterns are predictable, and we know what matters. If you’re searching for help with unfair competition or business torts, you’re usually dealing with conduct that threatens customers, margin, and control over key information. The legal theories vary, but the pressure points are consistent. 

We handle disputes involving: 

• Noncompete and restrictive covenant disputes — including enforcement actions and defense, and fights over solicitation, customer relationships, and confidential information. 
• Trade secret and confidential information disputes — Massachusetts trade secret litigation involving misappropriation, misuse of pricing, proposals, customer lists, and internal strategy. 
• Tortious interference — interference with contract and interference with advantageous business relations, where a competitor or third party disrupts a deal, a project, or a customer relationship. 
• Fraud and misrepresentation claims — tied to contract formation, billing, performance representations, inducement, or concealment. 
• Chapter 93A unfair and deceptive practices claims — including business-to-business Section 11 claims under Massachusetts General Laws Chapter 93A, and defense of Section 11 allegations. 
• Closely held business disputes — involving fiduciary breaches, diversion of corporate opportunity, misuse of company property, and insider misconduct that drives unfair competition claims. 
• False statements and reputational harm — in a commercial context, where the evidence supports business disparagement, unfair competition, or related business tort theories. 

In many cases, the dispute turns on proof issues: What did the other side access? What was actually used? What was communicated to customers? And is there a credible causation story for damages? 

Our Services 

Unfair competition cases are won on evidence. That evidence is often electronic, time-sensitive, and contested. We approach these matters—whether in Boston’s Business Litigation Session, Worcester Superior Court, or other Massachusetts courts—with an early focus on preserving the record, narrowing to provable claims, and selecting remedies that stop the conduct and create leverage. If the case requires emergency relief, we’ll build the record with a temporary restraining order and preliminary injunction strategy in mind from the outset.

Here’s how we help:

Early case assessment

We evaluate unfair competition and business tort claims, including defenses, privilege issues, and the practical standard a judge will apply to injunctive relief. What can you prove? What relief can you actually get?

Evidence preservation and discovery planning

We identify key custodians, data sources, and build a strategy for emails, texts, devices, cloud platforms, and access logs.

Pre-suit strategy

This includes demand letters and Chapter 93A communications when they advance the case and create leverage, even when not required.

Emergency relief in Massachusetts courts

We prepare temporary restraining orders, preliminary injunction motions, expedited discovery requests, and protective order planning for sensitive business information.

Litigation of trade secret, interference, and fraud claims

With a focus on proof, causation, and a damages model that survives scrutiny.

Chapter 93A Section 11 litigation

We identify the specific conduct that a court is likely to view as unfair or deceptive in trade or commerce, and defend against Chapter 93A claims that are used as leverage in ordinary contract disputes.

Damages development and defense

Including lost profits where supported, disgorgement theories where available, and a disciplined approach to mitigation and offsets.

Resolution and settlement documentation

Including enforceable injunctive terms, return and non-use obligations for confidential information, compliance verification, and tailored release language.

We also defend these cases. Many unfair competition and Chapter 93A claims are filed to create disruption or fee exposure. A strong defense often narrows the dispute quickly and forces the case back onto provable facts.

Who We Serve

We represent Massachusetts businesses and executives who need decisive litigation strategy. These clients come to us because the dispute is affecting customers, revenue, or control of sensitive business information. These cases require judgment about speed, proof, and how to pursue relief without creating unnecessary collateral damage.

Our clients commonly include:

• Business owners, founders, and executives confronting competitive harm or reputational risk
• Companies dealing with former employee disputes, noncompete litigation, and trade secret misuse
• Businesses facing interference with contract and interference with business relations in the middle of active deals or ongoing projects
• Closely held companies dealing with insider misconduct and unfair leverage in a commercial setting
• In-house counsel who need outside litigation support with clear budgeting, direct communication, and trial-ready execution

We handle matters across Massachusetts, including Boston, Cambridge, Worcester, and the South Shore, and we tailor the approach to the client’s market reality and risk profile.

The CLP Approach

These cases aren’t won by broad accusations. They’re won by defining the specific acts, connecting those acts to provable harm, and pursuing relief that a judge will grant and enforce.

• First, we build a timeline and lock down key evidence. In trade secret and interference cases, that means documenting access, use, communications, and customer movement—supported by documents that can be authenticated and explained.
• Second, we select claims that match the evidence and support the remedies you actually need. That often includes unfair competition claims, tortious interference claims, trade secret claims under Massachusetts law, and Chapter 93A Section 11 claims when the conduct is unfair or deceptive in a business context.
• Third, we pursue the forum and remedy strategy that fits the stakes. Some matters require immediate court action—a TRO filing in Boston Superior Court to stop ongoing harm. Others call for controlled pre-suit leverage that forces corrective action without unnecessary expense. When injunctive relief is on the table, we’ll build the record and witness plan early so the request is credible.
• Finally, we keep the case aligned with your business objective. Some clients want to stop the conduct and move on. Others need damages and enforceable protections. We litigate with a plan that’s built to win if the case doesn’t settle.

Representative Experience 

For example,we defended a large Massachusetts based company that was expanding its service offering to include recycling waste products from a common consumer good. The company had contracted with a vendor to help develop the new recycling process and service. When the relationship deteriorated, the vendor claimed our client had misappropriated trade secrets in violation of the contract and engaged in unfair competition by colluding with competitors in the recycling space. We developed a comprehensive evidentiary record—including internal development timelines, independent research documentation, and communications with third parties—that contradicted each allegation. The evidence showed our client’s process development was independent, properly sourced, and consistent with the contractual terms. The case resolved favorably through settlement, with our client free to continue its expansion without restrictions.

Talk With a Massachusetts Unfair Competition and Chapter 93A Lawyer

If your business is dealing with unfair competition, trade secret misuse, tortious interference, or a Chapter 93A Section 11 dispute, delay usually helps the other side. A focused review of the facts and key documents can clarify leverage, remedies, and the fastest path to protect the business.

Contact Cole Law Partners, P.C. to discuss your matter and develop a practical litigation plan.