Services Unfair Trade Practices Defense

Unfair trade allegations are serious threats for businesses across virtually every industry, and financial exposure can be significant. The Federal Trade Commission Act (FTCA) prohibits unfair methods of competition and deceptive acts in commerce while the Louisiana Unfair Trade Practices Act (LUTPA) extends those protections to give parties a direct cause of action for losses allegedly caused by unfair or deceptive conduct. Claims from competitors, customers, vendors, and business partners often include fraud, misrepresentation, deceptive advertising, trade secret misappropriation, anticompetitive behavior, and breach of good faith in commercial dealings.

Kean Miller defends businesses against unfair trade practices claims in state and federal courts, as well as in arbitration and mediation. Our multi-disciplinary litigation team brings deep knowledge of the LUTPA, the FTCA, the Lanham Act, and related state and federal statutes to every engagement. We have successfully defended claims involving allegations of fraud, deceptive trade practices, trade secret theft, anticompetitive conduct, and breach of contract intertwined with unfair trade claims.

We collaborate with clients to evaluate matters from multiple perspectives and consider potential risks, reputational impacts, financial considerations, and exit options to guide our decision-making process. We emphasize early case assessment, aggressive motion practice, and the development of litigation strategies that align with each client’s business goals and budgets. We leverage our knowledge and experience with the energy, petrochemical, manufacturing, technology, retail, food and beverage, healthcare, and financial services industries to protect our clients and resolve claims.

Representative Experience

• Representation of a Fortune 50 technology company in an unfair trade practices and breach of contract lawsuit through trial and appeal wherein the plaintiff sought more than $7 billion.
• Representation of a farm and land company in a case wherein the plaintiffs sought over $51 million in damages for alleged unfair trade practices, trade secret violations, and breach of contract. Obtained a complete dismissal on summary judgment.
• Representation of a technology company in an unfair trade practices enforcement action brought by a state attorney general alleging misrepresentation of child protective measures and deceptive marketing practices.
• Representation of a photographer and business owner in claims involving unauthorized use of proprietary images. Leveraged copyright infringement and LUTPA claims to reach a favorable out-of-court settlement.
• Representation of energy companies in cases wherein plaintiffs seek to recover millions in damages for unfair trade practices involving contract negotiations.
• Representation of pharmaceutical companies against unfair trade practice and product liability claims, including allegations of personal injury, defective product design, defective manufacturing, and failure to warn on a variety of products.
• Representation of healthcare providers in defense of Medical Assistance Program Integrity Law and unfair trade practices litigation filed by the Louisiana Attorney General.
• Representation of employees in defending former employer claims of unfair trade practices, tortious interference, breach of confidentiality agreement, and breach of fiduciary duty.
• Mediation of claims of unfair trade practices and trade secrets against former employees and business partners who established a competing business.