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Tortious Interference with Contracts & Economic Expectations: Tools for Attorneys to Navigate Claims, Defend Clients, and Avoid Pitfalls

2025-07-24 13:00:00

2025-07-24 13:00:00

3 Credits

Examines tortious interference claims, covering essential elements, jurisdictional variations, defensive strategies, damages, and practical litigation tactics for attorneys.

2025-07-24 13:00:00

Examines tortious interference claims, covering essential elements, jurisdictional variations, defensive strategies, damages, and practical litigation tactics for attorneys.

2025-07-24 13:00:00

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Trusted by Legal Professionals

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Access to live webinars & recordings

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the core legal elements of tortious interference claims, jurisdictional variations, pleading standards, evidentiary requirements, and strategies for surviving dispositive motions.

What will you gain

Attorneys will gain practical litigation tactics for protecting clients, proving damages with expert testimony, obtaining injunctive relief, and navigating common defenses effectively.

Core Elements
Five essential elements plaintiffs must prove for tortious interference claims.
Jurisdictional Variations
State-specific requirements including Illinois and California breach standards.
Damages
Compensatory, punitive, and consequential damages typically require expert testimony.
Defenses
Competition privilege, lack of knowledge, justification, and independent causation defenses.
Injunctive Relief
TROs and preliminary injunctions can stop ongoing interference early.
Pleading Standards
Specific factual allegations required to survive motions to dismiss.

What will you learn

Attorneys will learn the core legal elements of tortious interference claims, jurisdictional variations, pleading standards, evidentiary requirements, and strategies for surviving dispositive motions.

What will you gain

Attorneys will gain practical litigation tactics for protecting clients, proving damages with expert testimony, obtaining injunctive relief, and navigating common defenses effectively.

Agenda

Session 1

Core Legal Elements of Tortious Interference Claims

Session 2

Protective Strategies and Avoiding Common Legal Pitfalls

Session 3

Judicial Perspectives on Litigation Tactics and Remedies

clock 1:00 pm - 2:00 pm EST

Core Legal Elements of Tortious Interference Claims

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

This session establishes the foundational framework for tortious interference claims, examining the five essential elements: existence of a contract or prospective relationship, interference, intent, causation, and lack of justification. Practitioners will explore jurisdictional variations, the role of actual malice, and critical distinctions between interference with contracts versus business relationships.

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

clock 2:10 pm - 3:10 pm EST

Protective Strategies and Avoiding Common Legal Pitfalls

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

Attorneys will learn strategies for protecting clients from tortious interference claims, including pleading standards, surviving motions to dismiss, and the higher proof burdens for business relationship claims. The session addresses common failures in litigation—from insufficient fact pleading to naming wrong parties—and provides defensive tactics when clients are accused of interference.

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

clock 3:20 pm - 4:20 pm EST

Judicial Perspectives on Litigation Tactics and Remedies

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

A judicial lens examines the critical distinctions between contractual interference and prospective economic advantage claims, including the competition privilege and wrongful means requirements. Participants will explore damages calculations, expert testimony requirements, injunctive relief strategies, and practical considerations for navigating dispositive motions from the bench’s perspective.

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

01 03
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Adam E. Witkov

Michael Best & Friedrich LLP

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

Adam E. Witkov

Michael Best & Friedrich LLP

Adam is an experienced litigator, business attorney, and equity partner at Michael Best & Friedrich LLP. Clients call upon Adam to resolve their most pressing needs inside and outside of the courtroom, and he also serves as outside general counsel to businesses, providing a one-stop concierge solution for all their legal needs.

Recognition & Leadership

Has written on topics relating to tortious interference and is called upon to advise businesses and individuals on this issue at various stages of their disputes.

Experience

Regularly represents businesses, financial institutions, healthcare clients, and high-net worth individuals on a wide range of legal matters. Has successfully litigated, mediated, arbitrated, and settled matters concerning breach of contract, breach of warranty, negligence, misappropriation of trade secrets, breach of fiduciary duty, tortious interference with business expectancy, breach of employment agreement, shareholder disputes, the Lanham Act, false advertising, fraud, misrepresentation, and real estate and land use. Regularly counsels and represents businesses and individuals involving tortious interference claims throughout the country.

Adam E. Witkov

Michael Best & Friedrich LLP

Adam is an experienced litigator, business attorney, and equity partner at Michael Best & Friedrich LLP. Clients call upon Adam to resolve their most pressing needs inside and outside of the courtroom, and he also serves as outside general counsel to businesses, providing a one-stop concierge solution for all their legal needs.

Recognition & Leadership

Has written on topics relating to tortious interference and is called upon to advise businesses and individuals on this issue at various stages of their disputes.

Experience

Regularly represents businesses, financial institutions, healthcare clients, and high-net worth individuals on a wide range of legal matters. Has successfully litigated, mediated, arbitrated, and settled matters concerning breach of contract, breach of warranty, negligence, misappropriation of trade secrets, breach of fiduciary duty, tortious interference with business expectancy, breach of employment agreement, shareholder disputes, the Lanham Act, false advertising, fraud, misrepresentation, and real estate and land use. Regularly counsels and represents businesses and individuals involving tortious interference claims throughout the country.

Hon. Edward A. Jerejian

Cleary Giacobbe Alfieri Jacobs, LLC

Hon. Edward A. Jerejian, P.J.Ch. (Ret.), Chair of the Firm’s Alternative Dispute Resolution Practice, serves as a neutral mediator and arbitrator, helping attorneys and individual parties resolve disputes more efficiently and cost-effectively than through traditional litigation. He is known for his business acumen and ability to simplify complex legal issues by leveraging nearly two decades of judicial experience.

Recognition & Leadership

Has authored numerous opinions that are frequently cited. Was designated by the New Jersey Supreme Court Assignment Order as Acting Assignment Judge.

Experience

Distinguished member of the New Jersey Judiciary for nineteen years. Served nine years in the Bergen County Chancery Division, including almost seven years as Presiding Judge. Also served in the Family and Criminal Divisions. Resolved hundreds of cases during his tenure on the bench, many involving complicated multi-party disputes, and presided over countless trials including some of the most complex and noteworthy cases in the state. Has extensive experience handling business and real estate litigation, including oppressed shareholder suits, dissolution of LLCs, partnerships, and closely held corporations, buyouts, restrictive covenants, trade secrets, breach of contract, legal and equitable fraud, unjust enrichment, quantum meruit, tortious interference, specific performance of real estate contracts, partition of real estate, environmental litigation, construction defects, easements, condos and co-ops, and commercial foreclosure.

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Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
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Why Attend

Why this 
program matters

Understanding tortious interference claims is essential for attorneys to protect business relationships and navigate complex litigation involving intent, causation, and damages.
46%
Contract cases made up the largest category of civil cases in 2023, representing 46% of incoming state court civil caseloads. (National Center for State Courts, 2023)
$160B
Small businesses bore $160 billion of total U.S. tort system commercial liability costs in 2021, despite generating only 20% of business revenue. (U.S. Chamber Institute for Legal Reform, 2023)
$91k
The median cost for small business contract dispute litigation is $91,000 per matter. (RocketLawyer, 2024)
52%
Nuclear verdicts (jury awards exceeding $10 million) increased 52% between 2023 and 2024 in the United States. (Marathon Strategies, 2025)

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