At Fox & Moghul, we specialize in litigating complex business conspiracy cases under Virginia Code Section 18.2-499, which protects individuals and businesses from malicious interference in their trade, reputation, or business practices. Business conspiracy claims are a powerful legal tool, allowing victims to recover significant damages, including treble damages (three times the actual damages sustained), costs of litigation, and attorney’s fees.
Virginia Code Section 18.2-499 defines business conspiracy as an agreement between two or more persons to willfully and maliciously injure another in their reputation, trade, or business. This could involve any intentional act designed to harm a business’s operations or compel an individual to act against their will. To succeed in a business conspiracy claim, the plaintiff must show that the defendants acted with malicious intent to harm the plaintiff’s business.
Successful litigants in a business conspiracy case can recover treble damages, which means the court will triple the actual damages sustained by the plaintiff as compensation for the malicious conduct. Virginia courts take business conspiracy claims seriously, particularly when the misconduct has a broad and lasting impact on the victim’s business.
In addition to business conspiracy, common law civil conspiracy also offers legal recourse. As defined in Commercial Business Systems, Inc. v. Bellsouth Services, Inc., 249 Va. 39, 453 S.E.2d 261 (1995), common law conspiracy occurs when two or more individuals combine to achieve an unlawful objective or use unlawful means to achieve a lawful objective. Unlike business conspiracy, common law civil conspiracy can apply outside of the business context, offering remedies for any concerted action aimed at causing harm through illegal or wrongful acts.
Business conspiracy claims often arise in various commercial contexts, including:
Common law civil conspiracy typically involves cases such as:
At Fox & Moghul, we have successfully litigated numerous business conspiracy cases, securing favorable outcomes for our clients. Our attorneys use a strategic approach to demonstrate the malicious intent behind the conspiracy, gathering evidence that proves the defendants’ concerted actions to harm our clients’ businesses.
We also represented a small technology company in a business conspiracy case where a group of former employees conspired to steal confidential information and poach key clients. Our legal team successfully demonstrated that the defendants acted with malicious intent to harm the company’s business, resulting in significant financial damages. We secured a substantial settlement and attorney’s fees, restoring our client’s business operations and financial stability.
Business conspiracy claims are subject to stringent legal standards. To succeed, the plaintiff must show:
Defendants in a business conspiracy claim may raise several defenses, such as lack of intent, truth of statements, or claiming the actions were taken for legitimate business reasons. At Fox & Moghul, we have a deep understanding of these defenses and counter them with well-prepared litigation strategies, ensuring our clients’ cases remain strong.
If you believe your business has been the victim of a business conspiracy or civil conspiracy, contact Fox & Moghul today at 703-652-5506 to schedule a consultation. Our team of experienced business litigators will evaluate your case, develop a comprehensive strategy, and fight to protect your business interests in court.