This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary duty, insurance torts, breach of the duty of good faith, deceptive marketing, commercial disparagement, misappropriation, trade secrets, trademark infringement, antitrust, and civil RICO. The book also covers important state, federal, and model provisions, including the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Restatement of the Law of Liability Insurance, the Lanham Act, the Uniform Trade Secrets Act, and the Defend Trade Secrets Act. The authors have included numerous questions and problems to further students’ thinking on more complex topics. The comprehensive Teacher's Manual answers every question and problem contained in the book.

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 04/24/2023

Colin P. Marks, St. Mary's University School of Law

Douglas K. Moll, University of Houston Law Center


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1. Extensive discussion of the Restatement (Third) of Torts: Liability for Economic Harm (2020) and the Restatement of the Law of Liability Insurance (2019).

2. Additional material has been added to the breach of fiduciary duty chapter, including a new case and notes.

3. Important updates have been made in the Trade Secrets chapter to reflect the passage of the Defend Trade Secrets Act of 2016.

4. Updates to the Trademark chapter to reflect Supreme Court decisions affecting scandalous and disparaging marks.

Learn more about this series.