Someone Is Contacting My Clients and Trying to Steal My Business — What Can I Do?
Someone Is Contacting My Clients and Trying to Steal My Business — What Can I Do?
Discovering that a former employee, partner, or competitor is actively reaching out to your clients and trying to take your business is one of the most alarming situations a business owner can face. The good news is that New York and New Jersey law provide real remedies — including emergency court orders that can stop the conduct immediately. The bad news is that time matters enormously. Here is what you need to know, and why you should call an experienced business disputes lawyer before you do anything else.
What Legal Claims May Apply
Depending on the facts, several legal theories may be available to you:
Breach of a non-solicitation agreement. If the person soliciting your clients is a former employee or business partner who signed a non-solicitation agreement, they may be in direct breach of a contractual obligation. Non-solicitation agreements prohibit a former employee or partner from reaching out to the company’s clients or customers for a defined period after their departure. If you have a signed agreement, this is your strongest and most direct claim.
Breach of a non-compete agreement. If the person is not just soliciting your clients but actually operating a competing business in violation of a non-compete agreement, that is a separate and potentially more serious breach. Non-competes are enforceable in both New York and New Jersey, subject to reasonableness requirements — the scope, duration, and geographic limits must be reasonable under the circumstances.
Tortious interference with business relations. Even if there is no written agreement, intentionally interfering with an existing business relationship may give rise to a tortious interference claim. If a competitor or former associate is deliberately targeting your clients with false or misleading information — or using improper means to induce them to terminate their relationship with you — you may have a claim even without a signed non-solicitation agreement.
Misappropriation of trade secrets. If the person used your confidential client list, pricing information, or business strategies to solicit your clients, there may be a trade secret misappropriation claim in addition to any contract claims. Both New York and New Jersey have adopted versions of the Uniform Trade Secrets Act.
Breach of fiduciary duty. If the person was a partner, officer, or director of your company, they may owe fiduciary duties — including a duty of loyalty — that prohibit soliciting your clients even in the absence of a written agreement. This is particularly relevant in partnership disputes and business divorce situations.
Why Time Is Critical
In cases involving ongoing client solicitation, time is your enemy. Every day that passes without legal action is another day the other party can entrench their relationships with your former clients, poach additional employees, and cause damage that is increasingly difficult to reverse. Courts are more likely to grant emergency injunctive relief — a temporary restraining order or preliminary injunction stopping the conduct immediately — when the plaintiff acts quickly. Delay can be interpreted as evidence that the harm is not truly urgent, making emergency relief harder to obtain.
Call a business disputes lawyer as soon as you become aware of the conduct. Do not send your own demand letter first, do not confront the person directly, and do not post about it on social media. Each of these actions can complicate your legal position. Let your lawyer assess the situation and advise on the right first move.
What to Do Right Now
Document everything. Gather every piece of evidence of the solicitation — emails, text messages, social media posts, client complaints or notifications, and any witness accounts. Preserve this evidence immediately and do not delete anything.
Find and review any written agreements. Locate every agreement signed by the person — employment agreement, non-compete, non-solicitation, confidentiality agreement, operating agreement, or shareholder agreement. Your lawyer needs to see all of these before advising on your options.
Identify affected clients. Make a list of the clients who have been contacted or who have left. This will be relevant to calculating damages and to demonstrating the scope of the harm to a court.
Call a lawyer. This situation calls for immediate legal advice. An experienced business disputes lawyer can assess your claims, advise on whether emergency relief is available, draft a cease and desist letter, and file for injunctive relief if necessary — all within a timeframe that matches the urgency of the situation.
If someone is soliciting your clients or employees in violation of a contract or New York and New Jersey law, contact Russo Law LLC immediately for a consultation.
Frequently Asked Questions — Client Solicitation and Business Theft in NJ and NY
Can I get a court order to stop someone from contacting my clients?
Yes — if you can demonstrate a likelihood of success on your underlying claim and that you are suffering irreparable harm, a court can issue a temporary restraining order (TRO) or preliminary injunction prohibiting the conduct immediately. Acting quickly is essential — courts are more likely to grant emergency relief when the plaintiff moves promptly after discovering the conduct.
Do I need a written non-solicitation agreement to have a claim?
Not necessarily. Even without a written agreement, tortious interference claims, breach of fiduciary duty claims, and trade secret misappropriation claims may be available depending on the facts. However, a written non-solicitation agreement significantly strengthens your position and makes emergency relief more accessible.
Are non-solicitation agreements enforceable in New Jersey?
Yes. New Jersey courts enforce non-solicitation agreements that are reasonable in scope and duration. Unlike non-competes — which are subject to stricter scrutiny — non-solicitation provisions that are narrowly tailored to protect legitimate business interests are generally enforceable. Your lawyer can assess whether your specific agreement is enforceable and advise on your options.
Disclaimer
The legal and business issues discussed in this post vary depending on the specific facts and circumstances of each situation. The legal and business issues discussed in this post vary depending on the specific facts and circumstances of each situation. This corporate lawyer blog post is for informational purposes only and does not constitute legal advice. It is not an offer for Russo Law LLC to represent any party, nor does it create an attorney-client relationship. No action or inaction should be taken based on the information provided without seeking professional legal counsel. This post is intended for businesses in New York and New Jersey. It may not reflect laws in other jurisdictions.
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