Tortious interference protects the relationships that make a business work — contracts, customer pipelines, and prospective deals. The same conduct can support a contract claim, a tort claim, and an injunction motion in the same lawsuit, which makes pleading discipline matter from the first draft.
What this practice area covers
Common tortious-interference claims Dane handles
- Interference with an existing contractual relationship
- Interference with prospective economic advantage or business expectancy
- Competitor poaching of customers or employees beyond fair-competition limits
- Industries: professional services, commercial real estate, construction, technology
- Defense — privilege of fair competition, justification, no improper means
- Punitive-damages exposure under NRS 42.005
- TRO and preliminary-injunction practice when the interference is ongoing
Approach
The line between competition and interference
Nevada (and California) recognizes a privilege of fair competition. A competitor is generally allowed to take your customers and employees if it doesn’t use improper means — fraud, misrepresentation, threats, defamation, or violation of an agreement. The case turns on whether the conduct crossed the line into intentional and improper interference.
Dane has prosecuted and defended these claims in industries from professional services to commercial real estate. They almost always travel with companion claims — breach of contract against the customer, trade-secret misappropriation against the competitor, or both. See our Trade Secret and Non-Compete pages.
Frequently Asked Questions
Tortious interference — frequently asked questions
What is tortious interference under Nevada law?+
A civil claim against someone who intentionally and improperly disrupts an existing contract or a prospective business relationship. Nevada recognizes both interference with existing contracts and interference with prospective economic advantage. Damages can include lost profits, lost opportunity, and — with malice — punitive damages.
What are the elements of tortious interference with contract in Nevada?+
(1) A valid and existing contract; (2) the defendant’s knowledge of the contract; (3) intentional acts by the defendant intended or designed to disrupt the contract; (4) actual disruption of the contract; and (5) resulting damages. Nevada follows Restatement (Second) of Torts §766.
Can I sue a competitor for taking my customers?+
Only if the competitor used improper means — fraud, misrepresentation, threats, defamation, or violation of an enforceable agreement. Pure competitive solicitation, even of long-standing customers, is generally privileged in Nevada.
Is interference with prospective economic advantage harder to prove than interference with contract?+
Yes. Prospective-advantage claims require an existing economic relationship with the probability of future benefit, plus the same intentional and improper conduct elements. Speculative or merely possible deals don’t qualify.
What’s the statute of limitations for tortious interference in Nevada?+
Four years for interference with contract under NRS 11.190(2)(c). The discovery rule generally applies — the clock runs from when the plaintiff knew or should have known of the interference.