Hurwitz Sagarin Slossberg & Knuff LLC | Unfair Competition & Misappropriation of Trade Secrets
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Timothy C. Cowan
Erica O. Nolan
Julie Pinette
David A. Slossberg

Unfair Competition & Misappropriation of Trade Secrets

Hurwitz Sagarin Slossberg & Knuff’s attorneys represent individuals, businesses, and classes in a broad range of complex cases involving unfair and deceptive trade practices. Much of our work in this area is referred by other attorneys who know HSSK’s accomplished reputation for handling sophisticated, high-stakes matters and achieving favorable outcomes for clients alleging violations of the Connecticut Unfair Trade Practices Act (CUTPA).

Understanding the Connecticut Unfair Trade Practices Act
Initially adopted by the Connecticut State Legislature in 1973, CUTPA is a broad statute that protects consumers and businesses from unfair or deceptive trade practices. The statute allows any person or company that suffers a measurable loss as a result of an unfair or deceptive act prohibited by CUTPA to bring an action to recover that loss. Further, the statute expressly contemplates and permits the use of class actions to obtain both monetary and injunctive relief on behalf of groups of people or businesses that have been harmed by unfair or deceptive acts or practices.

The statute was purposely drafted to be open ended, allowing for the evolution of the causes that could be brought and remedies that could be granted under the Act.

CUTPA applies to unfair or deceptive trade practices that occur within the State of Connecticut, regardless of where the plaintiff or defendant resides.

HSSK’s Role in CUTPA Law and Litigation
Over the past five decades, HSSK has been intimately involved in CUTPA developments and trends. For more than 30 years, late partner David Belt served as one of the original authors of the CUTPA Business Torts and Anti-Trust Treatise, a preeminent resource for legal practitioners that provides in-depth analyses and guidance on the scope, application, and litigation strategies concerning CUTPA, business torts, and anti-trust laws in Connecticut. HSSK attorneys continue to co-author the Treatise. 

Our attorneys have also been at the forefront of CUTPA litigation in both federal and state courts, helping to level the playing field for individuals and businesses harmed by unfair trade practices due to an imbalance of power.

HSSK’s Leadership in the Development of CUTPA
Notably, in 2008, the firm persuaded the Connecticut Supreme Court to affirm the act’s applicability to business class actions when some 500 Connecticut auto body shops alleged CUTPA violations against a major automotive insurance company.

HSSK lawyers also prevailed in that case by defeating the first significant challenge to the application of the so-called “Cigarette Rule” under CUTPA in nearly 40 years, which prevented the narrowing of claims that could be brought under the statute.

HSSK has twice appeared before the Connecticut Supreme Court to address the scope of the court’s holding in Acordia, which examined whether CUTPA applies to the conduct of insurance companies. The courts continue to refine the line between conduct that falls outside the scope of the Connecticut Unfair Insurance Practices Act (CUIPA)—but is still actionable under CUTPA—such as how insurance companies interact with vendors, auto repair shops, and others in ways that do not constitute the "business of insurance."

Expanding CUTPA: The Soto v. Bushmaster Decision
HSSK’s deep understanding of the nuances of CUTPA has been particularly relevant in the wake of the 2019 Connecticut Supreme Court landmark decision in Soto v. Bushmaster Firearms International, LLC, which stemmed from the tragedy at Sandy Hook Elementary School.

The court has expanded the law’s scope, holding that a direct business relationship between parties is not required for a plaintiff to bring a claim under CUTPA. The Soto case also established that personal injuries are a type of harm recognizable under the statute.  The boundaries of CUTPA’s expansion continue to be tested in the courts, including in cases handled by HSSK.

Broad Range of CUTPA Matters
HSSK’s Unfair and Deceptive Trade Practices group is led by Partner David A. Slossberg, a widely respected trial attorney with over three decades of experience. David, along with attorney Timothy Cowan, is a co-author of the CUTPA Business Torts and Anti-Trust Treatise and  lectures on CUTPA before the Connecticut State Bar Association.

Among the high-stakes, complex CUTPA matters the team handles are:
  • Misappropriation of trade secrets, trade dress, and trademarks
  • False advertising and deceptive marketing
  • Other types of conduct constituting unfair competition
  • Insurance bad faith and other violations of CUIPA
  • Class actions
Remedies Available Under CUTPA
In addition to recovering compensatory damages, plaintiffs who successfully bring a claim under CUTPA may also be awarded:
  • Punitive damages:
    • If the conduct constitutes an intentional and wanton violation of the plaintiff’s rights and/or was done with reckless indifference to those rights.
    • If the conduct was and done with reckless disregard for the injured party’s rights.
  • Attorneys’ fees as the prevailing party.
  • Injunctive relief to halt conduct that violates the statute.