LITIGATION PRACTICE

Disputes are simply a cost of doing business.  Our firm recognizes that the legal costs associated with these disputes can often be an enormous drain on the financial and human resources of a business.  We focus on developing practical and efficient strategies to limit legal expenses to achieve the client’s goal whether it is minimizing liability or maximizing return.  Our attorneys have expertise in a broad range of business-related areas of law, and years of experience in every phase of business disputes.

AREAS OF LAW

Business Torts
Businesses can encounter any number of business related torts such as fraud, conversion and conspiracy.  Understanding the key elements to these claims and their defenses permits our attorneys to give practical advice about bringing or defending an action on these issues.

Commercial
Many business transactions are governed by the California Commercial Code, which regulates sales, banking deposits, warehousing, secured interests and other basic elements of business.  Our attorneys have years of experience advising clients on the liabilities and defenses specific to these codes as well as claims related to a specific agreement.

Construction
Construction disputes often involve an understanding of mechanic’s lien’s, government contracts, relationships between sub and general contractors, product liability and other business torts.  Our attorneys are familiar with the unique combination of issues that construction disputes present.  We provide counseling on actual disputes and advice on how to structure contracts and business relationships to avoid disputes.

Contracts
Contracts are the center of most business.  Every agreement, whether in writing or oral, between two or more parties is considered a contract.  Our attorneys have experience with numerous types of business contracts and how to enforce them.

Debt Collection
In every business, the process of getting customers, clients or other parties to pay their bills can be a frustrating and necessary part of doing business.  Our attorneys are familiar with numerous debt collection practices, including writs of possession and attachment, and the many ways that companies enforce and avoid debts- we can advise clients on the most cost-effective strategy on these issues, including litigation and debt work-outs.  Our attorneys have experience representing creditors in both State and Bankruptcy Court.

Employment
Businesses of all sizes have employees.  Our attorneys advise businesses on the policies and procedures necessary and appropriate to their size.  We also have significant experience working with clients to determine whether they need to treat individuals as employees or independent contractors; salaried or hourly; or other distinctions that can create liability exposure.  We assist with investigations regarding disputes and complaints, and we are able to advise about an employer’s liability exposure based on the circumstances.  We have experience preparing, negotiating and enforcing a variety of employment agreements.  Finally, we have significant litigation experience in many areas of employment law.

Intellectual Property
Protecting and profiting from intellectual property is critical to many businesses, even “low tech” businesses.  Our attorneys have practiced in state and federal court, enforcing intellectual property rights and defending clients against claims of infringement.

Landlord/Tenant
Commercial and residential properties have a wide range of laws, regulations and requirements concerning landlord/tenant rights that are often strictly applied.  Our attorneys are familiar with the many rules concerning landlord/tenant rights in both contexts, and we have experience bringing and defending actions related to these rights.

Real Estate
Real Property law includes ownership, easement, border, construction and other types of property related disputes.  Our attorneys have addressed and often litigated these issues.

PHASES OF DISPUTES

Dispute Avoidance
Our attorneys understand that often the best way to win a dispute is to keep it from happening.  Other times, we subscribe to the tenet that the best defense is an offense.  We conduct contract reviews and counsel during negotiations to create arrangements that discourage disputes.  We also assist with issues such as employee handbooks and other business practices that are ‘hot spots’ for disputes.  By suggesting some basic preventative strategies, we are able to guide our clients to avoiding costly future problems.

Pre-Dispute Consultation
When entering into agreements and determining business strategies, clients should always consider the possibility that disputes could arise. Our firm consults with clients on these concerns and provides practical advice and alternatives that anticipate future issues.

Pre-litigation strategy
When a dispute appears to be heading towards litigation, we work with clients to gather evidence and engage in communications that may resolve the matter short of litigation.  We discuss with clients the alternatives presented in terms of forum, timing and responses.

Bankruptcy
Bankruptcy is an economic reality for many businesses.  Our attorneys have experience representing clients dealing with a debtor in bankruptcy, and are familiar with the unique bankruptcy rules and regulations.

Litigation
Planning the most effective and efficient strategy for cases filed in state, federal or bankruptcy court requires a clear understanding of the business risks and implications of litigation. Our firm works with clients to determine the best litigation approach, evaluating both possible outcomes and the cost in time and resources to reach them. As a tool to resolve an existing dispute, clients involved in litigation need to be provided with both clear, realistic options to best decide how to proceed and the skilled implementation of this strategy. Our clients can be confident that they are making informed decisions, which will be carried through by experienced litigators.

Alternative Dispute Resolution
Businesses are experienced in negotiation, but many disputes involve a break-down in communication. Short of litigation, which is inherently costly, time-consuming and risky, numerous options exist to facilitate a settlement. Our firm is experienced in the initiation of alternative dispute resolution efforts, including mediation and arbitration, and in the effective representation of clients throughout these processes.