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Business and Corporate Litigation

Comprehensive Legal Services for Business and Corporate Disputes

Our Expertise in Business and Corporate Litigation

We practice in California federal and state courts, prosecuting claims for plaintiffs and defending parties against claims. Unlike many law firms, we do not represent only plaintiffs or only defendants—the firm also represents non-party witnesses, such as businesses subpoenaed for information or those dragged into government investigations. Our experience working on many sides of disputes informs our ability to analyze matters from various angles and anticipate the adversary’s decision making and goals. We handle cases through all phases of their life cycle: from pre-filing strategies, negotiation, and analysis, to provisional remedies such as preliminary injunctions and writs of attachment, preparing and challenging the pleadings, into heavy discovery, onto law and motion practice and case management, often to settlement, sometimes through trial and into post-trial motions and judgment enforcement.

Protect Your Business and Assets with Proven Legal Expertise.

Our services are transparent, efficient, and tailored specifically to each client’s needs. We don’t handle cookie cutter cases—most of our work involves complex and often novel claims, defenses, and legal issues. We value our integrity and the honest analysis of the facts and law. We develop practical solutions aimed at settling matters before making significant investments in the case. If that is not possible, however, then we vigorously and strategically advance our clients’ interests and artfully present their cases at trial to maximize the best possible outcomes.

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Business and Corporate Litigation Service Include

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Contract Disputes

Contract disputes encompass issues arising from the failure to fulfill contractual obligations. These can significantly impact businesses and individuals, leading to financial losses and damaged relationships. Breach of contract occurs when one party does not perform as promised in the agreement. Breach of warranty involves a failure to meet the terms of a promise regarding the quality or performance of goods. Commercial disputes under the Uniform Commercial Code (UCC) pertain to the sale of goods and commercial transactions, focusing on standardized regulations to ensure fair dealing. Interference with contract and economic advantage occurs when a third party intentionally disrupts an existing contract or business relationship, causing economic harm.

Our services in this area include:

  • Breach of Contract: Occurs when one party does not perform as promised in the agreement.
  • Breach of Warranty: Involves a failure to meet the terms of a promise regarding the quality or performance of goods.
  • Commercial Disputes; Uniform Commercial Code (UCC) Claims: Pertains to the sale of goods and commercial transactions, focusing on standardized regulations to ensure fair dealing.
  • Interference with Contract and Economic Advantage: Occurs when a third party intentionally disrupts an existing contract or business relationship, causing economic harm.
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Defamation and Related Claims

Defamation and related claims, which involve harm to reputation and economic interests due to false statements, can have severe consequences. These claims can significantly impact personal and business reputations, leading to financial loss or legal complications. Defamation, for instance, entails making false statements about an individual or entity that damage their reputation. Trade libel, a specific form of defamation, involves false statements about the quality of goods or services, which can harm a business’s economic interests. Slander of title, another type of defamation, pertains to false statements that disparage a party’s property ownership, be it real estate, intellectual property, or business equity, leading to financial loss or legal complications.

We handle:

  • Defamation: Involves making false statements about an individual or entity that damage their reputation.
  • Trade Libel: A defamation specific to false statements about the quality of goods or services harming the business’s economic interests.
  • Slander of Title to Assets: Pertains to false statements that disparage a party’s ownership of property, whether real estate, intellectual property, or business equity, leading to financial loss or legal complications.
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Fraud and Misappropriation

Defamation and related claims address harm to reputation and economic interests due to false statements. These claims can severely impact personal and business reputations. Defamation involves making false statements about an individual or entity that damage their reputation. Trade libel is a form of defamation specific to false statements about the quality of goods or services harming the business’s economic interests. Slander of title pertains to false statements disparaging a party’s property ownership, whether real estate, intellectual property, or business equity, leading to financial loss or legal complications. We handle:

  • Defamation: Involves making false statements about an individual or entity that damage their reputation.
  • Trade Libel: A form of defamation specific to false statements about the quality of goods or services harming the business’s economic interests.
  • Slander of Title to Assets: Pertains to false statements that disparage a party’s ownership of property, whether real estate, intellectual property, or business equity, leading to financial loss or legal complications.
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Fraud and Misappropriation

Fraud and misappropriation involve deliberate deception and unauthorized use of property. These acts can lead to significant financial and reputational damage. Fraud involves deliberate deception to secure unfair or unlawful gain. Corporate fraud encompasses deceptive practices by a corporation or its executives, often to manipulate financial statements or conceal liabilities. Financial fraud includes schemes like embezzlement or insider trading that result in monetary loss. Commercial fraud involves deceitful practices in business transactions, such as false advertising or misrepresenting products or services. Misappropriation refers to the unauthorized use of funds or property for personal gain. Our expertise includes:

  • Fraud, Concealment, and Misappropriation: Deliberate deception to secure unfair or unlawful gain and unauthorized use of funds or property.
  • Corporate Fraud: Deceptive practices by a corporation or its executives to manipulate financial statements or conceal liabilities.
  • Financial Fraud: Schemes like embezzlement or insider trading that result in monetary loss.
  • Commercial Fraud: Deceitful practices in business transactions, such as false advertising or misrepresentation of products or services.
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Breach of Duties and Liabilities

Breach of duties and liabilities involve failures in trust and responsibility. These breaches can lead to legal consequences and financial losses. Breach of fiduciary duties occurs when someone in a position of trust fails to act in the best interests of those they owe the duty to, often seen in corporate governance. Breach of the implied obligation of confidence involves unauthorized disclosure or misuse of confidential information. Legal theories like alter ego, successor liability, and de facto merger address situations where individuals or entities are held liable for the actions or obligations of another to prevent fraud or injustice. Agency theories and aiding and abetting claims focus on holding parties accountable for acting on behalf of or conspiring with others in wrongful acts. Vicarious liability and ratification theories involve holding one party liable for the actions of another, typically within the scope of employment or agency relationships. We handle:

  • Breach of Fiduciary Duties: When someone in a position of trust fails to act in the best interests of those they owe the duty to, often seen in corporate governance.
  • Breach of the Implied Obligation of Confidence: Involves unauthorized disclosure or misuse of confidential information.
  • Alter Ego; Successor Liability; De Facto Merger: Legal theories addressing situations where individuals or entities are held liable for the actions or obligations of another to prevent fraud or injustice.
  • Agency Theories and Aiding and Abetting Claims: Holding parties accountable for acting on behalf of or conspiring with others in wrongful acts.
  • Vicarious Liability and Ratification Theories: Holding one party liable for the actions of another, typically within the scope of employment or agency relationships.
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Business and Partnership Disputes

Business and partnership disputes arise from conflicts within business entities. These disputes can significantly impact the functioning and success of a business. Partnership, corporation, and LLC disputes include founders’ disputes, business separations, and “business divorces” where partners or shareholders have irreconcilable differences. Actions against officers, directors, and managers involve holding them accountable for breaches of duty or misconduct. Shareholders’ suits and derivative claims address grievances against corporate management, including allegations of shareholder oppression. The dissolution of corporations, LLCs, and partnerships involves winding up business affairs and resolving financial obligations. Hostile takeovers and aggressive buy-out attempts involve efforts to gain control of a company, often against the wishes of its current management or shareholders. Our services include:

  • Partnership, Corporation, and LLC Disputes: Founders’ disputes, business separations, and “business divorces” where partners or shareholders have irreconcilable differences.
  • Actions Against Officers, Directors, and Managers: Holding them accountable for breaches of duty or misconduct.
  • Shareholders Suits, Derivative Claims, Shareholder Oppression: Address grievances against corporate management, including allegations of shareholder oppression.
  • Dissolution of Corporations, LLCs, and Partnerships: Winding up business affairs and resolving financial obligations.
  • Hostile Takeovers and Aggressive Buy-Out Attempts: Efforts to gain control of a company, often against the wishes of its current management or shareholders.
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Consumer Protection and Unfair Competition

Consumer protection and unfair competition involve safeguarding consumers and businesses from unethical practices. These laws and regulations are designed to ensure fair market practices and protect consumer rights. California’s Consumer Legal Remedies Act (CLRA) safeguards consumers against unfair business practices, such as false advertising and misrepresentation. Unfair competition involves deceptive or unethical business practices by competitors, employees, or former employees aimed at gaining an unfair advantage. Breach of covenants not to compete and non-compete agreements address situations where former employees or business partners violate agreements to refrain from competing against their former employer or business. Solicitation of customers and employees involves efforts to lure clients or staff away from a business, often violating contractual or legal obligations. The use of confidential or proprietary data or trade secrets pertains to unauthorized access or disclosure of a company’s valuable information. False advertising includes misleading or untruthful claims about products or services designed to deceive consumers. Our expertise includes:

  • California’s Consumer Legal Remedies Act (CLRA): Safeguarding consumers against unfair business practices, such as false advertising and misrepresentation.
  • Unfair Competition: Deceptive or unethical business practices by competitors, employees, or former employees to gain an unfair advantage.
  • Breach of Covenants Not to Compete/Non-Compete Agreements: Addressing violations of agreements to refrain from competing against a former employer or business.
  • Solicitation of Customers and Employees: Efforts to lure clients or staff away from a business, often violating contractual or legal obligations.
  • Use of Confidential or Proprietary Data or Trade Secrets: Unauthorized access or disclosure of a company’s valuable information.
  • False Advertising: Misleading or untruthful claims about products or services designed to deceive consumers.
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Indemnity and Conversion

Indemnity and conversion deal with compensation for losses and wrongful possession of property. These issues often arise in business contexts and involve complex legal principles. Indemnity and contribution relate to obligations where one party compensates another for losses or damages incurred, often seen in insurance and contractual agreements. Conversion involves the wrongful possession or control over someone else’s property, treating it as one’s own. Civil theft claims under California Penal Code § 496 address the recovery of property obtained through theft, fraud, or deceit, allowing victims to sue for damages. We cover:

  • Indemnity and Contribution: Obligations where one party compensates another for losses or damages incurred, often seen in insurance and contractual agreements.
  • Conversion: Wrongful possession or control over someone else’s property, treating it as one’s own.
  • Civil Theft Claims under Cal. Penal Code § 496: Address the recovery of property obtained through theft, fraud, or deceit, allowing victims to sue for damages.