Our business litigation practice covers a broad spectrum of business disputes, including:
- class actions involving (a) securities frauds, (b) real estate syndications and investments, (c) lender accounting practices, (d) dating service statutes, and (e) other statutory class actions;
- real estate disputes including (a) construction and construction defects, (b) subrogation, (c) condominium and single family home tract development projects, (d) partnership and investment, (e) purchase and sale transactions, (f) leases, (g) residential homes and apartment buildings, (h) hotels and commercial buildings, (i) shopping centers, (j) mobile home parks, and (k) brokerage transactions;
- lender related matters including (a) lender liability, (b) floor plan financing, (c) factoring accounting, (d) enforcement of loan obligations against debtors and guarantors, (e) letters of credit, (f) negotiable instruments, (g) conversion and embezzlement, (h) fraudulent conveyances, (i) alter ego, (j) foreclosure of collateral, (k) false financial statements, (l) collateral priority disputes, (m) accountings, and (n) check kiting and forgeries;
- accountancy litigation including (a) audited and unaudited financial statement matters, (b) public offering transactions, (c) defense of accountant malpractice claims, and (d) collection matters;
- employment related actions including (a) wrongful termination, (b) constructive discharge, (c) discrimination claims (whether racial, sexual, age based or otherwise), (d) hostile work environment, (e) wages and hours, and (f) other employment related matters;
- intellectual property including (a) patents, trademark and copyright infringement, (b) antitrust, and (c) trademark and intangible property valuation;
- business torts including (a) fraud, (b) breach of fiduciary duty, (c) misappropriation of trade secrets, (d) misappropriation of corporate opportunities, and (e) unfair competition;
- closely held partnership and company disputes (whether medical, veterinary, legal, accounting, real estate, or otherwise) involving (a) dissolution, (b) liquidation, and (c) employment claims;
- insurance litigation including (a) indemnity, (b) fidelity bond, (c) errors and omissions, (d) comprehensive general liability, and (e) bad faith litigation;
- international transactions including disputes concerning (a) country of origin, (b) tariffs and duties, (c) letters of credit, and (d) shipping documents;
- debt enforcement actions for lenders, law firms, accountants, general contractors, and other business entities;
- business disputes regarding (a) garment designers and manufacturers, (b) textile manufacturers and importers, (c) auctioneers and liquidators, (d) appraisers, (e) retail chain stores, (f) electronics wholesalers, (g) inventors, and (h) agricultural property and businesses;
- entertainment matters relating to (a) film producers, (b) television writers, (c) television and film actors, (d) media celebrities, (e) professional athletes, and (f) singers and songwriters;
- personal torts including (a) slander, (b) libel, (c) trade libel, (d) other defamation claims, (e) infliction of emotional distress, and (f) palimony claims;
- probate litigation involving (a) will contests and validity, (b) fiduciary and other obligations of trustees, and (c) removal of trustees whether for breach of fiduciary duty, conversion, misappropriation of trust opportunities, or otherwise;
- franchise disputes involving (a) contractual, (b) antitrust, (c) breach of fiduciary duty, (d) fraud, (e) statutory, and (f) accounting claims;
- litigation abuse proceedings including (a) malicious prosecution, (b) sanctions, (c) contempt orders to show cause and trials, and (d) anti-slapp proceedings.
Our approach in litigation is always to be tough but practical. We work to keep a solid overview of what a client wants to accomplish in litigation and to find the most efficient means to accomplish that goal. We attempt to pursue prejudgment remedies wherever possible. We embrace mediation and other alternative dispute resolution, and have developed valuable relationships and credibility with many prominent former judges, mediators, and third party neutrals which often enable us to bring matters to early resolution without the necessity of lengthy, protracted and expensive litigation.
We work hard with the client to develop clear and realistic goals, and to make frequent hard-nosed cost benefit judgments.
In litigation, as in other areas of our practice, we put a premium on creativity. We have often been successful in cases because we developed a novel theory or approach and made it work.