Commercial & Business Litigation
We litigate contract disputes, partnership and corporate internal disputes, shareholder lawsuits, unlawful business practices and unfair competition cases, and business reputation cases.
Partnership and Corporate Internal Disputes
In closely-held corporations and partnerships, disputes can arise among company principals brought about by differences in management styles, business goals or family disagreements. Too often, former partners focus on personality conflicts, and let acrimony and distrust get in the way of business-oriented resolutions. For a client in that position, we first seek negotiated solutions to preserve valuable resources and business value. When necessary, however, we can bring a lawsuit or defend against one when control of the company and revenue is at stake. We can also help dissolve a corporation or Limited Liability company when reconciliation is impossible.
In those case when corporate or partnership assets are being wasted or misused, we can help preserve those assets using temporary protective or restraining orders and writs of attachment of assets. We have the experience to move quickly when the circumstances require robust legal action.
We also provide strategic and individualized business advice to ensure a comprehensive solution that addresses both the legal and business aspects of the dissolution of your legal entity. We can assist your company in ensuring that proper notices are sent and other steps taken to reduce post dissolution disputes with creditors.
Disputes with or by Investors
Despite best intentions, investors and their partners do not always see eye to eye, and litigation is required to untangle even relatively new investor relationships. We can represent either the investor or the business.
Recently, we successfully represented an investor in a new concept bar/game room, who believed key information was withheld from him when valuing his share of the company. After filing litigation and taking depositions of key company principals, the matter settled with an additional payment being made to the investor.
Contract Disputes
Many business disputes arise even when there is a written contract that was intended to cover every conceivable potential outcome. We frequently represent businesses regarding disputes over written contracts.
Some disputes involve whether the written contract or parts of it can be enforced. Some terms are invalid under the law or will not be enforced by the Court. We can advise you of your rights including defenses when a written contract is being enforced or needs to be enforced.
We also can advise clients regarding their rights on oral contracts or contracts implied from the parties’ conduct. For example, if you performed services that were accepted by a party that now refuses to pay, even without a written agreement, you may have contract rights that entitle you to damages.
We can help you determine your contract rights and a plan of action to maximize your recovery or limit your damages.
Commercial Disputes
The Uniform Commercial Code provides an entire set of rules for merchants who buy or sell goods in commercial transactions. These rules have been established to streamline commerce, and fill in terms in the absence of detailed contracts, which can be the case where parties have been dealing with one another for many years. We represent businesses that seek to recover money for goods delivered or repossess assets securing transactions.
Protecting Your Business Reputation
A company defamed by untrue statements can pursue damages in a lawsuit if necessary. We bring and defend against defamation claims. Often these claims are combined with “unfair business practices” cases under California Business and Professions Code Section 17200.
Unfair Competition and Interference with Contract
There are also limits on competitors interfering with contractual relationships. Under California law, claims exist for intentional interference with contractual relations. If a competitor has caused one of your clients or customers to breach a contract, that competitor can be held liable. In addition, the law of prospective economic advantage allows you to pursue a competitor who through bad acts interferes with a developed business relationship.
Defense of Telephone Consumer Protection Act Cases
We can provide a defense in Federal Courts in Southern California to single party to class action cases brought by consumer attorneys against companies for beach of the “TCPA.” If your company has been sued despite your best efforts to avoid calling number of the Do Not Call Registry or cell phones, our law firm has the experience to handle these cases.
Defense of Unfair Debt Collection Claims
Our law firm has experience defending companies against claims arising from debt collection activities, including collection of store credit accounts. Often when a consumer files for personal bankruptcy, his or her attorney will file claims against creditors for technical and often times seemingly minor violations of the laws governing debt collection. This includes the practice of sending a lawyer-prepared letter preventing companies from contacting their own customers. We can defend these cases on behalf of companies of all sizes.