Our Practice
Effective. Tailored.
Value-Focused.
Litigation
We have managed and resolved a broad range of disputes in state and federal courts, as well as through mediation and arbitration proceedings. While every case is unique and the client’s needs may evolve as it is litigated, we prosecute each case with the expectation it will proceed through trial. We have many long-term clients who turn to us for strategic legal planning and when litigation is looming. We take the time to learn about our client and their specific business or personal objectives, and we tailor our legal services to meet their goals. We know that engaging in litigation is not always the best solution and are adept at developing creative strategies to resolve disputes without the need for a lawsuit in the appropriate circumstances.
Examples of the type of disputes we have handled, including through trial in state and federal court:
- Contract performance and payment disputes
- Fraud and embezzlement
- Misappropriation of trade secrets
- Personal injury and wrongful death from tortious conduct
- Unfair competition
- Trademark infringement
- Products liability
- Corporate, LLC and partnership dissolutions and disputes, including related receivership proceedings
- Trust litigation and disputes with fiduciaries
- Employment disputes including non-compete agreements, alleged labor code violations and employee theft
- Real estate including disputes arising from the purchase and sale of real property, nuisance, trespass, interference with easements and construction issues
- Commercial lease disputes
- Professional liability claims, including against accountants, real estate brokers, attorneys and construction professionals.
Intellectual Property
Distinctive trademarks, service marks, and trade dress are critical to building a company’s brand and promoting consumer goodwill. We understand the value of these intellectual property assets, and we know how to protect them from infringement. Our experience includes:
- Pursuing and defending claims for trademark infringement and related causes of action, including unfair competition and trademark dilution
- Policing our client’s trademarks and trade dress
- Advising our clients on developing and strengthening their intellectual property rights
- Drafting effective cease and desist letters, tailored to the nature of the infringement and the client’s long-term business goals
- Negotiating with infringers to cease their infringement and preparing settlement agreements that protect the client’s intellectual property both as to the existing infringement as well as potential future infringement
Employment and Unfair Competition
We have extensive experience handling employment and competitor issues. Our case work includes enforcing employment agreements, litigating acts of unfair competition including the misappropriation of trade secrets, and investigating and remedying employee embezzlement and inventory theft. We have also advised employees who have sought to move on to new employment consistent with the terms of an employment agreement or other legal obligations to their current employer. Examples of our case work include:
- Advising employers and employees regarding post-termination competition and solicitation, including the enforceability of non-compete and non-solicitation clauses appearing in an employment contract. We have successfully litigated and tried cases against former employees who misappropriated the client’s trade secrets and breached employment contracts. We have also pursued competitors who have participated in these acts of unfair competition. Our experience includes advising the employee as to their right to compete lawfully after leaving their employment for a new position
- Investigating and documenting embezzlement and inventory theft, and litigating claims against the thief and associates who aided or benefited from the theft. Our experience includes multiple successful trials, court judgments, and settlements against those who stole from our clients. We have also worked with law enforcement in connection with those thefts
- Pursuing banks, accountants and others who aid and abet the fraud, embezzlement, and torts of others
- Litigating claims for fraud, defamation and interference with contract rights and other business interests
- Representing founders, majority business owners and controlling shareholders in litigation attacking their exercise of contract and other legal rights, including defending claims brought by dissatisfied former shareholders, investors and employees