Complex Corporate & Commercial Litigation

Complex Corporate & Commercial Litigation

Overview

Despite efforts to avoid litigation and do everything right, in today's litigious environment, corporate and commercial litigation is almost a certainty. Our attorneys have represented individuals, corporations, partnerships, and limited liability companies in virtually every type of complex commercial litigation matter and have successfully achieved our clients' goals, whether through settlement or at trial. We are particularly adept at handling director and officer disputes, member and shareholder disputes, breach of fiduciary duty claims, contract disputes, securities litigation, defamation claims such as libel and slander, tortious interference and business interruption claims, trade secret misappropriation and copyright infringement claims, alter ego claims, and class actions, just to name a few.

Because of our experience, we are able to identify potential problems to help our clients avoid litigation when possible. However, when litigation is necessary, our team of attorneys is adept at trying cases and even taking them through appeal. Our veteran litigators have decades of litigation and trial experience that enables us to give our clients the guidance they need to solve large, complex business litigation challenges and achieve an appropriate business-oriented outcome.

We have been praised by our clients for delivering excellent results through strategic planning and personal attention to every matter. Our attorneys are professional, skillful, and aggressive advocates for all of our clients' complex business litigation needs. Our long-term success at client service is demonstrated by the high quality of the individuals and companies we represent and the fact that many of our clients treat our attorneys as their trusted advisors for their most important litigation matters.

Representative
Matters

Defended several members of a limited liability company against claims for accounting, breach of fiduciary duty, and violation of Corporations Code sections 17058 and 17106 brought by another member. The plaintiff member contended that it had been denied profits obtained by the other members of the LLC. Successfully defeated an attempt by Plaintiff to freeze assets by way of a Temporary Restraining Order. Obtained favorable settlement for clients.

Settled claims against several officers and directors of a privately-held corporation in connection with two private placement investment opportunities being challenged as fraudulent.

Represented company and individuals in connection with an investigation by the Securities and Exchange Commission concerning a purported investment fraud arising out of an asserted violation of the Investment Advisor Act following the purchase of outdated Brazilian bonds by the general limited partner. Defended the individuals in SEC testimony and responded to subpoenas.

Defended a Canadian technology company in Atlanta federal court in a dispute involving the installation of custom billing software for a US electric membership corporation. Prepared the successful summary judgment motion which defeated plaintiff's $8 million claim.

Defended a Fortune 500 company and its various subsidiaries in a dispute involving installation of a wireless network in Africa. Defeated plaintiff's claim at summary judgment stage. Succeeded on unjust enrichment counter-claim against plaintiff.

Litigated a copyright infringement case in the Northern District of California on behalf of a photographer over the rights to a photograph of an icon celebrity. Resolved the case in mediation.

Obtained a walk-away settlement in favor of a developer who had entered into a joint venture with another major developer to build several large communities in San Joaquin County that was being accused of various intentional torts and contractual claims.

Counsel for the target in defense of three class actions brought in California and Delaware seeking to block a merger between two high-tech companies.

Trial counsel in Delaware Chancery Court in Selectica, Inc. v Trilogy, Inc. and Versata Enterprises, the first case involving the intentional triggering of a "poison pill" in nearly 25 years, successfully upheld by the Delaware Supreme Court.

Represented the prevailing developer in Salameh, et al. v. Tarsadia Hotels, et al. (Case No. 11-55479), in which the Ninth Circuit affirmed the dismissal of the plaintiffs' security and common law fraud claims finding that they did not allege sufficient facts that would demonstrate that the condominium-hotel units at issue constituted a "security." This was the first Ninth Circuit published opinion to address squarely whether the sale of a condominium-hotel unit constitutes the sale of a security and the 9th Circuit concluded that it did not.

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Prosecuted a securities fraud case against a failed Real Estate Investment Trust (REIT).

Settled on favorable terms claims for breach of contract and breach of fiduciary duty brought by a hotel operator against a high profile bar operator following favorable rulings during the bench trial phase and following commencement of jury phase of trial.

Represented a property owner in obtaining a judgment for fraud and RICO, including treble damages, against a general contractor and its principals who fraudulently obtained purported reimbursements from the project's construction loan for hundreds of thousands of dollars in governmental fees which were never actually paid. Succeeded in obtaining Arbitration award, having that award confirmed as a Superior Court judgment, having the award sustained unanimously by the Court of Appeal, and persuading the California Supreme Court not to grant a hearing.

Represented a national bank in claim for damages for breach of indemnity contract based on solicitation of merchants to enter into merchant agreements.

Obtained favorable decision following a bench trial on behalf of the managing member in an action brought by a minority member claiming he was not bound by the terms of an operating agreement he did not sign and had no capital contribution obligation in the limited liability company.

Attorneys &
Paralegals

Name Title City Phone  
Briseño, Monica R. Associate Los Angeles 310.284.2242
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Campbell, Robert G. Partner Los Angeles 310.284.2259
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Davis, Susan S. Senior Counsel Los Angeles 310.284.2282
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Galuppo, Lynn T. Senior Counsel Orange County 949.260.4641
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Gold, Karen I. Associate Los Angeles 310.284.2284
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Hamidi, Ali P. Partner San Francisco 415.262.5106
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Kitchen, Jonathan S. Partner San Francisco 415.262.5168
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Kranz, Frederick H. Partner Orange County 949.260.4626
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Mocciaro, Perry D. Partner Los Angeles 310.284.2234
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Potter, Trevor B. Associate Orange County 949.260.4624
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Purvis, James M. Associate San Francisco 415.263.5514
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Quigley, Edward F. Partner Los Angeles 310.284.2271
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Sullivan, Mark B. Senior Paralegal Los Angeles 310.284.2296
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Vaz, Alicia N. Partner Los Angeles 310.284.2273
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