Practices

Litigation Practice Area

The firm's litigators are highly experienced trial attorneys who have successfully handled the broad range of issues frequently confronting companies and individuals conducting business in California. These issues include contract disputes, claims for fraud and unfair business practices or operations, misappropriation of trade secrets, commercial real estate disputes (including landlord-tenant claims and unlawful detainers), claims for alter ego liability or breach of fiduciary duty and a wide range of employment-related claims including individual discrimination or wage claims to overtime class actions. We work closely with our clients to identify the most cost-effective and direct approach to resolve disputes while providing the best possible outcome. We provide individualized attention to each matter we handle and pride ourselves on easy accessibility for our clients. We strive to provide the highest quality legal representation at competitive rates.

ESTATE PLANNING — PROBATE AND TRUST ADMINISTRATION

We provide complete estate planning services. From simple wills that provide for a guardian for children or more complex trusts for an individual, a spouse, children and for any charitable organizations clients may want to include. Our experience ensures overall protection, wealth preservation, and protection from state and federal estate taxes. We help clients achieve their personal estate planning objectives. Probate matters, after the death of a loved one, as well as trust administration, including trust modifications, is a specialized area of expertise. We regularly serve our clients in the following areas:

  • Probate
  • Trust Administration
  • Wills and Trusts
  • Living Wills
  • Health Care Directives
  • Powers of Attorney

We work closely with other professionals such as insurance agents, financial planners and accountants to ensure that our clients' estate plans are thoughtful and consider all of their goals and needs.

REAL ESTATE, LAND USE AND HOMEOWNERS' ASSOCIATIONS

Our highly experienced team of attorneys provides counsel and service for all aspects of real estate transactions. We offer sophisticated expertise to all clients in a manner that is effective and efficient for their particular matter, whether it be the purchase of residential property or a complex commercial real estate transaction.

We have represented developers, contractors, architects, lenders, borrowers, guarantors, landlords, tenants, homeowners' associations, and other individuals and real estate professionals in many areas:

  • Acquisition
  • Sale and disposition
  • Retail, commercial and office leasing
  • Entity formation
  • Construction contracting
  • Easements
  • Real estate finance and capital investments
  • Work outs
  • Foreclosures and debt restructuring and receiverships
  • Environmental evaluation and remediation
  • Reclamation and Brownfield's redevelopment
  • Land development and planning for:
    • Vacant land
    • Undeveloped land
    • Mixed use projects
    • Hospitality (hotel, resort) development
    • Community development
  • Condominiums
  • Planned communities and residential subdivisions
  • Offices
  • Industrial property
  • Retail and shopping centers
  • Recreational amenities
  • Ownership and neighbor disputes
  • Management for:
    • Residential property
    • Office buildings
    • Industrial property
    • Shopping centers
    • Prospective hotel properties

HEALTH INFORMATION TECHNOLOGY

Our highly experienced attorneys understand and serve the information technology needs of a variety of health care providers. We often function as outside HIT counsel to our clients, and have a deep and practical understanding of the day-to-day challenges involved in HIT systems implementation, integration and support.

We advise our clients on a wide variety of information systems technology transactions, including electronic health records (EHR), financial systems, decision-support software, and IT hardware. We have extensive experience negotiating subscription and licensing agreements for cloud computing, software-as-a-service (SaaS), application service provider (ASP) and traditional client-hosted hospital information systems, as well as consulting services agreements, medical equipment and computer hardware purchase agreements and telecommunications agreements.

We also advise our clients on issues relating to data protection and security, particularly protection of protected health information (PHI) and mission-critical data. With increased utilization of outsourcing arrangements that permit maintenance of our clients' sensitive information on vendor-hosted systems, understanding these issues and negotiating agreements that address them in a comprehensive manner is critically important.

We also advise clients on their rights with respect to enforcement of their information systems agreements, and assist our clients with vendor audits and software asset management (SAM) engagements.

EMPLOYMENT LAW

Our highly-experienced team of attorneys understands and serves the business needs of both large and small employers. Our lawyers often function as outside general counsel to our clients, giving us a practical understanding of the day-to-day challenges involved in running a business.

PREVENTATIVE COUNSELING AND LEGAL COMPLIANCE

Maintaining a productive work force depends on many things, and we work with you to develop preventive policies and practices designed to avoid problems before they occur. We regularly counsel employers on an array of matters, including:

  • Compliance with the laws regarding discrimination, harassment, retaliation, reasonable accommodation of disabilities and the interactive process.
  • Managing family, medical, maternity and other protected leaves.
  • Classification and compensation of exempt and non-exempt employees and independent contractors.
  • Protecting trade secrets, proprietary information and customer goodwill and reducing the risk of unfair competition.
  • Compliance with the increasingly complex wage and hour laws governing overtime pay, rest and meal periods, travel time, on-call time, vacations, PTO and sick leave.
  • Preparation and review of employment agreements, independent contractor agreements, employee handbooks, arbitration agreements and severance agreements.
  • Effectively managing and evaluating employee performance, and best practices to reduce risk in discipline and termination situations.
  • Training managers and supervisors on sexual harassment, workplace investigations, and employee health and disability issues.

EMPLOYMENT LITIGATION

Early case evaluation is essential to managing litigation proactively and in as cost-effective a manner as possible. The overwhelming majority of lawsuits settles without a trial, and we work with you to find creative ways to resolve disputes. But when a dispute cannot be resolved informally, we are ready and able to vigorously protect your interests in state or federal court, arbitration or before an administrative agency. We have strong record of success in a wide variety of cases, including wrongful termination, discrimination, sexual harassment, retaliation, whistleblower and trade secret actions. We have litigated numerous class and collective actions and been successful in defeating class certification, and we have obtained and defeated applications for restraining orders and injunctions in trade secret and unfair competition cases.

BUSINESS TRANSACTIONS

The firm's business attorneys have decades of experience in advising businesses in all stages of business development, including formation and start-up, fund-raising and venture capital financing, operations, merger, sale and disposition. They have also negotiated and documented most types of transactions, including agreements and documentation for:

  • Business entity selection and formation
  • Business entity capitalization and financing (venture capital, traditional equity and debt financing, institutional financing)
  • Business acquisitions and dispositions (sales, mergers, etc.)
  • Business operations
  • Executive compensation (stock and other incentive plans)
  • Buy-sell and similar agreements among business owners
  • Equipment leasing and secured transactions

We have developed long-lasting relationships with many of our business clients such that we often serve as valued sounding boards and business advisors for our clients.