Business Litigation and Dispute Resolution
Litigation is one mechanism for resolving business disputes. As advocates, our lawyers have resolved hundreds of litigated business disputes through negotiation, mediation and arbitration. When it benefits our client, we can be very creative in structuring resolutions that avoid protracted litigation or a trial.
But there are times, however, when a trial is appropriate or necessary. If your case requires a trial you will appreciate our considerable trial experience and the one-on-one service, guidance and support our small firm can provide. Our trial attorneys are experienced and highly effective, having tried more than 90 cases to successful verdict. These are attributes many business litigators we oppose, including those from the national and international firms, often lack. Our trial experience often benefits our ability to bring litigation to a favorable close well short of trial.
From our San Jose office we represent clients in California state and U.S. federal courts in disputes concerning:
- Contract payment and performance disputes
- Breach of business purchase and sale agreements
- Breach of merger and earn-out agreements
- Partnership and LLC disputes
- Partnership and LLC dissolutions
- Shareholder disputes
- Corporate dissolutions
- Trade secret litigation
- Enforcement of non-compete agreements
- Employee raiding and/or mobility litigation
- Fraud and unfair business practices
- Disputes arising from the purchase and sale of commercial property
- Trademark or copyright infringement.
As a boutique transactional and business litigation law firm, we limit the cases we accept. We find that best results are typically attained when the client's and attorney's styles match well.
Some Representative Cases
- Global Cornerstone Healthcare Services, Inc. v Credence Health Care, et al. (Superior Court County of Orange, Case No. 30-2010 00357835) A non-exclusive sales representative company was sued by a much larger contractor for breach of contract and purported misappropriation of trade secrets. Representing defendants, DPA attorneys successfully opposed plaintiff's motion for preliminary injunction and plaintiff ultimately dismissed its case.
- Euro Space USA, Inc. v. B2B Group, Inc., et al. (Santa Clara County Superior Court, Case No. 110CV178742): DPA attorneys obtained a judgment against an online retail company and its directors for breaching an asset purchase agreement and unlawfully transferring intellectual property assets by fraudulent transfer.
- Goodell et al. v. Enea Properties Company, et al. (Contra Costa Superior Court, Case No. C08-01499 ): On behalf of managing member of affiliated real estate investment and development companies, defended allegations of breach of fiduciary duty and structured a resolution through an exchange of assets and the reorganization of holding companies that separated the litigants' business interests.
- Central Computer, Inc. v. CCT Technologies, Inc., et al. (San Francisco County Superior Court, Case No. CGC-09-491911): DPA attorneys defended to favorable resolution an IT company sued by a competitor for allegedly misappropriating trade secrets in connection with client's hiring of one plaintiffs' sales representatives and winning a multi-year multi-million dollar bid.
- Ronald L. Pantano v. Ed Gonzales dba Screened Magic, et al. (Superior Court of San Mateo County Case No. CIV496345) On behalf of a commercial art company, DPA attorneys successfully challenged at the pleading stage the adequacy of a complaint for copyright infringement resulting in a voluntary dismissal by plaintiff of all claims.
- Client identity confidential. DPA attorneys investigated for a Silicon Valley technology company and resolved without litigation a matter concerning an employee of who conspired with an offshore manufacturer and a distributor to produce and distribute counterfeits of the company's trademarked products.
- Richard Santora, et al. v. Thomas C. Dubose, et al. (Madera County Superior Court, Case No. MCV046580): On behalf of a company and certain of its members, DPA attorneys successfully prosecuted a damages claim for breach of fiduciary duties against the company's managing member and its certified public accountant.
- MKO Auto, Inc. v. Alpha Autoland, Inc. et al. (Santa Clara County Superior Court, Case No. 110CV185449): On behalf of seller in an asset sale transaction, DPA attorneys defended and quickly resolved litigation alleging violation of a non-competition agreement.
- Leonard & Company, Inc. vs. 482 West San Carlos, LLC et. al. (Santa Clara County Superior Court, Case No. 107CV089643): On behalf of 50% corporate LLC member, successfully caused the involuntary dissolution of the LLC and appointment of a receiver to sell, and guided the sale of, the assets of a real estate investment company where dissention led to paralysis within the other 50% corporate member rendering continuation of the LLC untenable.
Contact us to learn more about our firm, our litigation business services, and how we might be able to help you. You can reach Drew Piunti or Veronika Short by phone at 888-915-5520 or via e-mail.
