San Jose Business Litigation, Arbitration & Mediation Attorney

DPA’s lawyers have managed and resolved more than 150 business disputes through negotiation, mediation, arbitration and, when appropriate, litigation and trial. When it benefits our client, DPA can be very creative in structuring resolutions that avoid protracted litigation or a trial.

If a client’s matter requires trial, our clients tend to appreciate that DPA’s business litigators are very experienced trial attorneys. This fact further frequently allows our clients to leverage DPA’s trial experience to obtain a negotiated resolution of a given business dispute well short of trial.

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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 employee mobility litigation;
• Fraud and unfair business practices;
• Disputes arising from the purchase and sale of commercial property; and,
• 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 are well suited.

Some Representative Cases

• James Stepp, et al. vs. Rocket EMS, Inc., et al. (Superior Court County of Santa Clara, Case No. 112CV234807):  DPA attorneys represented minority shareholders in a matter alleging, among other items, breach of fiduciary duty by majority shareholders and controlling directors. After 18 months of litigation, DPA’s clients achieved a consensual resolution through mediation.
• Gemini Solutions vs. Lark Technologies, Inc. (Superior Court Count of Santa Clara, Case No. 112CV218025):  DPA business litigation attorneys brought for client software developer a breach of contract action alleging approximately $350,000 in unpaid service fees, obtaining a consensual resolution within 90 days of the suit’s filing.
• 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, DPA attorneys 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.
• Parola vs. Santa Joanna Properties, L.P., et al. (Santa Cruz County Superior Court Case No. CISCV161619):  DPA prosecuted for 50% partner the judicial dissolution of a real estate limited partnership following a fall-out among partners.
• 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.
• 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, DPA attorneys 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.

To learn more about business litigation services contact Andrew (Drew) Piunti or Kelly Raftery by phone at (408) 300-5770 or (888) 915-5520, by email to drew@dpalawyers.com or kelly@dpalawyers.com, or through our online form.