TYPICAL CASES OF OUR
FIRM OVER THE PAST SEVENTY YEARS
Over the decades,
our firm has represented clients in thousands of cases in myriad
situations. We find our prospective clients like a general idea of the
type of work we have done.
Our firm does handle
“big cases” such as appearing before the United States Supreme Court on
the constitutionality of Mechanics Lien laws or arguing in the
California Court of Appeals on enforceability of arbitration clauses in
contracts. We have and do represent large clients, ranging from the
Ukrainian government seeking to recover funds allegedly embezzled by its
former premier to the Japanese giant NEC which was accused of unfair
business practices. But, by far our typical case will involve companies
and families engaged in the day to day work of enforcing contracts,
seeking payment of debts, perfecting and protecting trade marks, buying
or selling real estate or businesses, starting businesses, or creating
estate plans that will work for generations.
Or, as one of our
partners said two decades ago, “We should be here to tell them how to
draft the documents and help make the decisions to avoid fights…but to
win the fights that cannot be avoided.”
The cases below are
typical of our practice since 1939. They are neither the largest nor the
smallest cases, but should demonstrate the work we often perform. The
cases are taken at random and do not represent all the fields in which
we practice.
LITIGATION
Represented a distributor claiming a manufacturer improperly invaded
distributor’s exclusive territory and sold directly to its customers.
Six day arbitration in Los Angeles. Verdict for distributor for full
amount claimed plus all attorneys fees and costs incurred. Manufacturer
paid judgment in full over the next year. 1989
Represented manufacturer against a distributor located in Spain and
Belgium who had secretly started a competing business to manufacture
competing products in violation of its fiduciary duty. Actions filed in
New Jersey, Brussels and Madrid. Judgment achieved in all jurisdictions,
distributor driven out of business, then disappeared when Belgian tax
police raided his home. Distributor reappeared ten years later in
Thailand engaged in a different business. 1997
Represented manufacturer against a Spanish distributor who was
counterfeiting products. Judgment achieved and arrest warrant issued
against distributor. Spanish police raided and confiscated all
inventory. Trade marks and trade name reclaimed. Distributor disappeared
to avoid arrest, later rumored to be in business in Cuba. 1999
Represented a fifty percent owner of a business who discovered his co
owner was seeking to seize company customers and begin his own business
and was already in the process of opening the new business. Litigation
for breach of duty and seizure of corporate opportunity was commenced.
Case settled before trial with our client selling his interest in the
business for full market value of both businesses. 2007
Represented a company that was the victim of trade libel promulgated by
its competitor claiming unsafe products. Opponent driven out of business
before trial. 1976
Represented business whose chief executive officer left and began its
own
business taking proprietary software, numerous customers and employees
in violation of employment agreement and buy and sell agreement. Four
day arbitration and full judgment plus attorneys fees and costs awarded
to our client. 1987
Breach
of contract claim against buyer of goods (electrical materials) from
our client with customer failing to pay. Corporate defendant filed
bankruptcy. We proceeded on the guaranty of the owners for the purchase
of the goods. The guaranty had an arbitration clause. Two day
arbitration resulting in judgment and writs of execution issues seizing
bank accounts of individual defendants. Sums collected approximately six
months later. 2003
Enforcement of Mechanics Lien and Stop Notice challenged by opposing
party who claimed the Mechanics Lien statute was unconstitutional. Case
eventually was heard in the United States Supreme Court which rule in
favor of our client upholding the constitutionality of Mechanics Liens
and Stop Notices. 1976
Partition Action to force sale of property with our firm representing
family members who wished the property sold, claiming that the other
owner occupiers were not caring for the property or sharing it
appropriately. Property sold via settlement two months prior to trial.
2006
Breach
of employment agreement and violation of fiduciary duty filed by our
corporate client against former key executive who began his business in
secret and was discovered to have wrongfully utilized corporate assets,
thus the case expanded into embezzlement claims. Judgment obtained,
criminal proceedings begun by state district attorney but settled after
our case settled. 1987
Embezzlement charged by our client against former bookkeeper who had
successfully stolen over three hundred thousand dollars over a six year
period. Judgment achieved, DA began actions, defendant disappeared
leaving behind real estate that was attached and sold. 1975
Trust
litigation with our Trustee client defending against efforts to overturn
trust and against claims of breach of fiduciary duty. Case settled two
months before trial, all claims dismissed. 2005
Trust
litigation with our firm representing heirs who claimed that property in
the Trust had been wrongfully converted by Trustee into her own name.
Five day trail with Trustee, before verdict, but after testimony and
comments of judge, transferring all property back and paying costs of
litigation and resigning from post as Trustee. 1986
Claimed
breach of construction contract with our client subcontractor being
accused of shoddy work and failure to abide by change order procedures.
Five day arbitration and judgment for our client in full plus attorneys
fees. Related actions for stop notice and mechanics liens. 2007
Insurance litigation against insurer who refused to cover extensive
water damage when HVAC failed. 1996
Fraud
alleged against other party in real estate purchase contract resulting
in rescission of contract and payment of damages. 1999
Suit
alleging infringement of trade mark and logo of our client whose designs
were stolen and manufactured in China for importation into the United
States. Action filed and consent decree entered against the infringer.
2004
Adverse
possession claim prosecuted to success for our client regarding fence
line and local ordinances. 1991
Prescriptive easement claim for access road in rural county tried to
successful conclusion for our client. 2007
Defended a client national distributor of refurbished materials against
claim of manufacturer for violation of the Lanham Act. Defense
successful with manufacturer abandoning all claims. 1995
REAL PROPERTY
TRANSACTIONS
Drafting, negotiating and implementation of real estate development
contract representing developer and involving construction of fourteen
commercial buildings with related lofts. 2000
Drafting, negotiating and counseling for numerous Tenancy in Common
Agreements for multi unit residential premises. 2000-8
Commercial lease for business requiring extensive installation of
fixtures involved in restaurant business. 2007
Sale
of commercial space representing owner landlord. 2004
Purchase of commercial space representing buyer. 2007
Joint venture creation for development of residential real estate
construction. 2004
Joint venture creation for development of commercial real estate
construction. 2006
Construction contract negotiated for multi million dollar residence.
1994
Engineering form contract created for engineer client. 2002
Asbestos removal litigation defended for our asbestos contractor client.
2001
Defense against stop notice and mechanics lien claim filed against our
owner client for installation of materials.2000
Sale
of hotel and attached restaurant to large multi national chain on behalf
of our Chinese clients. 2003
Creation of family partnership agreement for multi generational family
business that wished to develop numerous parcels. 1997
Negotiation for early termination of commercial lease by client wishing
to close his business. 1993
Renegotiation of commercial lease by client wishing to expand business.
2003
Negotiating for purchase of business interest in limited liability
company purchasing large building. 2007
Negotiation of real estate sales transaction with Texas developer. 2007
Negotiation of construction contract with our office representing the
design professional. 1996
Negotiation of construction contract with our office representing owner.
2001
Quiet Title to complex adverse possession claim renegotiated and
implemented for our client. 1991
Easement negotiated and created for our client. 2001
BUSINESS
TRANSACTIONS
Creation and
structural counseling for international joint venture engaging in
software development in Asia. 2008.
Creation and
structural counseling for company raising money internationally for
new type of web search engine. 2007.
Structural
planning including buy and sell agreements for distribution company
bringing in new employee-owners. 2006.
Creation of form
contract package for company commencing international operations of
sale of goods to Europe. 2006
Negotiations and
drafting of agreement for purchase of leather goods from Italy;
creation of forms for sale of finished leather products in the
United States. 2008
Negotiation of
joint marketing program for cooperage products in the wine industry
with out of State company for sales world wide. 2005
Employment
negotiations and creation of employment manuals for large multi
state company for operations in the United States.
Creation of
construction joint venture for project involving both construction
and raising of funding for related securities businesses. 2004
Set up
distribution contracts for United States company engaged in
distribution in Europe, Africa and South America. 1997-2006
Sale of
restaurant corporation to chain. 2002
Sale of
manufacturing company of aluminum products to a larger former
competitor. 2005.
Purchase of
small wholesale distributor that was a small competitor to our
client prior to sale. 2007.
Sale
of our client wholesale distributor to international company seeking
presence in the United States. 2003
Creation of non
profit foundation engaging in development of therapeutic
pharmaceuticals. 2001
Creation of
Business Plan for development of soft ware company 1995
Private offering
for raising of capital for start up business. 2004
License
agreement for utilization of patented devices for start up business.
2007
Negotiation and
implementation of liquidation plan for multi generational business.
1994
Negotiation and
drafting of contracts for testing and, later, distribution of
pharmaceuticals with various testing entities. 1998-2008.
Sale of trade
mark and trade name and licensing of same internationally for
clothing and accessories. 2002.
Creation of
contracts for Brazilian Consulate of San Francisco.
TRUST AND ESTATE
PLANNING
Couple created a QTIP (marital deduction) intervivos (living) trust for children and grandchildren; pour over wills; durable powers of attorney for health care and assets. (1960-2008 several thousand times)
Creation of off shore trust for family with assets in Europe and Israel. 2004
Creation of Special Needs trust for couple with developmentally disabled child. 2001
Imposition of conservatorship as to elderly father by daughter after father found lost wandering the streets late at night. 1999.
Creation of educational trust for Indian family. 1997
Creation of land holding trust for Russian business man whose family was seeking to immigrate to the United States. 2002.
Creation of a trust to care for a beloved pet by a woman diagnosed with cancer and with no near relatives to care for the animal. 2007
Creation of generation skipping trust with property located both in the United States and abroad. 2008
Creation of a trust to quarantine substantial separate property of a wealthy woman remarrying a business man in a high risk business. 2000
Creation of a “Crummy Trust” to fund an irrevocable life insurance trust to assist in payment of estate taxes. 2005
Creation of a charitable trust (CLAT) to allow funding of charities with maximum tax benefit and flexibility by client. 1996
Creation of various minor trusts to fund educational and related expenses. 2006
Creation of family partnership owned by various family trusts to engage in real estate and related businesses 2000
Contract to make mutual binding wills and trusts. 2003
Creation of family multi generational charitable trust with family members on board. 2008
Creation of receiving trusts to take family property divided after partition. 1996
The cases above
represent a small portion of our long history of serving our clients but
do give a general idea of the usual “bread and butter” work our office
performs. It is perhaps noteworthy to recall that our office started
providing such services when Franklin Roosevelt was president of the
United States, two years before Pearl Harbor, and when the total number
of lawyers in San Francisco was equivalent to the number practicing in
any one of the sky scrapers that now fill our city.
Seventy years later,
connected to the world by the latest technology, and regularly
negotiating contracts and engaging in litigation internationally, we
find that the essential skills that were required before the first
television was designed still apply. Integrity; having an abiding
concern for long term relationships with clients who often become
friends; and a willingness to fight hard and diligently for the client’s
interests are still the hall mark of any successful law office. That was
true in 1939…and we believe will be true in 2039…when our firm hopes to
be representing your children, grandchildren, and the companies they may
own.
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