General Litigation

General Ligitation

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ADMINISTRATIVE HEARINGS/LICENSING ENFORCEMENT
State and local agencies have broad investigative authority, particularly when it comes to various professions, such as doctors, licensed contractors, Realtors, and the like. If there is any suspicion of a licensing violation or other potential wrongdoing, these administrative agencies have subpoena power and the ability to impose significant fines and penalties (including revocation or suspension of licenses). And along with administrative investigations often comes potential civil and even criminal liability. So if you get hit with an administrative subpoena from a government agency or if you catch even a whiff of a potential administrative investigation of your or your business, contact us immediately. We know how to navigate the dense thicket of laws, regulations, and procedures covering administrative agencies and administrative enforcement actions.
CHANGING ATTORNEYS
You have a right to choose your own lawyer. Even if you or your business has been represented by another lawyer or law firm on existing litigation for some time, you have the right to hire a new attorney. This might be necessary if your case moves to a different location, or where you want to adopt a different litigation strategy. Or perhaps you just want more contact with your lead attorney than you’ve been getting with a larger firm. No matter the reason, we know how to handle the various logistical details involved with changing counsel and can get up to speed quickly and efficiently.
CONTRACT DRAFTING AND REVIEW
Although this is primarily a litigation firm, we also help businesses and individuals with the review, interpretation, and drafting of contracts and agreements. Our experience litigating numerous contract disputes has taught us what works and what doesn’t in contracts, and how to avoid litigation in the future.
CRISIS MANAGEMENT / CREATIVE PROBLEM SOLVING
If there’s something going on that you can’t solve in a traditional manner, we might be able to help. Lawyers can do some unconventional things. Lawyers used to be called attorneys and counselors at law. Over time, “counselor” has dropped off the job description. Not here. When you have issues that extend into multiple professions and disciplines, contact us.

 

We have a strong network of professionals to collaborate with, such as tax and financial professionals, public relations and media specialists, psychologists and psychiatrists, family law, estate planning, bankruptcy attorneys, and the like. We can help put a team in place to cover all the bases, and not just the legal ones. And by hiring an attorney to put that team in place, many of your communications and decisions will be protected by the attorney-client privilege. Some of our best work has been for clients we can’t name on issues that would have made front-page news if we hadn’t done our job so well.
DISPUTES AGAINST PUBLIC ENTITIES
National, state, and local governments and government officials aren’t perfect—far from it. When they violate the law, we know how to hold them accountable. And just because Congress, the State Legislature, or a County Board of Supervisors passes a law, that doesn’t mean it’s legal. We also know how to challenge a law that never should have been passed in the first place or that is being interpreted or applied illegally.
FINRA DISPUTES AND ARBITRATIONS
FINRA stands for the Financial Industry Regulatory Authority—the largest independent regulator for securities and wealth management firms and financial planners in the U.S. If you work in wealth management or financial planning and your firm or one of your advisors has compliance issues with FINRA regulations, contact us.
GAMING / TRIBAL DISPUTES
We have handled several cases involving the complicated statutes and regulations governing gaming, including issues relating to enforcing rights on tribal land with respect to Indian casinos. We have specific expertise defending gaming companies in lawsuits and enforcement actions brought by government agencies and in helping gaming companies sue the government to stop its illegal enforcement of gaming laws. Alex Medina was also part of a the team that obtained a $30 million verdict against a tribal entity for breach of contract regarding its casino.
INJURES
No ambulance chasing here. But if you’re injured—regardless of how—and you want to bring a level of sophistication not usually seen in personal injury cases, we can help. We can also help if someone claims that you’ve injured someone. We spent several years working on injury cases in Los Angeles and Sacramento. Personal injury also includes mental, emotional, and repetitional injuries, and can involve such claims as defamation, libel, and slander.
LAND USE
Land use litigation is any dispute among property owners or with the government over the proper use of real property. We have represented several developers in bringing and defending suits to protect their property rights, involving such issues as Notices of Violation from government
agencies and allegations of zoning and environmental violations.
 

 

PARALLEL PROCEEDINGS
Certain conduct can expose a business or individual to multiple forms of liability, such as criminal, civil, and administrative. We once represented a health care provider accused of severely neglecting an elderly patient. The patient’s family sued our client for monetary damages; the District Attorney investigated our client for criminal neglect; and the State agency responsible for licensing certain types of health care providers investigated our client for violating certain licensing and administrative requirements. The lawsuit and investigations took place simultaneously, requiring careful and strategic maneuvering, particularly given the high stakes involved with potential criminal liability. We can help if you’re in a situation where you’re fighting a battle on multiple fronts.
PRODUCT LIABILITY
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public can be held responsible for any injuries those products cause. Alex Medina has successfully defended numerous product liability cases for some of the world’s largest companies. That expertise makes us uniquely suited to assist those injured by defective products as well.
SECOND OPINIONS
You might not be looking to change lawyers, but if there are issues in your case that you would like another experienced litigator to evaluate, we can help. We are quite good at this, and can do such narrow tasks as analyzing specific aspects of a case (including reviewing, editing, or even writing certain briefs and motions), or assisting with a broader strategic evaluation of the case as a whole.
BUSINESS LITIGATION
We have extensive experience representing all types of business—large or small—in just about every kind of business dispute imaginable.
CONFLICTS REPRESENTATION
In complex, multi-party litigation, conflicts of interest may arise among parties with seemingly common litigation interests. If this arises, some parties may need their own, independent counsel, such as where a company and some of its employees have been sued or are being investigated. Oftentimes large, corporate law firms represent the business and the employees need separate lawyers. If you are one of those individuals, we can act as your “conflicts counsel.”
CONTRACT LITIGATION
Contract disputes likely make up the majority of civil litigation cases. Whether the dispute involves businesses, individuals, or both, we are skilled at interpreting contracts and litigating the numerous legal issues that arise in contract cases.
DISCOVERY COUNSEL
As our society becomes increasingly paperless, the discovery demands on litigants become more onerous. The rules regarding electronic discovery (or “e-discovery”) are quite complex, and sometimes the time and cost of discovery overshadow the rest of the case. We are skilled and experienced with discovery matters, including seeking and responding to discovery requests, managing large e-discovery projects, and litigating discovery disputes. If this is happening in your case, chances are you or your business are already represented by a large firm and you are paying high rates for discovery tasks.
If you would like to free up your existing lawyers to focus on the strategic and substantive portions of the case (and to pay less for discovery), consider hiring us to manage discovery. We can also enlist the help of other qualified lawyers to assist on the more routine, mundane discovery tasks at rates significantly less than the big firms charge for junior associates to do those same tasks.
EDITING / WRITING CONSULTATION
We love to write and we know what we’re doing. If your case has that “one big motion” on which significant outcomes rest, consider hiring us to help. We take pride in our ability to turn a good brief into an exceptional brief. 
FRAUD
Whenever someone says something untrue, doesn’t tell the whole truth, or kept quiet when he or she should have said something, that could be fraud—but only if someone else was harmed by the false statement or failure to disclose. We’ve handled fraud cases on both sides: we’ve represented clients who’ve been accused of fraud and who have accused others of fraud. 
HEALTHCARE
Healthcare litigation involves disputes over the interpretation and/or application of the numerous and complex laws and regulations governing our health care system, as well as disputes over the proper amounts billed for medical services. We have represented two of the largest hospital systems in Northern California in a variety of matters.
JOINT REPRESENTATION
Sometimes cases require more than one law firm for a variety of reasons such as the location of the case, different types of expertise among lawyers, or the size and complexity of the case. We have represented numerous clients in situations where our firms have been either lead or “co-counsel” and we know how to efficiently manage these types of cases.
 
LOCAL COUNSEL
In today’s global economy, oftentimes businesses who have little or no presence in Northern California get sued or need to sue in Northern California. Or cases pending elsewhere require related lawsuits to be filed here. We can assist you or your business as “local counsel” if your primary lawyer is located elsewhere. 
PREMISES LIABILITY
Premises liability is the liability imposed on a landowner or landlord for certain actions that occur on the landowner’s or landlord’s property. This can range from things like toxic mold, obstacles causing injury, improperly maintained premises, falling objects, inadequate security or lighting, or anything else that causes injury or damage to person or property. We’ve been very successful defending landowners and businesses in premises liability actions over the years, and we are also able to assist those injured on another’s property.
REAL ESTATE
Real estate litigation involves any dispute arising out of a real property interest. It includes claims against a real estate agent or broker; claims against a home builder, developer, contractor, or subcontractor; or claims against a home buyer or seller. We’ve handled all sorts of real estate disputes.
SETTLEMENT COUNSEL
Similar to a role as discovery counsel, we can also help free up your existing lawyers to focus on trial preparation by acting as independent settlement counsel to negotiate with opposing counsel or to represent you or your business in a mediation. This is especially helpful in situations where settlement discussions are protracted and complex, or where the dynamics between your lawyers and opposing counsel are not conducive to productive settlement discussions. (In other words, the lawyers can’t stand each other and don’t get along.) You might also benefit from a fresh set of eyes to position your case better for settlement by identifying the strengths and weaknesses of your case.

We have also handled many types of employment matters you can view.

Please also visit the What We’ve Done page to see examples of specific cases we’ve handled.