Practice Leader: William E. Ireland
Attorneys: View Attorneys in this PracticeOur Business Solutions Practice Group possesses broad capabilities in the handling of business litigation and transactional matters. Employing innovative and efficient techniques, we are committed to solving our client’s problems. Our attorneys represent large national retailers, institutional banks, as well as local, regional and national businesses.
Business Litigation
Litigation capabilities of the attorneys in our Business Solutions Practice Group include:
Transactional Services
Transactional capabilities of the Business Solutions practice group include, drafting and review of contracts, including licenses, leases, shareholder agreements, articles, minutes and bylaws. We also perform annual corporate legal maintenance.
Intellectual Property & Technology
Our attorneys also conduct trade secret audits and design protection programs to assist trade secret misappropriation before it occurs. We draft specialized confidentiality agreements to protect employers, independent contractors and potential buyers and sellers of proprietary technology. Haight Brown & Bonesteel also prepares e-mail and internet use policies as well as provides advice when a former employee leaves with a company’s trade secrets and/or copyrighted materials.
In addition, our attorneys represent parties whose trade secrets have been misappropriated or who are accused of misappropriating trade secrets of others, as well as traditional business disputes. We also handle administrative hearings, licensing and zoning matters.
Consulting Services
The Business Solutions practice group can provide consulting services as a precursor to potential litigation. Litigation is not always the best answer to a client’s problems, and we are dedicated to identifying what is the most realistic and cost effective answer for our clients.
The Haight Brown & Bonesteel Distinction:
Business & Contract Disputes
Defense of Privately Held Company in Contract Claim Arising From Asset Purchase. A privately held company was sued for claimed breach of contract arising from its asset purchase of a privately held transportation company.
Defense of Privately Held Company in Contract Claim Arising From Specialty Marketing Products. A privately held company was sued for claimed breach of contract for its sale of specialty marketing products to a major video game publisher. The case settled in mediation on favorable terms.
Defense of Mortgage Broker and Lender on Fraud Claim. A mortgage broker and lender were accused of fraud relating to a foreclosure on a third deed of trust. Haight Brown & Bonesteel obtained summary judgment in favor of both the mortgage broker and lender.
Defense of Private Business Against Breach of Contract and Other Claims. Defense of a veterinarian business against breach of contract, interference with contract claims, and breach of non-solicitation and non-compete agreement.
Defense of a Commercial Tenant in a Mall. Defense of a commercial tenant against the landlord's assertion of breach of the operating covenant, arising from the tenant's relocation to a nearby mall, even though the tenant willingly paid the liquidated damages provided for in the lease.
Defense of National Retailer in Commercial Unlawful Detainer Proceedings. Defense of national retailer in commercial unlawful detainer proceedings where landlord claimed that tenant committed waste when a fire destroyed the premises.
Intellectual Property & Technology
Defense of Privately Held Company in Trade Secret Claim. A privately held company was sued by an employee's prior employer contending that its hiring of the employee would lead to "inevitable disclosure" of protected trade secrets. The case was resolved on favorable terms.
Defense of Claimed Patent and Copyright infringement for Design. Plaintiff claimed that a privately owned manufacturing company was infringing its design patents and copyrights. The verdict achieved was more favorable than the previously proposed settlement.
Defense of Claimed Copyright Infringement for Design. Plaintiff claimed that her copyrighted designs had been infringed. The parties agreed to a mutually advantageous future business relationship.
Defense of Private Business against Infringement Claims. Defense of a T-shirt manufacturer against a motion picture company's assertions of trademark infringement, copyright infringement, and unfair competition because the T-shirts replicated scenes and quotes from a film.
Real Estate
Defense of Developer in Mexican Land Development. Several closely held corporate entities were sued by investors and their advisors for problems arising from a failed Baja California real estate development.
Prosecution of Guarantees for Real Estate Development. When the sub-guarantors for a privately owned real estate development defaulted on their obligations to reimburse the primary guarantors, multiple actions were filed to seek reimbursement. Despite vigorous opposition, the full amount of the guarantees was recovered.
Creditors Rights
Defense of Publicly Held Company in a Preference Transfer Claim Arising Out of a General Assignment of Assets for Benefit of Creditors. An assignee for benefit of creditors alleged that debtor's payment of $250,000 within 90 days of assignment was an avoidable preference transfer under CCP Section 1800. Haight Brown & Bonesteel filed a federal action seeking declaratory relief on grounds that Bankruptcy Code preempted state law.
Represented Publicly Held Foreign Company in Collection Action. Collection action to recover $1.6 million of unpaid debt pursuant to an exclusive distribution agreement. The collection action sought to enforce a promissory note for part of the debt, along with claims for account stated and open book account for the remaining debt.
Representation of Creditor in Collection Action. Representation of creditor on $1.3 million collection action seeking to enforce promissory note. Obtained summary judgment for full amount plus interest.
Representation of Foreign Company in Collection Action. Representation of Canadian paper mill company in federal court collection action for goods sold and delivered. Obtained summary judgment in excess of $500,000.
Franchise Litigation
Representation of Franchisor in Administrative Proceedings. Defending Franchisor in administrative proceeding before Department of Alcoholic Beverage Control seeking revocation of liquor license.
Representation of Franchisor in Property Permitting Process. Assisted multi-national franchisor in obtaining zoning variances, development authorizations and necessary representation at administrative and governmental hearings.
Representation of Franchisor in Franchise Litigation. Represented multi-national franchisor in termination action against franchisee, and in defense of claims for statutory and common law wrongful termination.
