Business Law
Business Attorney in San Diego
Our business law firm offers a wide range of litigation services including representing plaintiffs and defendants in contract disputes, license agreements, business torts, real estate issues, nondisclosure agreements, business fraud matters, consumer protection cases and unfair competition claims under Business & Professions Code Section 17200. The firm has experience handling both individual and entity complaints and cross-complaints. Examples of representation include representation of lenders, service providers, independent contractors, consultants, vendors and both large and small businesses, including start-ups.
Small Business Representation
We can assist you with starting your small business, properly dealing with independent contractors, commercial leasing, protecting your assets, nondisclosure agreements, confidentiality agreements, buying and selling products and services, equipment leasing, hiring and firing employees, drafting and reviewing business contracts, purchasing a small business and engaging in on-line commerce.
Contract Law
The Law Office of Gregory P. Olson, APC challenges and defends the validity and enforceability of business contracts and employment agreements. The firm has extensive experience in matters involving business formation, purchases and sales of businesses, commercial leases agreements, consulting agreements, nondisclosure agreements, licensing agreements (including software, trademark and other intellectual property rights), executive compensation and employment contracts, independent contractor agreements and general business contracts.
Defamation
The Law Office of Gregory P. Olson, APC can evaluate claims for defamation and defenses to such claims, provide “cease and desist” letters, respond to “cease and desist” letters, as well as provide representation in defamation litigation matters for both individuals and businesses.
Representative Matters: Business Litigation
Breach of Limited Partnership and Fiduciary Duty
Defense of general partner in lawsuit filed in San Diego Superior Court involving claims of breach of limited partnership agreement and breach of fiduciary duty. Successfully negotiated a buy-out of limited partners partnership interest and overall settlement of claims.
Business Services Agreement
Represented company in connection with claims for intentional interference with contract and related claims. The dispute involved a respondent company providing portfolio of transportation e-commerce and business services. Successfully completed arbitration, obtained an arbitration award in favor of client, and collection of award amount.
Shareholder Dispute Resolution
Representation of President and fifty percent shareholder in dispute involving rights, duties and obligations of shareholders of corporation. Successfully negotiated terms of buy-out of shareholder interest and settlement agreement.
Breach of Professional Services Agreement
Represented energy company in California Superior Court alleged to have breached a professional services agreement and converted funds due under the agreement.
Breach of Vendor Contract
Represented business which provided optical equipment to vendor in breach of contract claim pending in California Superior Court.
Breach of Joint Venture Agreement
Represented scientist accused of breaching joint venture agreement in which the company sought research grants from the federal government. Matter involved a cross-complaint for misappropriation of trade secrets.
Partnerships
Represented partnership providing medical services where two physicians terminated their partnership interests and alleged that the partnership did not honor their buy out rights.
Partnership and Joint Venture Disputes
The firm handles a wide range of matters involving disputes between partners, closely held entities, LLCs, LLPs, venture capitalists and members of boards of directors.
Shareholder Dispute Resolution
Representation of President and fifty percent shareholder in dispute involving rights, duties and obligations of shareholders of corporation. Successfully negotiated terms of buy-out of shareholder interest and settlement agreement.
Technology/Commercial
Represented manufacturer of proprietary products in a lawsuit involving alleged failure to meet product specifications.
Business Attorney Frequently Asked Questions:
What types of business disputes do you handle in San Diego?
We handle a wide range of business litigation matters in San Diego*, including:
- Breach of contract: Disputes involving non-performance or improper performance of contracts in a wide variety of industries and business contexts.
- Partnership disputes: Disagreements between business partners regarding finances, management, or dissolution.
- Shareholder disputes: Conflicts among shareholders concerning company direction, dividends, and ownership.
- Intellectual property disputes: Protecting and enforcing trademarks, copyrights, and trade secrets or defending claims involving trademarks, copyrights, or trade secrets.
- Real estate litigation: Disputes related to commercial property leases, purchase agreements, or development; disputes involving residential purchase and sale agreements; and representation of buyers, sellers, and brokers.
- Employment disputes: Wrongful termination, discrimination, and wage and hour claims; and defense of employment claims.
- Fraud and misrepresentation: Claims involving deceptive business practices, fraud, concealment, intentional misrepresentation, false promises, including in the context of business litigation and real estate litigation.
- Unfair competition: Litigation against businesses engaging in anti-competitive behavior, including pertaining to covenants not to compete, non-solicitation clauses and trade secrets.
*The firm handles cases throughout California, including Los Angeles County, Orange County and Riverside County. The firm also handles cases in federal court including the United States District Court for the Southern District of California and the Central District of California.
What are the stages of a business lawsuit in California?
A typical business lawsuit in California involves these stages:
- Pleadings: Filing a complaint and responsive pleadings to define the issues.
- Discovery: Gathering evidence through depositions, interrogatories, and document requests.
- Motions: Pre-trial requests to the court for specific actions or rulings.
- Trial: Presenting evidence and arguments to a judge or jury.
- Judgment: Court decision resolving the dispute.
- Appeal: Challenging the judgment in a higher court (if necessary).
How much does it cost to hire a business litigation attorney in San Diego?
Attorney fees vary depending on the complexity of the case, the experience of the attorney, and the billing arrangement. Common fee structures include:
- Hourly rates: Charging an hourly fee for time spent on the case.
- Contingency fees: Receiving a percentage of the recovery if the case is successful.
- Flat fees: A fixed fee for specific legal services.
What are some common defenses to breach of contract claims?
Common defenses in breach of contract cases include:
- Lack of a valid contract: Arguing that no enforceable agreement existed.
- Impossibility of performance: Claiming that unforeseen circumstances prevented fulfilling the contract.
- Statute of frauds: Asserting that the contract should have been in writing.
- Duress or undue influence: Contending that the contract was signed under pressure where the facts meet legal requirements
- Lack of performance: Failure to perform on the part of the plaintiff.
- Failure to mitigate damages: The non-breaching party has a duty to act reasonably and mitigate any alleged damages.
How can I prevent business disputes?
Proactive measures to avoid litigation include:
- Clear contracts: Ensure contracts are well-drafted and unambiguous.
- Effective communication: Maintain open communication with business partners and stakeholders.
- Proper documentation: Keep thorough records of agreements and transactions.
- Legal review: Consult an attorney before entering into significant agreements or making major business decisions.
- Due diligence: Evaluating whether or not to do business with the party to the contract based on reputation, ability to perform, and other applicable factors.
What is alternative dispute resolution (ADR)?
ADR methods, like mediation and arbitration, offer alternatives to traditional litigation. These methods can be faster, less expensive, and more confidential than court proceedings.
What is the difference between mediation and arbitration?
- Mediation: A neutral third party facilitates negotiations to help parties reach a mutually agreeable solution The San Diego Superior Court offers a Civil Mediation Program which is designed to assist parties with the early resolution of their dispute. Parties may stipulate to attending mediation before or at the case management conference, held approximately 150 days after the filing of the complaint. The court maintains a panel of approved mediators who have met certain minimum qualifications and who are required to adhere to specific ethical standards. The Superior Court of California offers similar mediation programs in other counties.
- Arbitration: A neutral third party hears evidence and makes a binding decision to resolve the dispute. Many business contracts contain clauses requiring arbitration in the event there is a dispute between the parties to the contract. In addition, the parties to a business dispute may voluntarily stipulate to arbitration after a dispute emerges even if the contract at issue does not contain an arbitration clause.
Do I need a lawyer for a business dispute?
While not always legally required, having an experienced business litigation attorney is highly recommended. They can protect your rights, navigate complex legal procedures, and advocate for your best interests.
How do I choose the right business litigation lawyer in San Diego?
Consider factors such as:
- Experience: Look for a business litigation lawyer with a proven record in handling similar cases.
- Expertise: Choose a lawyer specializing in the relevant area of business law.
- Reputation: Seek referrals and read online reviews.
- Communication: Select a business lawyer who communicates effectively and keeps you informed.
What should I do if I'm facing a business dispute?
- Gather documentation: Collect relevant contracts, emails, and other evidence.
- Consult an attorney: Seek legal advice as soon as possible to understand your options.
- Preserve evidence: Take steps to protect relevant information from being lost or destroyed.
Awards
Awards for very high ratings in both legal ability & ethical standards
