Litigators Who Truly Understand Their Clients’ Businesses And Goals
At Hayes Scott Bonino Ellingson & Guslani, LLP, our commercial litigation practice encompasses many of the business issues our clients routinely confront. Regardless of the root cause of the litigation, our firm is devoted to providing effective and efficient business litigation services that solve our client’s current legal concerns and protect their future business interests.
Lawyers With A History Of Favorable Trials, Appeals, Summary Judgment Motions And Alternative Dispute Resolution (ADR) Outcomes
Because of our civil litigation experience, businesses and individuals often seek our help when dealing with disputes. Our litigators value knowing and understanding the businesses that we work with and integrating that knowledge into our individualized legal strategies. We work for early resolution through negotiation, but we are always willing and able to take disputes to court and even through the appellate process.
Our commercial litigation services include representation for business clients, including startups, named as plaintiffs and defendants in disputed matters involving:
- Intellectual property rights, trademarks, copyrights and trade secrets
- Licensing and distribution agreements
- Commercial claims for legal malpractice and professional liability
- Commercial insurance claims and policy coverage
- Directors and officers liability
Within our commercial and insurance litigation focus, our attorneys offer extensive experience in dispute resolution and litigation involving a variety of industries and legal areas, including:
- Franchise agreements
- Electronics counterfeiting
- Internet monetization
- Internet infrastructure
- Internet privacy violations
- Corporate breach of fiduciary duty
- Small corporation shareholder disputes
- Private equity partnership disputes
- Defamation, including commercial disparagement
Experienced Commercial And Insurance Litigation Appeals Attorneys
Our partners average more than 25 years of experience handling appellate matters in federal courts and California state courts. Our attorneys have handled over 500 appeals, including appeals to the California Supreme Court, the California Court of Appeals and the U.S. Court of Appeals for the 9th Circuit. In addition, we have attorneys admitted to practice before the U.S. Supreme Court.
Commonly Asked Questions About Commercial Litigation
If your business is facing a dispute, understanding the commercial litigation process early can help you avoid costly mistakes, protect important evidence and make informed decisions about how to respond. Here are the answers to three common questions California business owners frequently ask our lawyers about.
What should a business do after receiving notice of a commercial lawsuit?
Under California law, a business that receives notice of a commercial lawsuit should act quickly to protect its rights and interests. The company must review the summons and complaint, identify the response deadline, inform its insurer about potential coverage, and implement a litigation hold to preserve relevant paper and electronic records.
The business owner should also collect essential documents related to the dispute, identify key witnesses and hire skilled litigation counsel as soon as possible. In California state court, a defendant must respond within 30 days after service of the summons and complaint. The response may be an answer, a demurrer or a motion to strike portions of it.
How long can a commercial litigation case take in California?
A commercial litigation case in California can take between 12 months and multiple years to resolve, and greatly depends on the number of parties involved, the complexity of the dispute, the amount of evidence and whether the case settles early or proceeds through trial.
More straightforward matters may resolve within six months if the parties can negotiate a settlement, use mediation or obtain an early ruling on a key issue. However, contested cases often take much longer because they typically involve extensive discovery, depositions, expert witnesses, trial preparation and/or appeals.
What documents are important in a commercial litigation case?
The key documents in a commercial litigation case include the written contracts and amendments, communication records, purchase orders, invoices, payment records, correspondence, financial statements, accounting records, board or management minutes, policies and procedures, records of performance or breach, damage calculations and any documents showing efforts to mitigate losses.
Because California discovery rules require parties to preserve and produce relevant evidence, keeping these materials organized from the outset can significantly affect the outcome of the case.
Rapid Response To Your Legal Needs
Our focus on the client’s goals, attention to detail and wide breadth of experience serve our clients well in complex commercial litigation. Contact us today at 650-249-6898 to discuss your company’s legal needs in full confidence.