
Our clients’ bottom lines and their business objectives: these remain front of mind whenever lawyers from M&R's Commercial & Business Litigation Practice Group are called upon to represent the interests of our business clientele.
The firm’s commercial and business litigators handle virtually all types of disputes wherever they may arise – in federal and states courts nationwide, in the administrative and regulatory setting and before arbitrators and mediators from coast to coast. No matter the issues at play, our approach to every case is exacting, thorough, strategic and, above all, effective.
We comprehensively evaluate cases upon intake, and then typically work to achieve favorable early resolutions to the extent they may benefit our clients and are appropriate. But when settlement isn’t possible, we aggressively litigate through trial with a singular focus – victory.
What our tenacious courtroom lawyers offer that sets them apart from the rest is a nuanced understanding of our clients’ industries, which informs an unmatched level of representation that is tailored to the unique legal needs of our clients. It is this industry-sensitive approach to litigation that consistently leads to success.
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Areas Of Expertise
- Business Disputes
We handle the full spectrum of business-related disputes. From actions alleging breach of contract and business torts to partnership disputes and trade secret violations, we routinely litigate most every business litigation matter.
- Civil Fraud Defense
Our Commercial & Business Litigation attorneys often collaborate with members of our White Collar Practice Group to vigorously defend corporations and their employees against civil fraud allegations (which oftentimes run parallel to criminal investigations).
- Contract Disputes
The majority of business disputes arise out of alleged breaches of contract. We have successfully litigated scores of such cases, including matters involving contracts related to services, the sale of goods, manufacturing, distribution, real estate, construction, employment, intellectual property and licensing, among many others.
- ERISA
M&R advises businesses in several industries on the nuances of the Employee Retirement Income Security Act (ERISA) ERISA, and we frequently litigate associated employee benefit claims on behalf of employers.
- False Advertising
Working in tandem with attorneys in our Advertising & Digital Media Industry Group, the firm’s commercial and business litigators handle cases alleging false advertising (e.g., the misrepresentation of products or services, or those of a competitor, through false or misleading statements).
- Insurance Litigation
M&R has established itself as one of the premier law firms in defending insurance-related lawsuits (including coverage disputes) on behalf of some of the most prominent brokerages, agencies, insurers and reinsurers in the industry.
- Partnership Disputes
Our litigators represent parties to partnership disputes – managing and non-managing partners – in several different industries.
- Product Liability
We have prosecuted and defended mass tort cases involving products across a wide range of industries, with tremendous success.
- Professional Liability Defense
The firm aggressively defends professionals, including attorneys, health care providers, accountants, engineers, insurance brokers and agents and directors and officers in malpractice cases.
- RICO
M&R lawyers have vast experience representing corporations, boards of directors, management and individuals in connection with civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims and associated investigations.
- Securities/Commodities Enforcement
We have a proven record of success representing clients nationwide in civil enforcement actions (involving claims of market manipulation, breaches of fiduciary duty and fraud) and investigations brought by state and federal regulators such as the Securities & Exchange Commission (SEC) and Commodity Future Training Commission (CFTC).
- Shareholder Litigation
Shareholder disputes are contentious, time consuming and distract from day-to-day business operations. With this in mind, our lawyers work to litigate these matters on behalf of our clients swiftly, all the while aggressively.
- Theft of Trade Secrets
The firm advises clients on how best to implement safeguards to protect their trade secrets, and we litigate – without compromise – in the event trade secrets are stolen or misappropriated.
- Unfair Competition
Our attorneys are fluent in a span of complex business issues, including those concerning allegations of unfair competition, and time and again they have successfully defended against Section 17200 claims (class actions included).
Anti-Slapp Defense: Successfully defended a multinational insurance company in a case stemming from the plaintiff’s falsification of an application for worker’s compensation insurance, which ultimately led to the policy’s cancellation. Obtained a complete dismissal of the case after a successful Anti-SLAPP motion, and secured $140,000 in monetary sanctions.
Administrative Proceedings: Successfully defended a national brokerage against all 47 claims brought by the State of California to revoke its license. In deciding in favor of our client, the Administrative Law Judge found that there was no evidence to substantiate the claims as alleged, and that the State filed the complaint knowing that to be the case.
Aviation: Obtained an eight-figure verdict after a seven-day federal court trial on behalf of a full-service global private aviation company that sued its former Assistant Director of Operations for breach of contract and breach of duty of loyalty and associated entities for intentional interference with contractual relations. The case stemmed from the ex-employee stealing the aviation firm’s customers.
Computer Trade Secrets: Represented a young entrepreneur after his “life’s work” was stolen by a large corporation, which claimed the work as its own. After a four-year legal battle against some of the largest national law firms, obtained a multi-million dollar verdict on behalf of our client, an award that remains one of the largest in the U.S. for the misappropriation of computer trade secrets.
Employment & Business Litigation: Obtained a significant judgment in Illinois in favor of a computer programmer working on a visa whose employer had stolen a considerable amount of his wages, and successfully defended the programmer against a subsequent breach of fiduciary duty action filed against him by the employer. M&R’s motion to dismiss that case drafted and argued on behalf of the programmer was granted with prejudice.
Employment, Trade Secrets and Business Litigation: Represented a national insurance brokerage in a case for breach of contract and theft of trade secrets. The litigation was filed against a former regional president who left the company and took with him trade secrets, client lists and customers. Though the defendant was entitled to a multi-million dollar buyout of his shares in the brokerage, it was argued that the value of those shares was offset by the value of the legal claims levied against him. Ultimately, the matter was resolved in favor of our client for $5,000, along with an order barring the former president from use of the stolen data.
Fraud Allegations: Obtained dismissal of civil fraud litigation filed against an individual who previously pled guilty to federal bribery and money laundering charges. The case, which sought to recover nearly $48 million earned through the defendant’s criminal activity, was dismissed on appeal because, as a matter of law, the acts giving rise to the federal crimes were found not to trigger civil liability. Not only did our client avoid multi-million dollar exposure, he was also awarded attorneys’ fees and costs on appeal.
Injunctive Relief: Obtained injunctive relief on behalf of the owners of an assisted living facility as against a management company that breached its agreement to pay the owners a monthly management fee, reimburse the owners’ lease payments on the facility (approximately $86K each month) and preserve the owners’ license issued by the Department of Social Services to operate the facility. By virtue of M&R’s efforts, the owners were able to regain control and possession of the facility placed in jeopardy due to the management company’s negligence.
Injunctive Relief: Defeated an ex parte application and subsequent motion for preliminary injunction filed against the largest supplier of forklift batteries and chargers on the West Coast. The moving party unsuccessfully sought to enjoin M&R’s client from helping its customers apply for credits under California’s Carbon Fuel Standard (LCFS) Program (providing incentives to fuel supply engine owners to reduce greenhouse emissions).
Media Company Derivative Shareholder Litigation: Represented the founder of a large media company, who was under attack by shareholders seeking to take control of the business. In a strategy designed to retain control of the company or force a lucrative buyout, a lawsuit was filed, which resulted in the founder realizing an approximate 40 percent premium on the value of his shares.
Patent Infringement and Shareholder Litigation: Helped the owner of an automotive supply company retain control of and then sell his company for well over nine figures (the highest multiple ever seen in that industry); this after two years of intense litigation regarding patents and the scope of corporate governance documentation in response to a product patent being infringed upon and the shareholder of a subsidiary company attempting a takeover.
Private Equity Fund Governmental Investigation: Successfully defended a high-profile private equity firm being investigated by several governmental agencies, including the Securities and Exchange Commission, Department of Justice and multiple offices of the Attorney General, which together sought to a $30+ million fine. After years of litigation in eight different jurisdictions, resolved the matter with “closing letters” stating the investigation was over, and later obtained a $9 million investigation reimbursement from a third party.
Private Equity Fund Manager Litigation: Successfully defended a fund manager sued by a state pension fund for $25 million. Following nearly five years of protracted litigation, obtained a complete dismissal of the fund manager by way of a litigation strategy that examined the methods of pension plan investment.
Shareholder/Partnership Dispute: Obtained the complete dismissal of a lawsuit filed by shareholders of a company against its Chief Executive Officer, executives and board members. Plaintiffs claimed that the defendants “duped” them into selling shares just before the company was sold at a premium. Prior to our involvement in the dispute, the defendants, who were then represented by other counsel, tentatively agreed to settle the case for approximately $40 million.
Trade Secrets: By way of summary judgment, defeated a wrongful termination case filed against the owner of a small insurance brokerage by two former employees. Thereafter, obtained a $500,000 jury verdict on the defendant’s cross complaint, which alleged that the former employees misappropriated trade secrets (client lists).
Trademark Infringement/Sanctions Award: Obtained a massive $250,000 sanctions order for the failure of a defendant and its attorney in a trademark infringement case to participate in discovery. A Judge in the United States District Court issued his staggering ruling after the defendant neglected to respond to our client’s discovery requests and then refused to abide by the Court’s order to provide responses to interrogatories and produce documents, which was requested by way of our comprehensive motion to compel.
Whistleblower Litigation: Successfully defended an environmental consultant in an employment retaliation and discrimination lawsuit and a Qui Tam whistleblower case involving a related criminal investigation.
Headlines
- May 19, 2020
- February 2020
- January 30, 2020
- May 29, 2019
- May 30, 2018
- June 2, 2017
- November 2, 2016
- June 15, 2016
- December 1, 2010
Media Mentions
- October 21, 2020
- May 6, 2020
- May 6, 2020
- January 21, 2020
- December 10, 2019
- September 9, 2019
- November 4, 2016
- April 21, 2016
- April 19, 2016
- April 14, 2016
- April 13, 2016
- April 13, 2016
- March 17, 2016
- March 11, 2016
- January 2016
- July 30, 2015
- February 18, 2015
Publications
- Association of Business Trial Lawyers (ABTL) Report, Spring 2018
Blog Posts
- INSECURE: Is Your Hotel Security Staff Exposing You to Liability? November 15, 2016
- Short-Term Rentals Fight Flares Up Nationwide October 28, 2016
- Hotel News Update: Amicable Resolution Reached in High-Profile Litigation Over Management Agreement October 19, 2016
- Health Care Company to Pay $514 Million to Settle Kickback Allegations October 4, 2016
- UK Supreme Court: Fraud Trumps the Finality of Settlements September 23, 2016
- UPDATE: Airbnb Sues Anaheim Over Law That Makes Website Liable for Illegal Short Term Rentals August 23, 2016
- Pokémon Oh No! Augmented reality raises specter of personal injury claims August 11, 2016
- CA Appellate Court Rules That Outside Counsel’s Fact Investigation is Privileged July 21, 2016
- Taken for a Ride: Under-Fire Uber Pays the Price June 17, 2016
- Wendy’s Data Breach Expands in Scope, Malware Attacks Point-of-Sale System June 15, 2016
Past Events
- American Agents Alliance (AAA) Convention & ExpoPalm Desert, CA, September 22, 2018
- California Insurance Wholesaler Association (CIWA) 2018 Summer ForumMonterey, CA, June 25, 2018
- Hospitality Law ConferenceHouston, TX, February 23, 2016
- Digital Entertainment WorldFebruary 2, 2017
- American Agents Alliance Convention & ExpoSeptember 24, 2016
- American Agents Alliance Convention & ExpoSeptember 24, 2016
- American Agents Alliance Convention & ExpoSeptember 24, 2016
- Silicon Beach FestSeptember 2, 2016
- 27th Annual ACIC General Counsel SeminarJuly 28, 2016
- 27th Annual ACIC General Counsel SeminarJuly 27, 2016
- RHA Annual ConferenceJuly 12, 2016
- Independent Insurance Agents & Brokers of California (IIABCal) 2016 Blue Ribbon ConferenceMay 3, 2016
- SoGal YouTuber FestNovember 14, 2015
- Becker's 13th Annual Spine, Orthopedic and Pain Management-Driven ASC Conference + The Future of Spine SeminarJune 13, 2015
- 2015 ad:tech San FranciscoMay 20, 2015
- Digital Latino: Startups, Content & SocialMay 5, 2015
- California Tow Truck Association’s Western States Tow ShowOctober 10, 2014
- California Tow Truck Association’s Western States Tow ShowOctober 10, 2014
- USA Gymnastics Regional Congress (Region One)August 24, 2013