Business Litigation, Professional Negligence, Errors & Omissions, Directors & Officers & Consumer Claims
Business litigation, professional liability and consumer statutory based claims have been cornerstones of The Davis Law Firm practice. Our lawyers handle cases requiring both extensive civil litigation and trial experience and the ability to resolve cases through sophisticated law and motion practice. Our depth of experience before courts, juries and binding arbitrations before retired Judges, and our cost-efficient representation, allow the merits of a case -- not the cost of defending or prosecuting claims -- to drive our clients' decisions to take a case to trial or to settle before trial.
The cases we handle run the full gamut of business disputes, ranging from claims of Breach of Contract and Fraud, Business Torts, Unfair Competition, and Consumer Claims, to suits involving Intellectual Property, Professional Negligence and E & O, alleged breaches of fiduciary duties owed by directors and officers of corporations, and Misrepresentation and Fraud. Below are a few representative cases:
Business Torts, Unfair Competition, and Consumer Claims
Obtained complete defense verdict following six-month jury and court trial alleging claims of unfair competition (Business & Professions Code § 17200), false advertising (Business & Professions Code § 17500), injunctive relief, defamation, and allegations of corporate alter ego.
Successfully prosecuted suit to recover ownership of an internet domain name stolen by a former employee.
Obtained complete dismissal of a malicious prosecution suit by filing special motion to strike under the anti-SLAPP statute. Obtained award of $42,000 in attorneys' fees and costs for prevailing on that motion.
Defense of a major financial services firm in putative class action in federal court alleging violations of the Fair Debt Collection Act and Business & Professions Code §17200 (unfair competition). Obtained a complete dismissal of the action, after only five months of litigation, shortly after filing a motion to dismiss.
Obtained six-figure settlement on behalf of investor defrauded by business partner (secured settlement in less than five months of litigation, without mediation, after obtaining writ of attachment).
Successfully tried to verdict and defended and resolved hundreds of lawsuits filed against automobile dealerships alleging unfair business practices relating to motor vehicle sales and leases, including claims under Business & Professions Code § 17200, Consumer Legal Remedies Act, California's Automobile Sales Finance Act, Vehicle Leasing Act, Song-Beverley Act, Rees-Levering Act and Magnussen-Moss Act.
Successfully defended automobile dealerships and resolved representative actions alleging discrimination in the sale of new and used vehicles and alleged violations of California's Unruh Act and Business and Professions Code § 17200.
Breach of Contract and Fraud
Successfully represented venture capital firm in seeking the court-ordered removal of a corporate director of one of its portfolio companies based on flagrant misconduct (Cal. Corporations Code §304) resulting in the director resigning almost immediately after suit was filed.
Defense of billion dollar telecom firm against claims of fraud and breach of contract arising from alleged failure to purchase millions of dollars of silicon chips (case settled after federal court granted motion to dismiss).
Successful resolution of claims against a publicly traded communications company relating to an alleged breach of a merger agreement and an attempt to assert claims against shares of stock held in escrow to secure indemnification obligations (settlement involved no cost to client).
Prevailed in prosecuting lawsuit enforcing non-competition agreement between client and its franchisee, and obtained complete relief within weeks of filing lawsuit with minimal expense to client.
Intellectual Property, Trademark Infringement and Miscellaneous Commercial Litigation
Successfully defeated motion for preliminary injunction in software copyright infringement action, resulting in expeditious settlement of the case.
Obtained the Ninth Circuit Court of Appeals affirmation of the U.S. District Court?s denial of a motion for a preliminary injunction in a first impression trademark infringement case involving Google?s key word advertising program (Picture It Sold v. iSold It LLC, 2006 WL 2467552 (9th Cir.Aug. 2006)
Obtained shortly after filing a motion to dismiss on behalf of our financial services company client a complete dismissal of a U.S. District Court action alleging violations of the Fair Debt Collection Act and California Business & Professions Code § 17200 et al.
Successful defense of a major internet retailer in action alleging trademark infringement based on use of Google keyword advertising.
Represented firm in claims of misuse of confidential and proprietary information by a former CEO who unlawfully raided employees.
Represented high technology company against a professional conference and presenters of white paper in a trade secrets case. Without filing a complaint, secured agreement by the conference organizers to shut down presentation of white paper and to destroy entire circulation of bound, published conference materials containing trade secret material.
Professional Liability, Errors & Omissions and Malicious Prosecution Cases
The Firm's attorneys defend mortgage brokers, lawyers, real estate and insurance brokers and agents, accountants, and other professionals in malpractice suits. Our litigation and trial experience and related skills in law and motion practice allow us to protect the client and its reputation through all available means, while at the same resolving a case in an efficient and economic manner, whether through mediation or trial.
The Firm?s attorneys defend individual and business clients sued for malicious prosecution. Thus by way of example the Firm obtained on behalf of a defendant company and its codefendant owner an outright Court ordered dismissal of a malicious prosecution suit by prevailing on an anti-SLAPP Motion, and then prevailed on appeal resulting in a published Court of Appeal Decision ( Paulus v. Bob Lynch Ford, 139 Cal. App. 4th 659 (2006), and prevailed as well on Motions for Attorneys Fees and Costs, collecting nearly $100,000.