Your business has been sued, and now the insurer is questioning coverage. That can raise an immediate concern: will your company have to pay its own defense costs while fighting the lawsuit? Under California law, the duty to defend is broader than the duty to indemnify.
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Partnership Dissolution: Judicial Dissolution Grounds and Winding-Up Procedures
A dispute with your business partner may reach the point where you can no longer agree on how the company should operate or what should happen to its assets. In California, a partner can ask a court to dissolve a partnership on specific legal grounds. If the court orders dissolution, the partnership's affairs must then be wound up, which can include paying obligations and distributing remaining assets.
Breach of Contract Disputes: Interpreting Ambiguous Terms and Proving Damages
A California breach of contract claim may turn on two questions: What did the agreement require, and what financial harm did the breach cause? When language is ambiguous, courts examine the contract as a whole and may consider evidence of the parties’ intent.
Counterfeiting and Cybersquatting: Remedies Under the Lanham Act and ACPA
Trademark Infringement Litigation: Likelihood of Confusion Factors and Defenses Like Fair Use
Your company's name, logo, slogan, or other branding helps customers recognize your business and distinguish it from competitors. When another business begins using a mark that is similar to yours—or you receive allegations that your own branding infringes someone else's trademark—the dispute can quickly become more than a marketing concern.
Shareholder Derivative Suits: Demand Futility, Special Litigation Committees, and Director Liability
Shareholder derivative actions occupy a unique place in business litigation. Unlike traditional lawsuits in which a plaintiff seeks compensation for personal harm, a derivative suit is brought by a shareholder on behalf of the corporation itself.
Trade Secret Misappropriation: Establishing Reasonable Efforts to Maintain Secrecy Under the DTSA
For many businesses, some of the most valuable assets are not physical property or equipment but the confidential information that gives them a competitive advantage. Customer lists, pricing strategies, manufacturing processes, software code, research data, proprietary formulas, marketing plans, and business methods can all represent years of investment and development.
Complex Commercial Litigation: Managing Multi-Party, Multi-Jurisdictional Disputes Effectively
Business disputes that span multiple state lines and involve several different parties require serious attention. When a company faces lawsuits pulling it in several directions, the leadership needs a clear path forward.
Securities Fraud Claims Under Rule 10b-5: Proving Scienter and Materiality in Shareholder Class Actions
When allegations of securities fraud arise, the stakes are extraordinarily high for all involved. Corporations, executives, and investors face significant financial exposure and reputational harm. If your business faces a shareholder class action, understanding the foundation of these claims helps you prepare for the legal road ahead.
How to Respond to a Cease and Desist Letter for Trademark Use
Receiving a cease and desist letter regarding trademark use can feel alarming, especially for business owners who have invested time and resources in building their brand. However, this type of letter does not automatically mean you are in the wrong—or that you must immediately comply with every demand. What matters most is how you respond.