Litigation
Combined, our lawyers have been litigating cases for over 50 years in courtrooms and arbitral forums around the country. We understand that companies are not in business to litigate but that sometimes litigate they must. Although litigation may be a last resort, it can be managed in an efficient and cost effective manner and can actually help a company further its business objectives. We founded Tactical Law Group LLP to offer our clients cost-conscious pricing while delivering "big law" quality legal services.
We handle matters running the gamut from licensing disputes, founder and partnership dissolutions and disagreements, to cases involving false advertising, unfair competition and other general commercial, construction and real estate litigation matters. We understand that our clients do not want to be embroiled in expensive and time consuming litigation. That is why we work hard to listen to our clients, understand their goals and deliver creative solutions that save time and money. In fact, we are able to settle some disputes before litigation is filed. To serve the best interests of our clients, we are practical, efficient, nimble and responsive.
Consistent with our focus on business litigation for American companies, our team excels in commercial matters, and we have represented clients in diverse industries including, green and clean tech, e-commerce and the Internet, cellular communications, streaming media, ad serving, email messaging and security, computer hardware and software, medical devices, pharmaceuticals, water filtration technology, biotechnology, real estate, construction, retail and consumer products.
Our lawyers are fierce advocates but also strive to maintain a professional relationship with opposing counsel. It is not helpful to a client if the lawyers become so adversarial that they are not able to find common ground to resolve the dispute. When this happens motion practice increases, tempers flare, and attorneys' fees increase for the client. In our experience companies often want a business solution to the legal problem at a reasonable cost, but if we cannot obtain that favorable settlement, rest assured that we are not afraid to go to trial.
Examples of successful business and commercial matters that our attorneys have handled include:
• Breach of contract disputes and contract termination advice
• Software audits and termination issues
• Intellectual property licensing, software and other technology transaction disputes
• Business torts such as breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing and bad faith
• Founder and partnership disputes and dissolutions
• False advertising and unfair competition
• Product liability
• Indemnification and warranty related disputes
• Employment discrimination and wrongful termination
We handle matters running the gamut from licensing disputes, founder and partnership dissolutions and disagreements, to cases involving false advertising, unfair competition and other general commercial, construction and real estate litigation matters. We understand that our clients do not want to be embroiled in expensive and time consuming litigation. That is why we work hard to listen to our clients, understand their goals and deliver creative solutions that save time and money. In fact, we are able to settle some disputes before litigation is filed. To serve the best interests of our clients, we are practical, efficient, nimble and responsive.
Consistent with our focus on business litigation for American companies, our team excels in commercial matters, and we have represented clients in diverse industries including, green and clean tech, e-commerce and the Internet, cellular communications, streaming media, ad serving, email messaging and security, computer hardware and software, medical devices, pharmaceuticals, water filtration technology, biotechnology, real estate, construction, retail and consumer products.
Our lawyers are fierce advocates but also strive to maintain a professional relationship with opposing counsel. It is not helpful to a client if the lawyers become so adversarial that they are not able to find common ground to resolve the dispute. When this happens motion practice increases, tempers flare, and attorneys' fees increase for the client. In our experience companies often want a business solution to the legal problem at a reasonable cost, but if we cannot obtain that favorable settlement, rest assured that we are not afraid to go to trial.
Examples of successful business and commercial matters that our attorneys have handled include:
• Breach of contract disputes and contract termination advice
• Software audits and termination issues
• Intellectual property licensing, software and other technology transaction disputes
• Business torts such as breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing and bad faith
• Founder and partnership disputes and dissolutions
• False advertising and unfair competition
• Product liability
• Indemnification and warranty related disputes
• Employment discrimination and wrongful termination
Breach of Contract/LicensingSuccessfully defended Oracle customer Cogent Communications in copyright and licensing breach of contract dispute in the Northern District of California stemming from a software audit of Cogent's use of Oracle software.
Successfully represented video platform, advertising and analytics company Ooyala Inc., in a breach of contract dispute involving a former vendor and provider of technology services in Santa Clara Superior Court. A biomedical research company in South San Francisco designed a clinical trial for a large pharmaceutical company. Most of the important work was front-end loaded and occurred at the beginning of the contract, while most of the payments were back-end loaded and were to occur nearer the conclusion of the contract. The defendant, a big pharma company, got all the benefits of the contract, and then alleged that the biomedical research foundation was in breach and sought to terminate the contract and withhold further payments. The client filed for arbitration asserting that it was the big pharma company that was in breach. After a three week arbitration hearing, a panel of three arbitrators found for the biomedical research foundation and awarded the client $33 million in damages plus attorneys’ fees. The opponent challenged the award in federal district court, but the award was affirmed and the judgment paid. An Oakland based communications strategy company contracted with a large golf club manufacturer to design its marketing campaign involving both print ads and television. After the client had performed, the golf club manufacturer attempted to withhold payment for the work. The client filed an arbitration demand and after a three day hearing, the arbitrator found that the golf club manufacturer had breached the contract, and awarded the client over $1,000,000 in damages.
A software company entered into a contract with a non-practicing entity (NPE) to allow the NPE to monetize its patent. The NPE had promised to use its best efforts to obtain licensing revenue, but after months of no progress monetizing the patent, the client terminated the patent license agreement. The NPE then filed an arbitration for specific performance and sought a declaration that the contract had not been terminated and that the NPE still maintained the right to assert the patent. After a two day arbitration hearing, the case favorably settled and the inventor got its patent back.
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Founder Disputes & EmploymentSuccessfully defended entrepreneur in a wage & hour action in San Francisco Superior Court brought by business partner who later claimed that he was an employee and not a business partner and should have been paid wages.
Women' Professional Soccer LLC was dealing with a rogue team owner who wouldn’t follow league rules and fulfill his contractual obligations. The League decided to terminate the team's franchise. After the termination, the team owner challenged the termination provision and sought a preliminary injunction in Florida state court ordering the owner back into the League. During the course of a multiple day preliminary injunction hearing, the client was able to obtain a favorable settlement and to prevent the rogue owner from returning to the League. Founders of a Bay Area software company brought suit after one of the company's founders refused to perform as agreed yet insisted on his salary. Represented the performing founders who brought a lawsuit and ultimately were able to oust the rogue founder from the company.
Represented partner of a well known San Francisco law firm in dissolution of the partnership. The litigation was very hard fought with accusations that certain parties were bugging conversations, stealing documents and generally behaving badly. Case settled favorably prior to trial.
Defended Kaiser Permanente in wrongful termination and race based employment discrimination lawsuit brought by 2 former medical assistants. Kaiser moved for summary judgment and won and both cases were dismissed by the judge with prejudice without the need for a trial.
Defended Kaiser Permanente in a sex discrimination lawsuit brought by an employee who claimed that her boss retaliated against her when she terminated their romantic relationship. Obtained favorable settlement for client.
Defended a subsidiary of Norcal Waste Systems in a wrongful termination case where the Plaintiff complained of alleged age discrimination. Successfully settled the case for the client well short of trial and at a reasonable cost.
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Other DisputesRepresented a healthcare company in devising a strategy to successfully terminate a multi-year contract. We were able to resolve the dispute informally without the need for filing expensive litigation.
Defended Intuit a products liability and breach of contract action involving their well known Quickbooks product. The plaintiff filed suit claiming that the software malfunctioned, and as a consequence the company lost all of its important business data. Intuit defended on the grounds that the software was not defective, but that it had been user error that caused the data loss and was able to settle the case favorably prior to trial. A small company had licensed a software product from a large and aggressive multinational corporation. The large corporation started pressuring the client to upgrade its software. The client declined and the large company insisted on auditing the smaller company. After the audit the large company claimed that the client was not in compliance and terminated the license. We fought back and were able to settle the matter and keep the software without paying more money and without the need of filing an actual lawsuit.
Represented a subsidiary of Recology, formerly known as Norcal Waste Systems, in an environmental dispute over a leaking landfill in Northern California. Successfully defended the action, and then sued the client's insurer for bad faith after it denied coverage for the claim. Case settled favorably and client obtained coverage from the insurer.
Defended Intuit in a case alleging violation of the CAN SPAM Act. Negotiated a successful dismissal of the case without the need for motion practice.
Defended Krementz & Company, a well known jewelry company in a suit brought by a manufacturer of artificial gems for alleged antitrust violations under both federal and California law, and related business torts. Successfully settled case.
Defended well known mobile telephone carrier in an antitrust and business tort lawsuit. Moved for summary judgment and won without the need to try case.
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