Our Los Angeles litigation attorneys have successfully competed with the litigation departments of preeminent national law firms, where Mr. Albert excelled for over 20 years at the highest levels. While we fight to win and go to the mat for our clients with the expectation that we will try a case to verdict, we never lose sight of our clients’ business needs from a cost/benefit perspective. Our Firm has a better case evaluation perspective than other firms do. In a world of increasing specialization, our mastery of litigation and trial techniques and strategies is enhanced by our experience handling a variety of cases. We have worked on both the plaintiff and defendant side of many different types of complex business and commercial cases from nearly every perspective. We have obtained outstanding outcomes for our clients at the highest levels in the following areas and others:Business and Commercial Litigation
Business disputes can occur no matter which kind of business you own. Disputes often arise between owners, such as between partners or between shareholders. In a corporation in which too much of the profits are distributed to majority owners as compensation, for example, a minority shareholder may claim oppression by majority shareholders. In most cases, disputes are governed by documents generated to form the business. In a partnership, that would be a partnership agreement. In a corporation, bylaws may govern a dispute. Additionally, California laws may apply to the situation.
In the oppression example above, there is no California cause of action for oppression by majority shareholders of a minority shareholder, but a litigation attorney in Los Angeles may be able to pursue other remedies. A shareholder in a close corporation can petition for the involuntary dissolution of the corporation, based on persistent unfairness by those controlling the corporation. Minority shareholders in companies with 35 or fewer shareholders can ask for the involuntary dissolution of the corporation without showing fault if liquidation is reasonably needed to protect their interests or rights. Sometimes a business’ greatest asset is its intellectual property. We may be able to bring an infringement lawsuit or defend a business that is embroiled in intellectual property litigation.Real Estate and Construction Litigation
Construction projects are complex with many moving parts. Often, disputes arise among the parties involved in designing, building, or supplying to a site. Mr. Albert is an accomplished real estate and construction defect attorney who has represented commercial and residential real property owners and developers, borrowers and lenders, sellers and purchasers, tenants and landlords, and others in disputes related to a wide range of properties. He handles claims arising out of construction defects, design defects, billing and payment disputes, bond and lien issues, insurance coverage, contractor non-performance, change order disputes, and indemnity and contribution claims.
The litigation lawyers at our Los Angeles firm have handled disputes arising from various kinds of construction and design defects. Problems in construction may involve a cracking foundation, defective roof or deck construction, improper waterproofing, deficient construction and installation of drywalls, defective pipes and plumbing, building code violations, improperly installed stucco, landscaping deficiencies, framing defects, electrical system defects, or drainage and irrigation defects. In California, a builder can be held liable under various theories, including strict liability, negligence, breach of implied warranty, breach of express warranty, and others. Often, builders include certain conditions in their contracts, and a property owner may need to fulfill those conditions prior to suing. Remedies that may be available include compensation for the reduction in fair market value, the cost of repairs for property damage arising out of the defect, relocation expenses, and storage expenses. Sometimes it may be necessary to hire an expert to investigate the defect or defects at issue.Bankruptcy Litigation
If your business is going into bankruptcy, you should retain experienced litigation attorneys in the Los Angeles area. Our firm’s bankruptcy litigators handle complex bankruptcy disputes and bankruptcy appellate work. In particular, we focus on Chapter 11 bankruptcy cases, which often result in litigation involving creditors and corporate insiders, and which often implicate D&O and E&O coverage issues. Bankruptcy litigation can involve fraudulent conveyances, lender liability claims, debtor-in-possession financings, debtor securities violations, preferential transfer actions, and officer and director negligence and malfeasance. We have succeeded in a range of adversary proceedings and bankruptcy appeals.
A Chapter 11 bankruptcy is often used to reorganize a business. When a corporation files for Chapter 11 bankruptcy, the stockholders’ personal assets are not at risk, other than the value of their investment in corporate stock. However, a sole proprietorship’s Chapter 11 bankruptcy would include personal assets, and in some instances, a partner’s personal assets may also be at risk of being used to pay creditors. A Chapter 11 bankruptcy begins with filing a petition with the bankruptcy court serving the place where a debtor has residence or domicile. A bankruptcy petition can be voluntary or involuntary. The debtor is supposed to file with the bankruptcy court a statement of financial affairs, a schedule of current income and expenditures, a schedule of assets and liabilities, and a schedule of executory contracts and unexpired leases. A trustee will be appointed and play a key role in supervising the bankruptcy process.Insurance Coverage Disputes and Insurance Bad Faith
The litigation lawyers at our Los Angeles firm have handled many complex insurance coverage disputes and bad faith actions. These lawsuits arise in a range of contexts, including partnership disputes, securities actions, bankruptcy litigation, construction defect litigation, and property litigation. They may involve first-party claims, third-party claims, subrogation claims, indemnity and contribution claims, D&O coverage issues, E&O coverage issues, CGL policies, coverage exclusions, and excess insurance policy issues. We have been instrumental in recovering more than $400 million from insurers.
In exchange for a policyholder paying premiums, insurers are supposed to provide coverage, follow the policy terms, and pay claims as required under the terms of the policy. They are also supposed to act in good faith. Unfortunately, many insurers deny valid claims or pay less than what a claim is worth. You may have a bad faith claim if an insurer unreasonably does not meet its duties and does not use fair claims practices. Bad faith claims may arise out of an insurer’s unreasonable denial of policy benefits, misrepresentation of policy terms or facts, unreasonable delay in responding to a claim, failure to use reasonable standards to promptly investigate and process a claim, failure to approve or deny a claim within a reasonable time after an insured submits adequate proof of loss, refusal to make a good faith effort to fairly settle a claim when liability is reasonably clear, or refusal to make an adequate settlement offer.Partnership, LLC, and Corporation Disputes
Whether your dispute relates to a corporation, a limited liability company (LLC), a general or limited partnership, or a joint venture, you can consult a litigation attorney at our Los Angeles firm. We can use our track record of over 25 years in complex business litigation to help you pursue a successful resolution. Issues that often arise in closely held entities include governance disputes, voting and control issues, profit sharing, business expansion or retraction, and financing and accounting disputes.
The structure of the business will affect which laws are implicated in its governance and the disputes that arise. For example, partners owe fiduciary duties of loyalty and care to one another under California Corporations Code section 16404. A duty of loyalty includes a duty to account to the partnership and hold properties, profits, and benefits acquired in the context of the business as a trustee for it. It also includes a duty not to deal with the partnership on behalf of a party that has an adverse interest to the partnership. Partners also have a duty of care to the partnership in the conduct and winding up of the partnership business. This means that a partner must not act with gross negligence or recklessness, or commit intentional or knowing legal violations.Securities, Investment, and Finance Litigation
Our attorneys have represented plaintiffs and defendants in high-stakes cases arising out of securities, investment, and finance disputes. We have handled and tried cases for and against credit unions, officers and directors, broker-dealers and investment advisors, hedge funds, investment and commercial banks, insurance companies, mutual funds, and private companies. The litigation lawyers at our Los Angeles firm have vast experience in securities fraud claims, and we have handled these matters on behalf of both plaintiffs and defendants. We have litigated many cases arising out of fraud and non-disclosure under the California Securities Act and Blue Sky laws. Often, this litigation involves complex insurance coverage issues.
Securities fraud occurs when a person or corporation uses misrepresentations or false information to manipulate the securities market. Securities fraud can result in substantial financial losses and affect the value of securities. It is illegal under both federal and state laws. A private party can make a claim for securities fraud in state court under various statutes and under the common law. For example, California Corporations Code section 25401 prohibits selling securities through a communication that includes a material omission or misrepresentation. You can seek redress for violations of section 25401 under Sections 25501, 25504, and 25504.1. Meanwhile, a common law claim of fraud requires proof that the defendant misrepresented a past or existing material fact, the defendant knew of its falsity, the defendant intended to defraud the plaintiff, and the plaintiff was not aware that the representation was false and relied on it.Professional Negligence
Our attorneys have built strong relationships with the Bench and the Bar in our region, and we recognize the importance of competent lawyers to our society. However, sometimes a lawyer does not meet the appropriate standard of competence, or even exploits their relationship with a client for personal gain, and this may cause losses to a client. The litigation lawyers at our Los Angeles firm can bring professional negligence or malpractice claims against attorneys, as well as other professionals, such as architects, engineers, or accountants. These claims tend to be complex and hard-fought, so retaining an experienced attorney is critical.
The legal theories in professional malpractice cases vary, but often a client will bring a claim based on negligence, a breach of a contract, or a breach of a fiduciary duty. Choosing the appropriate strategy depends on the facts of the case and the relationship between the client and the professional. We can investigate the events leading to the dispute and gather evidence to help you hold a lawyer or another professional accountable for your losses.Consult an Experienced Litigation Attorney
Using sophisticated data and document management software and computer systems, we can efficiently handle large document cases with a lean litigation team. From pre-litigation counseling through trial, and through post-trial motions and appeals, Mark Anchor Albert and Associates advance their clients’ interests vigorously and effectively, achieving the best possible results with skill and determination, as well as efficiency. When settlement is appropriate, we are skillful in negotiating resolution under the most advantageous terms. Whether achieved across the bargaining table or at trial, the litigation attorneys at our Los Angeles firm achieve the best results by working closely with our clients to craft the best possible results without wasteful duplication of efforts or “piling on” with associate attorneys and staff.
To that end, we also work cooperatively with our clients to structure alternative fee structures, involving hybrid contingency/billing arrangements, flat fees, contingency “success fees,” blended rates, and other entrepreneurial and creative billing arrangements to share the risks and rewards of litigation with our clients. This entrepreneurial, flexible, and businesslike approach has enabled us to obtain consistently favorable results and notable victories against the most determined and well-funded adversaries for a fraction of the cost of major law firms and other comparable litigation boutiques. We also provide efficient, determined, and effective defense to clients who are accused of wrongdoing, achieving multiple victories both by motion and by jury verdict. Our comprehensive complex litigation and trial experience and expertise have given us special insights and strategic acumen that enable us to consistently achieve winning results for our clients. Our established track record of success in litigation, trials, and dispute resolution have earned a solid reputation as a formidable Los Angeles business litigation boutique.
Contact the Los Angeles litigation attorneys at Mark Anchor Albert and Associates to find out how to best protect and advance your interests—including your interest in achieving success efficiently and economically.