Commercial Litigation

As veteran business attorneys who learned to litigate in the country’s most complex commercial litigation landscape, DAE lawyers have long appreciated elegant and creative resolutions to lawsuits and disputes. So do our clients.
Commercial Litigation

They seek our guidance and institutional knowledge to bring efficiency and practical outcomes to their litigation portfolios and legal risks.

We know the California courts, business community and its people, as well as the experts and affiliated resources that make a difference to resolving our clients’ matters. Pre-litigation counseling helps clients anticipate concerns over regulatory compliance. Our track record of early dismissals and summary judgments minimizes the disruption and expense presented by an aggressive plaintiffs’ bar and their newest litigation playbooks.

Commercial Litigation Representative Matters

Lean and strategic, DAE lawyers take care of consumer and collective claims and individual allegations. We offer notable depth in breach of contract disputes and tort claims as well as contract enforcement.

FINANCIAL SERVICES

Secured complete defense victory at arbitration and on appeal on behalf of one of the nation’s largest financial institutions in case involving claims for $10 million in damages brought under California’s consumer protection statutes on behalf of a single plaintiff.

Served as lead counsel and led litigation team in defense of more than 100 consumer cases brought against leading financial institutions on claims involving credit reporting, unfair debt collection, identity theft, false advertising and unfair competition in state and federal courts throughout the country.

Represented a private equity company and its principals sued for breach of promissory note and foreclosure on real and personal property, securing a favorable arbitration award after lengthy evidentiary hearing.

Secured dismissals of numerous matters after successfully demurring to or moving to dismiss complaints in consumer lending matters and prevailed on any appeals of those matters.

Obtained judgments for financial services clients in trials and arbitrations on disputed credit issues.

Obtained multimillion-dollar judgment against defaulting borrower on behalf of division of national bank.

BREACH OF CONTRACT, FRAUD AND TORTS

Achieved a plaintiff and cross-defendant verdict after a seven-day jury trial in San Bernardino on behalf of a technology corporation in a case involving contract and tort claims.

Served as second chair on seven-day jury trial resulting in complete verdict for computer and printer manufacturer plaintiff involving a variety of contract and tort claims and cross-claims.

Awarded a complete defense verdict in a five-week jury trial where the plaintiffs sought millions alleging fraud and breach of contract in connection with a real property dispute.

Obtained a verdict in California breach of contract actions as lead counsel in month-long trial for business dissolution dispute; verdict was a Top 20 verdict in 2017.

Prevailed on summary judgment in defense of claim regarding ownership of multimillion-dollar property and prevailed on appeal of judgment.

Prevailed on summary judgment for defendant in fraud and breach of contract action.

Secured a complete defense decision in a state court trial on behalf of a major university in a discrimination and breach of contract case.

WHITE COLLAR AND COMPLEX LITIGATION

Won acquittal for executive facing 30 years in prison after three-week federal white-collar jury trial in Los Angeles; Daly Journal called it a “stunning” verdict.

Achieved a complete defense verdict on behalf of an executive for a major grocery chain in a federal white collar criminal defense case where the grocery chain had pleaded guilty and paid $70 million in fines and restitution. Even though the trial lasted almost a month, the jury deliberated for less than five hours before returning a “not guilty” verdict on all counts.

Negotiated a favorable plaintiff settlement six days into a ten-day state jury trial in Los Angeles involving a highly publicized celebrity partnership dissolution.

Obtained a preliminary injunction in a dispute between business partners resulting in a settlement and turnover of all business assets to our client.

Manages Fortune 10 global online retailer’s Proposition 65 portfolio, defending and resolving hundreds of matters and bringing an efficient approach to these claims.

Served as lead trial counsel in a jury case for a national telecommunications company and  obtained a defense verdict after successfully moving for nonsuit

Defending multinational technology company with regard to Stored Communications Act and Federal Wiretap Act claims in federal court, having successfully moved to dismiss claims twice, and awaiting order on third motion to dismiss.

Provide ongoing representation of global technology solutions company in large multiparty Superfund action.

Secured complete victory for consortium of entity and individual appellees before the U.S. Court of Appeals for the Federal Circuit in matter involving complex jurisdictional issues.

Defended managing members of LLC engaged in a real estate development against claims by minority member and general contractor seeking over $10 million in damages for misappropriation and fraud. Successfully disposed of all claims through motion practice shortly before two-week arbitration.

Represented commercial property owner in an appeal filed by a former tenant and restaurant owner involving a claim that the property owner fraudulently obtained an eviction and interfered with the tenant’s business.

Defended major casino and resort operator in contested bankruptcy proceedings against claims by a joint venture partner that the company had breached its fiduciary duties and mismanaged its 50%-owned casino and resort property by diverting business away to its 100%-owned properties.

Second-chaired successful three-week trial on behalf of family trusts in a claim by a beneficiary’s former spouse that the trusts were sham entities and that the spouse was entitled to half of the trusts’ billion dollar holdings as community property.

California Industries. Strategic Counsel.

DAE represents global leaders, innovators and market disruptors with workforces and operations in California.

From online retailers and multimedia agencies to financial and health care institutions, we operate in the industries that shape California commerce.