Practices
Business Litigation
Successful businesses find practical solutions to complicated problems. They are nimble enough to anticipate and address the challenges of an evolving marketplace, delivering exceptional goods and services to their clients and customers. They tackle disputes head-on.
Carr McClellan’s business litigators do the same. For more than 70 years, we have partnered with our clients to resolve their most important and complex disputes in industries central to California’s economy. From cutting-edge technologies in software, hardware, and telecommunications, to traditional sectors such as finance, manufacturing, real estate, construction, and food and beverage, our clients have come to expect the unparalleled responsiveness and superior value that we consistently provide. We reach a deep understanding of our clients’ businesses, technologies, partnerships, and personnel in order to develop the most appropriate litigation strategy.
But each strategy is only as good as its implementation, so our attorneys have demonstrated experience and expertise in the areas of dispute resolution that matter most to our clients. We help our clients enforce their contractual rights, defend their employment practices, mitigate their risks, and make their competitors play fair.
Our careful preparation of each case positions our clients for early and favorable resolution with minimal disruption to their businesses, but we’re also always ready to try our clients’ cases before a judge, arbitrator, or jury. Whether in pre-suit negotiations, during litigation, at trial, or on appeal, we focus on delivering the best overall result for our clients, with litigation strategies that further our clients’ business objectives.
Representative Matters
Business Disputes
Carr McClellan’s litigators have the expertise to handle the diverse range of business disputes our clients encounter. We have an exemplary record of success litigating and resolving matters involving breach of commercial agreements, business torts, unfair competition, shareholder and partnership disputes, insurance coverage, creditor/debtor rights, product liability, transportation, mortgages, and consumer investment products. Representative business disputes include:
Successfully defended the parent of a global project management company in a $100 million claim involving complex alter ego and conspiracy theories. The case was settled on very favorable terms after filing a motion for summary judgment.
Successfully defended a client from a $21 million fraud claim, obtaining a summary judgment dismissing the client from the case before trial.
Successfully tried to judgment a fraud/breach of fiduciary duty action arising out of a failed investment that resulted in a multi-million dollar judgment in our client’s favor, including punitive damages and a non-dischargeability determination in bankruptcy.
Secured recovery of over $4 million in marine bio-diesel as security for a $9 million breach of contract claim on behalf of a cruise line operator.
Obtained a jury verdict in favor of defendants accused of breach of fiduciary duty and fraud arising from a multi-million dollar data center development
Represent multiple families in complex litigation arising from the September 2010 PG&E-San Bruno fire.
Successfully tried a jury verdict in a lease dispute on behalf of a government agency that was the culmination of a four-year dispute that included four different lawsuits, including one for $800 million, and three bankruptcy proceedings.
Successfully arbitrated and then mediated a dispute over 51% ownership interests in businesses with over $75 million in revenue. The dispute involved multiple lawsuits, and we successfully obtained the majority interest on behalf of our client.
Successfully resolved a multi-district dispute against a major New York publisher over a buy-out contract with a result in excess of $47 million without filing a lawsuit.
Successfully defended a business owner from ERISA pension fund claims in excess of $1 million. The owner was not required to pay anything on the claim.
Real Estate
Real estate has been a core part of Carr McClellan’s practice since the firm’s founding. Our litigators and attorneys resolve disputes and try cases for developers, commercial and residential property owners, and commercial landlords and tenants, both public and private, throughout California and the United States. Representative matters include:
Recovered $4.3 million for real estate investors that was stolen from a §1031 exchange account.
Won a defense verdict in a complex groundwater contamination case.
Successfully defended a real estate partnership in action for dissolution brought by minority partners.
As appellate counsel for the sellers, we obtained the reversal of a judgment ordering specific performance and awarding substantial damages in the sale of a mobile home park.
Successfully defended the Town of Hillsborough in a writ of mandate proceeding involving the adequacy of its General Plan and approvals granted for a new gymnasium and classroom building at a private school.
Represented the owner of a historic building to obtain CEQA and municipal approvals for renovations and expansion.
Obtained a Court of Appeal decision reversing a judgment against our client for a breach of a real estate sales contract.
Successfully resolved failure to disclose claims involving a multimillion-dollar residence, with our clients paying nuisance value.
Successfully defended a development owner through a trial of claims for wrongful eviction.
