Business Litigation in California

Our litigation team represents businesses and their owners, including partners, directors, officers, shareholders, LLC members.  We advise clients on a range of matters, including business agreements, partnership and shareholder disputes, breach of contract claims, and complex intellectual property and securities cases.  Our clients come from a variety of industries, including those in fashion, finance, sales, and law.

We look closely at your circumstances to identify strategies that will resolve disputes.  Sometimes, it may be as simple as sending a demand letter to remind the other party of their obligations.  We often try to pursue solutions amicably through negotiation or mediation.  If that does not work, our litigation team has experience arguing before state and federal courts and arbitrating disputes before the American Arbitration Association (“AAA”, the Financial Industry Regulatory Authority (“FINRA”), the Independent Film and Television Alliance (“IFTA”), the Judicial Arbitration and Mediation Services (“JAMS”), and the International Chamber of Commerce (“ICC”).

Mediation is a form of alternative dispute resolution aimed at resolving disputes with the help of a neutral mediator, who is a former judge or attorney trained in the process Mediation is voluntary, though some contracts require parties to attempt mediation before initiating litigation or arbitration.  The mediator does not decide who is right and wrong or otherwise impose a decision.  Instead, the mediator facilitates discussions and devises frameworks to help the parties reach an agreement.  While this is an out-of-court process, our attorneys advise clients on the best strategy to achieve a positive outcome and represent the during mediation.  If it comes clear that settlement is not possible, our litigation team is prepared to represent clients aggressively through arbitration or litigation.

Arbitration is another private form of alternative dispute resolution.  Like mediation, the parties must agree to the process.  That agreement typically occurs long before the dispute, as an arbitration clause in a contract.  However, arbitration differs in that the arbitrator, again usually a former judge or a trained attorney, renders a binding decision, or “award.”  Binding arbitration is final and enforceable in court with very limited grounds for appeal.  Arbitration follows a structure similar to litigation, but the parties have more flexibility in setting the rules and process.  Our attorneys have extensive experience representing clients before leading arbitration organizations, including AAA, FINRA, JAMS, and ICC.

Whether you are filing a lawsuit or defending against one, having a skilled litigation attorney to represent you through the process is essential.  Litigation is complex, requiring an understanding of both the substantive law and procedural rules governing court proceedings.  Having an experienced attorney advocating for your position ensures that your rights are protected.

Litigation extends beyond the courtroom, involving pre-trial negotiations, discovery, motion practice, trial advocacy, and potential appeals.  At every stage, strict legal procedures must be followed—failure to comply could weaken a party’s case or even result in dismissal.  While aggressively advocating for our clients, we also explore client-approved settlement discussions to achieve favorable resolutions efficiently.  At Romano Law, we prioritize timely communication and expert handling of sensitive legal matters, providing strategic solutions to complex disputes.

A contract is a legally binding agreement between two parties, forming the foundation of most business relationships.  A valid contract is established through an offer, acceptance, and consideration, which is something of value exchanged between the parties.  A breach of contract occurs when one party fails to fulfill its obligations.

In California, to prevail on a breach of contract claim, the party seeking enforcement must prove (1) the existence of a contract, (2) a material breach of the contract, and (3) damages caused by that breach.

Generally, there are two types of damages awarded in breach of contract cases: compensatory damages (actual losses) and consequential damages (indirect losses caused by the breach).  California law also recognizes the doctrine of mitigation, meaning the non-breaching party must take reasonable steps to reduce their losses. Courts in California typically do not award punitive damages for breach of contract.

Defamation occurs when a false statement of fact about a person is communicated to a third party, causing harm to the subject’s reputation.  Defamation claims are highly fact-specific, as not all statements—even those that harm a reputation—are legally actionable.

Under California law, a defamation claim requires proof of (1) a false statement concerning a person or company, (2) the statement’s publication to a third party, (3) the author’s intent to publish the statement, and (4) actual damages.

California has a relatively short statute of limitations for defamation claims—typically one year from the date of publication.  If you believe you have been defamed, consulting an experienced attorney promptly is crucial.

Copyright infringement carries serious consequences, as unauthorized use of copyrighted material can lead to significant legal liabilities.  The ease of finding and copying online images, where the source of the image is unknown or unconsidered, leads to most modern-day copyright violations.  Copyright owners who suffer financial harm due to infringement have legal options, including cease-and-desist orders and litigation.  Clients whose company or employees used copyrighted material may be contacted or sued by copyright owners.  Our attorneys assist both copyright owners and alleged infringers, ensuring that all valid claims and defenses are considered.

Trademark infringement occurs when an unauthorized party uses another’s valid trademark in a way that causes consumer confusion.  The Lanham Act, a federal law enacted in 1946, protects trademark owners’ rights and provides legal remedies against infringers.  California law also offers trademark protections for businesses that register their marks with the California Secretary of State.

While registration is not required, it strengthens an owner’s ability to enforce their trademark. Defendants in infringement cases also have several potential defenses. Our attorneys have extensive experience representing clients in both prosecuting and defending trademark infringement claims.

A well-drafted partnership agreement is the best way to prevent disputes, but conflicts can still arise.  Disagreements may occur over contract breaches, business operations, financial issues, a partner’s misconduct, or sometimes just a change in the business or other circumstances.  We assist partners in resolving disputes through negotiation, mediation, buyouts, or business dissolution, depending on the circumstances.

Shareholders have a vested interest in protecting their financial stake in a company.  Disputes can arise when shareholders disagree on business decisions or believe their rights are being violated, in favor of the officers and directors or larger shareholders.  These conflicts can disrupt business operations, lead to legal expenses, and diminish the value of a company and its shares.

While California law provides certain protections to shareholders, the terms outlined in corporate agreements often dictate their rights and available remedies.  Our attorneys help businesses draft clear shareholder agreements to minimize conflicts.  When disputes do arise, we represent shareholders and directors in negotiations and litigation to protect their interests.