As experienced San Diego Business Litigation Attorneys, we combine high standards of personal and professional integrity with aggressive and effective legal representation, consistently achieving outstanding results for business litigation clients, not just in San Diego County and the surrounding area, but in Orange County, Los Angeles County, Riverside County and across the state of California.

The members of our Firm have trained in civil litigation in a variety of law firm and corporate settings throughout their professional careers. We have a diverse group of clients including insurance companies, non-profit organizations, corporations, manufacturers, professionals, and health maintenance groups. Partners of our Firm are rated "AV" by the Martindale-Hubbell Law Directory, and have lectured extensively on many aspects of civil litigation. Our attorneys work around the clock to meet your litigation needs. A representative sample of the types of cases handled by our Firm includes the following:

• Professional Liability
• Business Commercial Litigation
• Employment Litigation
• Insurance Law
• Personal Injury
• Intentional Torts
• Premises Liability
• Products Liability
• Construction Litigation
• Real Estate Litigation
• Wrongful Death Actions
• Appellate Practice
• Alternative Dispute Resolution
• Securities Litigation
• Business Contracts
• Intellectual Property
• Mergers & Acquisitions
• Succession Planning
• Franchise & Other Types of Business Marketing
• Government Regulation
• Defamation
• Breach of Fiduciary Duty
• Licensing & Commercial Contracts
• Sales Commission Disputes
• Trade Secrets
• Business Formation

As skilled San Diego Business Litigation Attorneys, we represent clients in a broad spectrum of business litigation matters. Ironically, the bold courtroom presence for which our attorneys are widely recognized works as a powerful compromise settlement tool. Our continuing readiness to litigate and our well-known high level of preparation make it apparent to opposing counsel that if the issues must be litigated it is going to be a hard-fought battle.

We are committed to assisting clients in anticipating and providing for potential legal disputes so that litigation can be avoided. We believe that avoiding legal problems is vastly preferable to litigating them. Should you retain White, Oliver & Amundson, APC you may be certain that no other firm will negotiate more effectively or litigate more vigorously on your behalf.

If you or someone you know needs the skilled legal services of an experienced San Diego, California Business Litigation Attorney, call White, Oliver & Amundson today at 866-610-3040, or use the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Business Contracts:
Business contracts are written agreements spanning a broad range of the business relationships that occur in the life of a typical company. They can include non-compete agreements, non-piracy agreements, non-disclosure agreements, restrictive covenants, employment agreements, producer agreements, sales representative agreements, consulting agreements, management agreements, franchise agreements, licensing agreements, deferred compensation agreements and independent contractor agreements.

Real Estate Financing and Transactional Services:
Typically, as they expand, growing businesses become more and more involved in real estate transactions, ranging from office space to retail store properties to warehouses and shopping mall syndication. A qualified business lawyer can provide valuable assistance in traditional real estate purchase, sale and leasing transactions, and in dealing with environmental and various other issues arising out of industrial and agricultural redevelopment projects.

Securities Litigation:
In the course of financing their expansion, businesses commonly turn to one or more activities involving the sale of securities, ranging from the funding and formation of start-up companies to buying and selling professional practices, assets, divisions and companies, and engaging in private stock offerings and re-sales. Businesses may also get involved with such things as structuring venture capital financing, forming off-shore sales and sourcing entities, structuring commercial and partnering transactions and syndicating real property acquisitions.

Intellectual Property:
The term "intellectual property" refers to a "creation of the intellect" that has commercial value, such as copyrighted literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, names, images, and designs used in commerce and in industrial processes.

Mergers and Acquisitions:
The phrase "Mergers and Acquisitions" refers to corporate finance strategy and management dealing with the merging and acquiring of different companies as well as other assets. Usually mergers occur in a friendly setting where executives from the respective companies participate in a due diligence process to ensure a successful combination of all parts. Corporate mergers are often aimed at reducing market competition. On other occasions, acquisitions can occur through hostile takeover by a "corporate raider" purchasing the majority of outstanding shares of a company in the open market. In the United States, business laws vary from state to state whereby some companies have limited protection against hostile takeovers.

Technically, what differentiates a merger from an acquisition is how it is financed. Simply put, a merger is a combination of two companies into one larger company. A "merger" or "merger of equals" is often financed by an all-stock deal (a stock swap). An all-stock deal occurs when all of the owners of stocks of either company get the same amount of stock in the new combined company. The term "demerger" is sometimes used to indicate the effective opposite of a merger, where one company splits into two, the second often being a separately listed stock company if the parent was a stock company. An acquisition (a larger company buying out a smaller company) can involve a cash and debt combination, or just cash, or a combination of cash and stock of the purchasing entity, or just stock. In addition, the acquisition can take the form of a purchase of the stock or other equity interests of the target entity, or the acquisition of all or substantially all of its assets.

Succession Planning:
Succession planning is the process of identifying and grooming suitable replacements, through mentoring and training, for such key company employees as a CEO upon the expiration of his or her term of office.

Employment Law:
Employment law is a growing and ever-changing body of state and federal statutes, rules, regulations, ordinances, judicial precedents and administrative rulings touching on the legal rights and obligations of employers and employees, and of their respective affiliated organizations. One or another aspect of employment law affects virtually every facet of commercial activity in the modern marketplace.

Fraud:
This is an area of law that often overlaps with criminal law. In the civil business litigation arena, the proof requires a showing that the defendant made a false statement, intending that the plaintiff rely upon it. There must also be a showing that the plaintiff did, in fact, rely upon it, and that the plaintiff suffered damages as a result. Punitive damages are commonly awarded to successful plaintiffs in fraud cases.

Franchises and Other Types of Business Marketing:
A great many small businesses in the marketplace today are operated not as purely independent businesses, but as franchises, distributorships, or any of various types of licensing arrangements. All of these businesses are created through written agreements containing express and implied warranties, and it is not uncommon for issues to arise resulting in litigation.

Government Regulation:
Businesses often find themselves at odds with one governmental agency or another, whether it be the local zoning commission, the federal Environmental Protection Agency, the Federal Trade Commission, or any one of several hundred other federal, state and local agencies. Conflicts with governmental agencies are usually covered under state and federal statutes, and also under state and federal regulations and local ordinances.  As a general rule such conflicts are litigated before administrative tribunals under administrative law.  This usually imposes fewer formal requirements on the parties and produces a quicker result, but sometimes it does so at the expense of someone’s rights. If you feel that your rights have been violated in an administrative hearing that has gone against you, the judicial system will consider an application for relief, based upon allegations that there was an abuse of discretion in the holding against you.

Defamation:
Defamation is the communication of a false and unprivileged statement that exposes another to hatred, contempt, or ridicule, or which causes him or her to be shunned or avoided, or which has a tendency to injure him or her in his or her trade or occupation. The defamatory statement must be communicated to someone other than the person to whom it refers, and it must refer to a living person. Defamation communicated verbally it is called Slander, but if it is communicated in writing, it is called Libel. Most defamation litigation in the business arena concerns the employer’s “qualified privilege” to defame. Under this concept, employers and former employers are often protected from liability for defaming employees or former employers. By its very definition, however, the privilege is “qualified,” and not absolute. It is generally limited to situations in which the employer or former employer is making a good faith communication of information to someone who has a legitimate interest in receiving it.

Breach of Fiduciary Duty:
The formation of a "fiduciary relationship" begins when someone places special confidence and trust in another who has substantially superior knowledge and training, and also relies on that person to act in his or her best interest. If this trust is knowingly and voluntarily accepted, a “fiduciary” relationship is said to exist. This places a legal duty on the stronger of the two to act diligently in the best interest of the weaker party and never, under any circumstances to secure any advantage at the weaker party’s expense. There are a limited number of circumstances in business transactions where a fiduciary relationship comes into play. Courts tend to rigorously enforce fiduciary duties, and in the event of a willful breach often award punitive damages as well as compensatory damages. Some common examples of fiduciary relationships are a trustee-beneficiary relationship, a doctor-patient relationship, a lawyer-client relationship and a corporate officer-stockholder relationship.

Licensing and Commercial Contracts:
Business services attorneys counsel clients in a wide range of commercial and intellectual property (IP) transactions. They provide assistance in structuring, drafting, reviewing and negotiating commercial and IP agreements related to the development, acquisition and commercialization of technology, IP, goods or services. The types of agreements involved in these transactions include:

• Software license, maintenance and support, source code escrow, end user license, patent and other technology license agreements
• Development agreements
• Purchase and supply agreements
• Manufacturing agreements
• Distribution, reseller, value-added reseller (VAR) and original equipment manufacturer (OEM) agreements
• Referral, marketing agreements
• Employment, consulting, technical services and outsourcing agreements
• Joint venture, strategic partner, technology transfer agreements
• E-commerce and Internet-related agreements (including web-based hosting agreements, application service provider (ASP) agreements, web site development, privacy policies and website terms of use)
• Non-disclosure agreements

Sales Commission Disputes:
In avoiding sales commission litigation there is no substitute for an artfully drafted agreement spelling out precisely how and at what rate sales representatives are to receive commissions. Common usage and custom are also taken into consideration by courts in determining the issues, even where there is a written agreement.

Trade Secrets:
A trade secret is any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over others. Trade secret difficulties can be eliminated or, at least, minimized by effective legal language in employment and/or severance agreements, but situations will still arise from time to time where litigation presents the only viable solution.

Litigation and Dispute Resolution:
Commercial disputes often become legal disputes, the resolution of which typically proceeds along an escalating scale of confrontation ranging from informal settlement negotiation to hardball litigation. An effective business litigation attorney must have complete mastery of this complex and challenging field of law, but more than that, he or she must also have the patience and personal skills to operate on an informal level, and the aggressive forensic ability and tenacity to claim victory in the courtroom.

Contract Remedies:
Contracts are the very stuff upon which the marketplace is founded, and they provide the basis for a large share of business litigation. The remedies for breach of contract include money damages and injunctive relief expressly directing one of the parties to perform a contractual obligation. This remedy involves a form of injunction called a “specific performance” decree. The remedy of specific performance is often called an “extraordinary” equitable remedy, in that courts will not grant specific performance except in a sharply limited number of circumstances. Punitive damages are not an available remedy in a contract lawsuit.

Business Litigation:
Business litigation is the area of law that provides assistance in the preparation and presentation of a lawsuit or other resort to the courts to determine a legal question or matter in business situations. Business can be any activity or enterprise entered into for profit, usually a company, a corporation, partnership or any such formal organization.  Business lawyers advise and represent businesses and financial institutions in such areas as business torts, class actions, complex contracts, financial forensics, government investigations, international dispute resolution, professional relations, real estate disputes, securities and antitrust, technology and intellectual property, professional malpractice, shareholder and corporate governance and telecommunications.  Business lawyers place an emphasis on achieving or defending against pre-judgment remedies, including pre-judgment orders for writs of possession, attachments, temporary restraining orders, and injunctions, as well as arbitration or mediation settlements and monetary compensation resulting from lawsuits.  Transactional business lawyers represent clients in matters relating to, but not limited to, organizational, operational and contractual documents for corporations, partnerships and limited liability companies, commercial transactions, mergers, real estate acquisitions, leasing and development and commercial financing.

Alternative Dispute Resolution:
Business disputes can be resolved traditionally, by way of litigation.  This involves the filing of a lawsuit in court that is then answered by the defendant.  Over a period of months and sometimes even years, a lawsuit makes its way through the system, ultimately to be decided by a judge sitting alone, or by a jury, presided over by a judge.  It is an expensive, tedious and time-consuming process.  The modern trend in the economic world is away from the courthouse in favor of one or the other of two less formal, less expensive, faster and more efficient methods of conflict resolution, called "mediation" and "arbitration".

Mediation:
Mediation is one form of Alternative Dispute Resolution that is gaining in popularity in business litigation matters.  In this process the parties jointly select a mediator, usually a lawyer known by both sides to be honest and fair and, more importantly, known to have experience with the type of issues involved in the mediation. Each side submits written factual summaries to the mediator, together with any legal citations that seem appropriate.

There is a meeting, usually at the mediator's office.  The mediator meets first with both sides, inquiring whether or not there has been any progress toward settlement, and if so, he or she may invite the parties to use his office to discuss the matter further.  If they decide to do that the mediator usually leaves the room for a time, to give both sides a chance to communicate freely.  Upon returning, if the parties have not reached any agreement, the mediator will meet with one side separately, commenting on that side's factual summary and legal citations, expressing an opinion as to the probable outcome if the issues are litigated, and finally, making a recommendation with regard to settlement.  Then the mediator meets with the other side, separately, and repeats the process.  The mediator gives both sides an opportunity to meet with their respective attorneys and discuss the mediator's interpretation of the case and settlement recommendations.  Then all come together again and the mediator attempts to urge both sides toward a common ground of settlement approximating the recommendation he or she has made.  Frequently, the parties will reach a settlement agreement, either on the terms recommended or upon some other and different terms.  The mediator has no authority to impose a settlement, so the parties remain free to resolve their dispute in court.

Arbitration:
Arbitration is a method of Alternative Dispute Resolution.  In this process, the parties jointly select a lawyer to act as arbitrator.  The idea is to choose someone with an outstanding reputation for personal and professional integrity, with heavy litigation experience involving cases similar to the one in which the parties are currently involved.  The parties may select either "binding" or "non-binding" arbitration.  Some lawyers discourage their clients from participating in "non-binding" arbitration, seeing futility in the expense and inconvenience of a process that may prove a waste of time.  Other attorneys discourage their clients from participating in "binding" arbitration, so that their options are preserved in the event of an unreasonable adverse ruling by the arbitrator.

Arbitration is more like a trial than is Mediation.  For one thing, in binding arbitration the arbitrator's decision is virtually the same as a judgment.  In both types, however, the arbitrator actually renders a decision, as opposed to simply making a recommendation.  Each side submits an arbitration brief, containing a summary of relevant facts, a list of the legal issues thought relevant, and reference to the applicable law.  There is a hearing in the nature of a trial, but much less formal.  It is usually held at the arbitrator's office.  Sworn testimony may be offered, subject to cross-examination.  The attorneys usually join in a stipulation agreeing that certain specified facts are not in dispute.

The rules of evidence are less rigorously applied in arbitration hearings than in trials.  Sometimes the arbitrator announces a decision at the end of the hearing, but more often, the case is taken under submission by the arbitrator, the decision being communicated by letter to both sides within a week or two.  The arbitration process takes a lot of pressure off the court system, and it has proven itself as an effective alternative method for the resolution of disputes.

Business Formation:
There really isn’t any need for legal counsel in forming a sole proprietorship, but other forms of business organization are a good deal more complicated and are best accomplished with the assistance of a lawyer.  These include the formation of partnerships, limited liability companies and corporations.

Business and Corporate Services:
Business and corporate services involves advising companies and investors in the purchase, sale and mergers of businesses.  The services provided include forming and funding start-up companies, buying and selling practices, assets, divisions and companies, engaging in private stock offerings and re-sales, structuring venture capital financing, forming off-shore sales and sourcing entities, structuring commercial and partnering transactions and syndicating real property acquisitions.

Employment Handbooks and Policy Manuals:
Most large companies have Employee Handbooks and Policy Manuals.  They serve a very useful purpose in making employees fully aware of what they can expect from their employer, and what is expected of them.  Both are useful tools in preventing litigation simply by removing confusion.  The growing trend is for small companies to have them also.  One always hopes that a business will grow and it is much more effective to have such things in place before the growth occurs than afterwards.

Software:
Computer software issues are among today’s fastest growing areas of business litigation.  This burgeoning commercial field is broad-based, spanning many levels, including software licensing, maintenance and support, source code escrow, as well as end user licensing, patent and other technology license agreements.  High-tech business litigation also involves software development agreements, purchase and supply agreements, manufacturing agreements and non-disclosure agreements.

If you or someone you know needs the skilled legal services of an experienced San Diego, California Business Litigation Attorney, call White, Oliver & Amundson today at 866-610-3040, or use the contact form provided on this site to schedule your initial consultation.

If you or someone you know needs the skilled legal services of an experienced San Diego, California Business Litigation Attorney, call White, Oliver & Amundson today at 866-610-3040, or use the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
White, Oliver & Amundson, APC
550 West C Street
San Diego, CA 92101
Telephone: 866-610-3040
Fax: 619-239-0344

PARTNERS:

Daniel M. White

Daniel White was born in Orange, California, on February 14, 1947, and was admitted to the California Bar in 1975. He was educated at San Diego State University (B.A., 1972) and Hastings College of Law, the University of California (J.D., 1975). He belongs to Alpha Mu Gamma, the National Honorary Foreign Language Society and Pi Sigma Alpha, the National Honorary Political Science Society. Mr. White is a member of the American Board of Trial Advocates (Advocate), the American Bar Association, the State Bar of California, the San Diego County Bar Association (Legal Malpractice Committee), the Association of Southern California Defense Counsel (Board of Directors, 1992-1994), the San Diego Defense Lawyers Association (Board of Directors, 1989-1990), and the Association of Business Trial Lawyers of San Diego (Board of Governors, 1999-2001).

The San Diego Defense Lawyers named Mr. White "Defense Lawyer of the Year" for 2002. In the San Diego Magazine for the years 2001 and 2005, Mr. White was recognized in the "Best Lawyers" section, and in the February 2002 edition of California Lawyer, he was recognized as one of the best attorneys in the legal malpractice area of law. In 2006, The San Diego Daily Transcript listed Mr. White as one of the top ten attorneys in San Diego. Additionally, he has been selected to be included in The Best Lawyers in America for the years 1999-2006.

He has served as an arbitrator for the American Arbitration Association, and an arbitrator and Judge Pro Tem for the San Diego County Superior Court. He served as an Adjunct Professor of Law at the University of San Diego School of Law (1987-1990). Mr. White is rated "AV" by Martindale-Hubbell Law Directory and holds the rank of Major (retired) in the United States Army Reserve.

Mr. White also serves and qualifies as an expert witness in legal malpractice litigation. His specialties include agricultural litigation, business litigation, construction litigation, professional liability litigation (accountancy, legal and medical professionals), product liability litigation, real estate litigation, and intellectual property litigation.

Susan L. Oliver

Susan L. Oliver was born in Iowa City, Iowa, December 25, 1966, and was admitted to the California Bar in 1992 and the United States District Court (Southern District of California) in 1993. She was educated at the University of Iowa (B.A., with distinction, 1989, Phi Beta Kappa) and the University of Iowa College of Law (J.D., with distinction, 1992). While in law school, Ms. Oliver was a member of the Iowa Law Review. Ms. Oliver is rated "AV" by Martindale-Hubbell Law Directory. She is a member of the San Diego County Bar Association, the Association of Southern California Defense Counsel, the San Diego Defense Lawyers Association, the American Inns of Court (Louis M. Welsh Chapter), the Defense Research Institute and the Association of Business Trial Lawyers of San Diego. Ms. Oliver regularly presents seminars on employment law and personal injury issues. Ms. Oliver specializes in professional liability, personal injury, business, employment and complex civil litigation.

Steven G. Amundson

Steven G. Amundson was born in Watertown, South Dakota, March 10, 1952, and was admitted to the California Bar in 1976. He was educated at the University of Iowa (B.A., with distinction, 1973, Phi Beta Kappa) and Stanford University (J.D., 1976). Mr. Amundson is rated "AV" by the Martindale-Hubbell Law Directory. He is a member of the American Board of Trial Advocates (Associate), the State Bar of California and has been admitted to practice in the United States Supreme Court, United States Court of Appeal (Ninth Circuit), United States District Courts (Southern, Central and Eastern Districts of California). He has served as an arbitrator for the American Arbitration Association. Mr. Amundson is also a member of the San Diego County Bar Association, the Association of Business Trial Lawyers of San Diego, the San Diego Defense Lawyers Association and served on the board for the Association of Southern California Defense Counsel (2003). He regularly appears on panels for deposition and advanced deposition practice. His specialties include business and employment litigation, professional liability, personal injury and construction litigation.

ASSOCIATES:

Beth J. Manover

Beth J. Manover was born in Brooklyn, New York, October 21, 1972, and was admitted to the California Bar and the United States District Court (Southern District of California) in 2001. She was educated at The American University (B.A., Dean's list, 1994) and the University of San Diego School of Law (J.D., 2001). Ms. Manover is a member of the State Bar of California, the San Diego County Bar Association, the San Diego Defense Lawyers Association, the American Trial Lawyers Association, and the American Inns of Court (Louis M. Welsh Chapter).

Mina Miserlis

Mina Miserlis was born in San Diego, California, February 18, 1972, and was admitted to the California Bar in January 1998. Ms. Miserlis was admitted to the United States District Court (Southern District of California) in 2001. She was educated at the University of California, Berkeley (B.A., 1994, Summa Cum Laude, Phi Beta Kappa) and Loyola Law School, Los Angeles (J.D., 1997). Ms. Miserlis is a member of the San Diego County Bar Association, the Barrister's Club, the San Diego Defense Lawyers Association and the Association of Business Trial Lawyers.

Conor J. Hulburt

Conor J. Hulburt was born in Escondido, California, November 14, 1980, and was admitted to the California bar and the United States District Court (Southern District of California) in 2007. He was educated at California State University, Chico (B.A., 2003) and the University of San Diego School of Law (J.D., 2007). Mr. Hulburt is a member of the State Bar of California, the San Diego Defense Lawyers Association, and the American Association for Justice.

OF COUNSEL:

Robert E. Gallagher, Jr.

Robert E. Gallagher was born in Albuquerque, New Mexico, June 6, 1950, and was admitted to the California Bar in1975. He was educated at California Western University (U.S.I.U.) (B.A. 1972) and California Western School of Law (J.D.1975), and is admitted to the United States District Court for the Southern District of California, the United States District Court for the Central District of California, the United States District Court for Arizona, the Ninth Circuit Court of Appeals and the United States Supreme Court. Mr. Gallagher has received the highest rating ("AV") available from Martindale-Hubbell Law Directory for ethics and legal ability. He is a member of, and has served on the boards of a number of professional organizations, including the American Board of Trial Advocates, the San Diego County Bar Association, Defense Research Institute, Association of Southern California Defense Counsel, San Diego Defense Lawyers and the Academy of Hospitality Industry Attorneys.

Linda J. Sinclair

Linda J. Sinclair was born in Port Hueneme, California, October 29, 1949, and was admitted to the California Bar in 1989. She is also admitted to the United States District Court for the Southern, Central, Eastern and Northern Districts of California, and the United States Court of Appeals for the Ninth Circuit. She was educated at the University of Texas (B.A., with high honors, 1986) and the University of Texas School of Law (J.D., 1989). While in law school, Ms. Sinclair was a member and director (1988-1989) of the Board of Advocates. Ms. Sinclair specializes in general and complex civil litigation and alternative dispute resolution, employment, professional liability, and significant personal injury and product liability matters. She is also an appellate practitioner whose successes include Carretti v. Italpast, 101 Cal. App. 4th 1236 (2002).

Micheal C. Webb

Micheal C. Webb was born in Cleveland, Ohio, on September 1, 1945, and he was admitted to the California Bar in January 1981. He is also a member of the Hawaii Bar (May 1981), and he is licensed to practice law in Colorado (1995). Mr. Webb was educated at the University of California, Davis (BA Economics 1972, MA Economics 1976, JD 1980). Mr. Webb is also a member of the bar of the USDC for the District of Hawaii, and of all four federal judicial districts in California, as well as the 9^th Circuit Court of Appeals and the US Supreme Court. In law school, Mr. Webb was president of the Law Students Association (1979-1980). While in private practice in Hawaii (1980-2001), Mr. Webb served as a court appointed Commissioner and Master, and as an arbitrator for the American Arbitration Association. Mr. Webb also served as a hearing committee member for the Office of Disciplinary Council for the Hawaii State Bar Association, and as an expert witness in a legal malpractice action. Mr. Webb served as a commissioned officer and a Naval Aviator in the United States Marine Corps during the Vietnam war, and he is still active in general aviation as a flight instructor for all levels of certification for single and multiengine aircraft and instruments. Mr. Webb specializes in business, commercial, personal injury, real property, construction, and complex litigation, with an emphasis on federal proceedings.