Handling Business Disputes

Effective business litigation representation requires more than just an understanding of business law. An attorney must understand both the client and the client’s business. There is no substitute.

At Korb/Law, we work hard to effectively protect  our clients’ interests in business litigation because  we take the time to understand their ambition and  the successful businesses they have built. Aiding us  is the fact that we bring 30 years of experience, a  detailed knowledge of the law and a commitment to  each individual client achieve the best resolution  possible under the circumstances. Our firm protects the interests of its individual and business clients in matters that range from start-up to dissolution and every stage in between. We represent clients in various types of disputes including:

• Business and partnership dissolution
• General business litigation
• Contract disputes
• Partnership disputes
• LLC disputes and Investor Fraud
• Contractor disputes
• Breach of Contract & Fraud litigation
• Unfair Competition cases
• Trade Secrets Violations
• Unfair Trade/unfair Business practices
• Violation of CA Bus. & Prof. Code 17200
• Breach Of Fiduciary Duty cases
• Business-related Injunctions and TRO’s
• Exclusive Distribution disputes
• Independent Sales Representative disputes
• Independent Contractor Disputes
• Real Estate Fraud & Non-Disclosure cases
• Real Estate Buyer-Seller disputes
• Employment Disputes
• Creditor-Debtor Disputes

Our firm represents individuals and companies in a broad range of business disputes. We have the confidence and experience necessary to protect your interests during a variety of business litigation matters, including cases that involve:

•           Business contracts: We challenge and defend the validity and enforceability of business contracts and employment agreements

•           Business dissolutions: Our firm represents family members, shareholders, partners and others in the litigation of business dissolution issues.

• Business fraud: We represent plaintiffs and defendants in various types of business and real estate fraud and non-disclosure claims
• Unfair competition: We serve clients facing or pursuing claims involving unfair, unlawful, or fraudulent business practices, including without limitation–false advertising and anti-competition violations
• Our firm handles real estate-related disputes associated with the buying, selling, and leasing of commercial real estate in Silicon Valley and the Bay Area.
• Intellectual property: We represent businesses and former employees  in licensing disputes and trade  secret infringement cases.
• Partnership disputes: We represent principals involved in disputes between partners, closely held entities, LLCs, LLPs, shareholders and members of boards of directors.

Business  Contract Disputes

California Contracts Attorney in Berkeley, Oakland, Walnut Creek, Contra Costa, Alameda County, Tri-Valley and the Bay Area Contracts are at the heart of any business transaction and are vital to the

success of your business. At the same time, no matter how carefully drafted your contracts are, the unfortunate reality is that contracts are also at the heart of most business litigation. In disputes surrounding the validity, meaning, and enforceability of business contracts, Korb/Law will protect your interests. We represent clients in drafting and negotiating business contracts and licenses, real estate contracts and leases. We also represent clients in business-related breach of contract claims seeking monetary damages, specific performance and other available remedies. We defend businesses, corporations, partnerships, joint ventures and other commercial entities in business contract disputes as well. To draft or review an existing contract or to discuss your contractual rights, obligations or options with an experienced lawyer, call or contact us at (510) 524-0903 to schedule a free initial consultation.

Business Fraud Disputes

The daily interactions of businesses are littered with opportunities to engage in fraud. Fraud occurs when one person or business uses deceit or trickery to obtain value or gain an unfair advantage over another. We serve our clients with integrity, commitment and aggressive advocacy in matters of business, employment, real estate and fraud litigation. Our goal is to achieve the best possible results in each and every case.

To discuss any type of fraud-related concern with an attorney from our firm — call or contact us to make arrangements for a free initial consultation. An Experienced Legal Team Handling Fraud Litigation in Contra Costa, Alameda County, Oakland, Berkeley, Walnut Creek, Tri-Valley and the Bay Area One of the key differences between KORB/LAW and other business litigation firms in the Bay Area is that here, we have a proven litigator with over 30 years of trial experience.

In business and fraud litigation, this experience tends to foster a more reasonable tone during negotiations with the other side and increases the chance of settling the matter in a fair and efficient manner, outside of court. Our practice includes claims alleging intentional or negligent misrepresentations of fact, omissions of fact and promissory fraud, including:

• Intentional Or Negligent Fraud and Non-disclosure
• Business and partnership fraud Investor fraud
• Distributor fraud
• Importation/Grey-Market fraud
• Employment-related fraud
• Fraud in connection with the purchase and  sale of business

Our attorneys represent businesses in fraud litigation during the formation or sale of businesses, shareholder disputes, and actions involving the WARN Act and the winding down of businesses. For more information about our fraud litigation practice and how we can assist you, call us at (510) 524-0903, to arrange for a free initial consultation with senior attorney, Richard E. Korb. Our convenient offices allow us to serve as your Berkeley-Oakland business attorney or Walnut Creek business attorney, and we serve other surrounding cities in Alameda County and Contra Costa County. For more information about our fraud litigation practice and how we can assist you, call or contact us at (510) 524-0903 to arrange for a free initial consultation. Our operations allow us to be your Berkeley-Oakland, Walnut Creek business fraud attorney.

Unfair Competition & Business Torts

Today, the success or failure of a company depends more than ever on its ability to compete in a highly-sophisticated, but often, unscrupulous, global marketplace. Every day, companies are victimized by a host of unfair, fraudulent, false, and misleading practices engaged in by their market competitors, including the theft of intellectual property and trade secrets. On the flip side, former employees are often unfairly threatened with litigation to enforce restrictive non-compete clauses or non-solicitation clauses in their employment contracts—even though these clauses are generally NOT enforceable in California. Some employers will threaten or sue former employees with trade secrets violations in an effort to stymie competition.

Trade Secrets  Litigation

If a former employee has misappropriated your trade secret and is using it in a competing business, we can prevent this unauthorized use by filing a lawsuit and immediately seeking a preliminary injunction. We also represent clients in cases involving allegations of trade secrets misappropriation  and our experience allows us to analyze a company’s trade secret protection policies for enforcement, compliance or shortcomings. Be aware that unlike many other states, California (with few exceptions) prohibits broad employment clauses that prohibit former employees, independent sales representative, and/ or independent contractors from competing with their former employer or from soliciting customers. (See California Business & Professions Code 16600).

Unfair Competition in Business

Both federal and state unfair competition laws can be used to prevent false advertising and unfair business acts that negatively impact your business, such as misleading statements, or Infringing on your trademarks or trade secrets. Unfair competition laws are also usually asserted in and supplement trademark infringement lawsuits. Section 43(a) of the Lanham Act is the Federal statute that protects against unfair competition and California Business and Professions Code S 17200 is the state law that protects consumers against any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising. our broad experience can help navigate the complex laws that apply to unfair competition and determine how to pursue your matter and obtain relief.

Other Business Torts: Interference With Contracts, Breach of Fiduciary Duty, Misappropriation of Trade Secrets

A lawsuit alleging some type of business tort is one way to hold a competitor liable for deceptive and unfair business practices. Examples of classic business torts include tortious interference with contract, tortious interference with business relationships, breach of fiduciary duty and theft of intellectual property or trade secrets. Other actions may be brought on the basis of: • Intellectual property: trade secret, copyright, trade name or trademark infringement • Improper and false advertising • Misrepresentations or deceptions • Violations of non-compete and confidentiality agreements

California Business and Professions Code Section 17200 Violations: Unfair Trade Or Business Practices

California Business and Professions Code Section 17200 prohibits “any unlawful, unfair or fraudulent business act or practice” in addition to false or misleading “advertising.” Essentially, this can be defined as almost any act that goes against public policy. However, even more importantly, the unfair practices of a business competitor can destroy everything you have worked so hard to establish in a very short period of time. The question now is: “What can you do about it?” A lawsuit alleging some type of business tort is one way to hold a competitor liable for deceptive and unfair business practices. Examples of business torts include tortious interference with contract, fraud, breach of fiduciary duty and theft of intellectual property or trade secrets. Other actions may be brought on the basis of:

• Intellectual property: trade secret, copyright, trade name or trademark infringement
• Improper and false advertising
• Misrepresentations or deceptions
• Violations of non-compete and confidentiality agreements

We have handled a variety of business torts and commercial breaches including unfair competition and 17200 claims, interference with contracts and business relationships, non-compete and non-solicitation claims, breach of confidentiality agreements, trade secrets violations and related claims. We have also protected the interests of businesses harmed by false accusations of intellectual property infringement or theft and by various other forms of unfair competition in the marketplace.

An Experienced Lawyer At Your Side Richard Korb, Esq. has more than 30 years of litigation experience and an extensive track record of successful results in business-related litigation. Working closely with clients, he will focus on a negotiated settlement where possible, and thoroughly prepare each case for trial when settlement is not an option. While most cases do settle before and even during trial, by thoroughly preparing for trial,  we can  increase the chances that the other side will adopt a more reasonable position during settlement negotiations.

We will take prompt action whenever immediate threats to one’s business or livelihood are concerned — something that is especially important where business torts or unfair competition are concerned. Contact KORB/LAW at (510) 524-0903 e-mail us atinfo@korblaw.com for a free consultation today. Home | About Us | Business Law | Bankruptcy | Family Law | Real Estate Fraud | Contact Us | Links