Business Litigation LAWYER SAN DIEGO

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Business Litigation | Defense & Plaintiff Representation

Panakos Law represents businesses and individuals with business-related disputes of all types. The business lawyers at Panakos Law are not afraid to pursue remedies in the courtroom, but we don’t charge blindly into litigation when alternatives including mediation will accomplish a similar or better result without the risk and expense that come with a protracted and aggressive litigation.

Most business disputes arise from disagreements over the terms of a contract, but may also deal with business practices, billing, and other issues. Our business attorneys will fight aggressively to both enforce and defend disputes that arise within the course of business. We leverage our diversified team of attorneys, paralegals, and in-house MBA to truly understand each Client’s best outcome, both operationally and financially (and emotionally).

Our litigation team evaluates the strengths and weaknesses of claims and assess whether (or when) it is in the client’s best interests to resolve the dispute by settlement, motion practice, or by taking the matter to trial. Our litigation team develops and implements the most cost-effective yet aggressive litigation strategies to pursue favorable outcomes for our clients as quickly as possible. We never abandon our commitment to efficient and transparent billing while maintaining open and consistent communications with each and every stakeholder.

Business Dispute Matters

• Contract Dispute | Breach of Contract

• Business Fraud | Bad Faith | Embezzlement

• Partnership Dispute | Shareholder Dispute | Investor Dispute

• Securities & Investment Fraud | 10B(5) Claims

• Intellectual Property Dispute | Trademark | Copyright | Online

• Real Estate Dispute | Commercial Lease Disputes

• Employment Disputes | Labor Board

• Complex Commercial Litigation | Multi-Party Disputes
  

Panakos Law’s litigation team has tried multiple cases before both judges (bench trials) and juries in state and federal courts. We leverage a small and efficient litigation support team while utilizing the latest technology in preparing for trial and to effectively present our Client’s cases in both bench and jury trials.

Seeking remedies for breach of contract, partner disputes or other business disagreements does not necessarily mean a costly, lengthy, and emotional court battle. Disputes often settle out of court through focused, constructive negotiations. Our litigation lawyers are skilled attorneys who can guide negotiations toward equitable solutions that are legally binding and outside of the courtroom setting. Effective conflict resolution is our underlying goal – we are constantly seeking dispute resolution through effective negotiations, but our team is well prepared to aggressively step into the courtroom if and when necessary.

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Defense side | Defend | Business Disputes

Both companies and individuals are targets of legal demands for a host of reasons, whether justified or not. Our business attorneys defend clients in all types of business-related matters. We investigate a plaintiff’s claims, pinpoint their vulnerabilities, and force them to the negotiating table. Panakos Law advocates vigorously for our Client’s rights but never let the demands of litigation distract you from your core operations or compromise your values.

plaintiff side | Enforce | Business Disputes

Enforcing the rights of both individuals and business in business matters is a core competency of Panakos Law. Our experienced business litigation team will work aggressively to enforce a contract, protect your intellectual property, pursue your “fair share” in a partnership dispute, and uphold investment terms. We work hand-in-hand with our clients to crystallize their claims and bring the opposing party to the table early with aggressive yet reasonable settlement demands and strategically pursue mediation, arbitration and trial.

Breach of Contract

Contract Dispute | Interpretation, consultation, representation

If you or your business is a party to a business-related contract where one or more parties are not fulfilling the terms of an agreement, contact the business attorney’s at Panakos Law to understand your legal options.

As experienced contract attorneys, our team focuses on minimizing liability or enforcing our client’s legal rights, negotiating positive outcomes, and using effective solutions to resolve the underlying contractual dispute. Our business attorneys can help you seek remedies for breach of contract matters including the following:

• Compensatory Damages — reimbursement for monetary loss

• Consequential or Incidental Damages — compensation for additional foreseeable losses caused by the breach

• Liquidated Damages — amounts specified in the contract that are payable for particular breaches, such as late or sub-standard performance

• Specific Performance — a court order requiring the breaching party to fulfill the terms of the contract

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Business & Transaction Fraud 

Business Fraud | bad faith | embezzlement | Transactional

Our experienced business attorneys can help you in cases involving fraud, embezzlement, or fraudulent and misleading omissions in business and personnel transactions, including loans, contract negotiations, assets purchases, and banking agreements. These aren’t run-of-the-mill business disputes—there are heightened pleading standards and proving your case can be complicated and costly. Our skilled business lawyers know the pitfalls, and our firm’s transparent pricing and commitment to efficient staffing helps you to defend against business-related fraud as cost-effectively as possible.

• Fraudulent Transfers

• Bad Faith

• Intentional Negligence

• Embezzlement

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Partnership Disputes

Shareholder, owner, or partnership dispute

Disputes among shareholders, investors, and partners can be tricky. These are often some of the most complex and sensitive business disputes, since they get to the heart of a company’s vision for the future. There are always past and future relationships to consider, and different personal and institutional interests to serve. At Panakos Law, we assist boards, shareholders, and individual investors in high-level disputes over the direction of companies of all sizes.

We actively represent individual investors, individual shareholders, and both small and midsized businesses.

• Dispute Between Partners

• Shareholder Dispute

• C-Level Dispute

• Defending Shareholder Actions

• Co-Owner Embezzlement

Your Fair Share in a “Business Divorce”

Whether you have amicably agreed to wind down a business venture or reached a crossroads with the other owners, the business attorneys at Panakos Law can protect your legal and financial interests when partners or interested parties have left the business. We know business structures, the relationships that exist between business owners, and how to effectively manage transitions or friction among partnerships.

• Aggressive representation of a client’s business interests

• Restructuring of a partnership agreement

• Separating certain partners from the partnership

• The orderly termination and dissolution of the partnership itself

• A buy-out of individual or group interests

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Securities & Investment Fraud

Securities & Investment Fraud | 10b(5) Claims

Securities fraud cases come with their own highly complex set of rules and requirements, most notably federal law. Beyond federal securities law, complex SEC regulations become a key factor and even the rules of professional oversight bodies such as FINRA, the Consumer Financial Protection Board (CFPB), and even the Public Company Accounting Oversight Board (PCAOB).

Our experienced securities lawyers can help you cut through this regulatory thicket. That’s true whether you are enforcing a Private Placement or defending against claims of fraud or professional negligence. Our attorneys work aggressively to protect individuals and businesses against pump and dump schemes, private placement fraud, and pyramid and Ponzi schemes.

Rule 10b-5: Employment of Manipulative and Deceptive Practices

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,

1. To employ any device, scheme, or artifice to defraud,

2. To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or

3. To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.

To establish a claim under Rule 10b-5, plaintiffs (including the SEC) must show (i) Manipulation or Deception (through misrepresentation and/or omission); (ii) Materiality; (iii) "In Connection With" the purchase or sale of securities, and (iv) Scienter.

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Intellectual Property Dispute

trademark / copyright / IP dispute

In a digital world, a company’s intangible assets have become more important than ever. Intellectual property lies at the heart of what so many of our clients—both large and small—do every day. At Panakos Law, we are ready to help preserve and protect those valuable assets. Our experienced intellectual property lawyers are there to help you preserve your rights in patents, copyrights, and trademarks and to defend that property against infringement, dilution, and unfair competition.

We have deep experience in federal intellectual property registration systems and in policing the marketplace for unpermitted uses, counterfeiting, and copycats. And we can help you navigate the complex and highly technical process of valuing intellectual property and building the case to win an injunction and recover damages for infringement or counterfeit.

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Business Torts

Business Torts | Unfair Business Competition | Negligence

Business torts are wrongful actions performed against a business that cause harm to the business. Business torts may cause a loss of profits, loss of reputation, loss of business competitive advantage, loss of market share, and/or other types of losses. Business torts are also known as economic torts because they are often associated with losses of current or projected business profits.

Businesses, just like individuals, can be damaged by the negligent or intentional acts of others. The attorneys at Panakos Law can assist your company in recovering damages for business or trade libel, unfair business competition, and disparagement and deception. We can also assist your company to defend against repeat plaintiffs who play the business tort system like a lottery, or to restrain trade and get an unfair business advantage. Our experienced business attorneys know how to accurately evaluate business tort claims and defend business tort lawsuits; our commitment to transparent and efficient pricing helps you win your case with the least cost and disruption to your ongoing operations.

• Unfair Business Competition

• Deception

• Misleading Advertising

• Civil Conspiracy

• Conversion

• Gross Negligence

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Real Estate Dispute

Real Property | Commercial leases | real estate transactions

Real estate disputes lie at the intersection of property and contract law, and we have the expertise needed to help you navigate these complicated matters. Our experienced attorneys handle every kind of residential and commercial real estate matter, from purchases to loan negotiations, from boundary, title, and lease disputes to adverse possession and evictions. The real estate lawyers at Panakos Law are experts at combing through leases, mortgages, and financing disclosures to make the winning argument and protect your company’s real property and contractual rights.

We represent both individuals and businesses in real estate transaction disputes including breach of contract, fraud, and negligence as well as matters that involve non-disclosure (and disclosure) issues associated with the purchase and sale of real property.

• Lease Disputes

• Commercial Property Transaction Disputes

• Non-disclosure Issues

• Commercial Eviction Proceedings (Unlawful Detainer)

• Boundary Disputes

• Title Disputes

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Employment Disputes

employment Disputes | Defense and Enforcement of Employee Rights

Your employees are your most important asset. But with employees come a variety of regulatory demands and obligations. The labor and employment attorneys at Panakos Law can help you and your company to comply with the sometimes bewildering requirements of wage and hour law, unemployment insurance, family and medical leave, discrimination law, and whistleblower protection.

And when, despite your best efforts, an employee alleges a violation, we can vigorously defend against EEOC and wrongful termination claims, negotiate with labor boards and workers’ unions, and protect officers and directors from personal liability.

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Complex Commercial Litigation

Complex Litigation | Multi-party Disputes

“Complex commercial litigation” means just that—business litigation that is large in scope and complicated in substance. Most complex litigation involves two or more areas of substantive law, with infringement actions, contract disputes, and business torts all rolled into one. The attorneys at Panakos Law are up to the task of unraveling the knottiest and most complex disputes. Our experienced litigation team works hard to resolve problems as early as possible, but have substantial experience with binding and non-binding arbitrations, high-value mediations, and both bench and jury trials.

But “big” or “complex” doesn’t have to mean expensive. We staff cases efficiently and use best practices in discovery and document management and production to keep litigation costs both fair and reasonable. Our commitment is always to offer efficient, transparent pricing and competent yet aggressive litigation counsel.

• Multi-Party Disputes

• Complex Commercial Litigation

• Malicious Prosecution

• Anti-SLAPP

• Fraudulent and preferential transfer claims in bankruptcy court

• Commercial Collections

• Defense and prosecution of guaranty enforcement actions

• Antitrust and Class Actions

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