Business and Commercial Litigation
Areas of Expertise
- Breach of Contract
- Corporate and Partnership Relationships
- Defamation, Libel, Slander
- Employment Disputes
- Fiduciary/Beneficiary Duties
- Fraud and Misrepresentation
- Insurance Issues
- Intellectual Property Litigation
- Mergers and Acquisitions
- Real Estate Litigation
- Trademark Infringement
- Unfair Competition
In competitive markets where businesses perpetually strive to achieve their own objectives, where uncertainty and limited resources add pressure, conflicts are inevitable. When one of Los Angeles’ largest telecommunications companies, a distributor for an international conglomerate, was terminated so the manufacturer could take over distributions, hundreds faced the loss of their jobs. The owners turned to Philip W. Boesch, Jr. and the Boesch Law Group won a large judgment in New York. After, the distributorship and the company was saved, the company grew substantially, until the owners sold their interest in a multi-million dollar acquisition handled by the Boesch Law Group.
Our Los Angeles Business and Commercial Litigation Attorneys have shown unmatched success to our clients in the handling of Business and Commercial Litigation disputes. The Boesch Law Group has won for plaintiffs and defendants numerous judgments and settlements in all areas of Business and Commercial Litigation. With laser focus on the client’s business objectives, our business and commercial litigation attorneys prepare and execute cost-effective litigation strategies, optimizing the efficiency of our service to valued clients. We counsel litigation avoidance, expert negotiation, alternative dispute resolution – but when conflicts require solutions in court, the Boesch Law Group knows how to get results.
We handle disputes in all areas of business and commercial law for plaintiffs and defendants in a wide variety of industries. The Boesch Law Group acts as litigation counsel for production companies, communication concerns, service providers, internet companies, manufacturers, content publishers, distributors, entrepreneurs – providing winning representation relating to contracts, competition, control disputes, intellectual property, real estate litigation, corporate and partnership disputes.
The Boesch Law Group regularly represents, in litigation matters and disputes, the Fortune 500, smaller public and private companies, private equity investors, special committees, senior lenders, investment bankers, ESOP trustees, institutional investors and other parties in both friendly and contested domestic and cross-border merger and acquisition activities, These include acquisitions, divestitures, spin-offs, MBOs, LBOs, proxy contests, going-private transactions and reorganizations.
Contracts can be verbal, in writing, implied by the conduct of the parties. Rules govern when contracts must be in writing, when amendments and modifications can be written or oral, whether representations that induce contracts are enforceable or not. Business runs on agreements between competitors, suppliers, those working together and those agreeing to disagree. The Boesch Law Group is expert at evaluating and litigating contract disputes, saving and amending contracts where possible, and terminating or rescinding agreements where the business relationship must end. Third parties can be held liable for interfering with contracts, or interfering with prospective business relationships which are not supported by written contracts.In California the tort of wrongful interference with a prospective business advantage requires an understanding of contracts, contract clauses, dispute resolution provisions, integration clauses, scope of work provisions, and termination clauses. Whether consideration is adequate to support a contract, whether and how disputes are to be resolved, present challenges for a business whose survival may depend upon the expertise of counsel. The lawyers of the Boesch Law Group provide that expertise, in resolving contract litigation and contract disputes for more than thirty years.
Competition can be lawful and encouraged by law and regulation. Competition is a natural foundation for private enterprise, but when competition becomes unfair, when unfair business practices tilt the scales of justice, when a competitor threatens the life of a business, or if a business is accused of these things, the Boesch Law Group is there to help. Whether a court finds competition to be fair or unfair often depends upon the quality of the representation, in complex and evolving areas relating to unfair advertising, misleading advertising, marketing, internet and website marketing, theft of trade secrets, thefts of customers and/or employees, and whether information is confidential and proprietary or merely an idea that is as free as the air.A fertile ground for litigation is where entrepreneurs break away from employers and take more with them than the shirts on their backs. What belongs to an employee and what does not, the lines that must be drawn between free and fair competition, and unfair and wrongful interference often depends upon expert legal guidance and advice. Litigation avoidance, navigating complex rules where there may not be bright line answers, arriving at sensible resolution with difficult people addressing complex legal concepts, the Boesch Law Group has decades of experience and success. In persuasive court presentations when necessary, in negotiations, and in settlement, competition requires competent legal assistance.
Parties who join together in business often must seek divorce. In fact in a fast moving and competitive economy, it is the rare partnership or joint venture that lasts beyond a lifetime. Mobility is the norm—not the exception—for partners, corporate executives, managers and employees.The Boesch Law Group is expert at arranging reasonable exit strategies, litigating disputes among parties and dissolving business entities, and where necessary, dividing assets and liabilities. Minimizing the damage from a separation, enabling your clients to survive and thrive to the best of their abilities, making certain that the rights of its clients are enforced and respected are challenges requiring the highest level of competent legal representation. The Boesch Law Group understands the building of business and the difficulties involved in litigating disputes when businesses of whatever form, LLC, partnership, joint-venture, corporation, are divided and torn.
- Won for plaintiffs and defendants numerous judgments and settlements involving intellectual property, trade secrets, unfair competition, unfair business practices, passing off, trademark infringements and related business torts.
- Won numerous judgments and settlements involving shareholder and partnership lawsuits over breaches of contracts and fiduciary duties in numerous industries, including entertainment, law, accounting, automobiles, telecommunications and manufacturing.
- Won numerous judgments and settlements in commercial cases involving acquisitions, asset sales, mergers, contract breach and covenants not to compete in businesses, from production to hotels, and restaurants to toys, from phones and cars to real property.
- Won numerous judgments and settlements involving the distribution of products and services, from newspapers to telecommunications equipment, from oil filters to advertising.
- Won numerous judgments and settlements in entertainment litigation, for production companies, management, networks, entrepreneurs and talent, involving defense and prosecution of creative rights, talent management, television and film syndication, contracts and contract breach, and net profits accounting for films and television series, from cartoons to wrestling, reality to comedy and drama.
- Won numerous judgments and settlements in prosecution and defense of copyright infringement and theft of idea cases, involving business catalogs, software, literary rights, implied in fact and implied in law contracts, music catalogs, motion picture and television production, manufacturing of consumer products, formulas, formats and designs.
- Won numerous judgments and settlements in prosecution and defense of name and likeness, privacy, defamation and trade names, involving consumer products and endorsements, to restaurant chains to celebrities, and rock and roll bands.
- Won numerous judgments and settlements in defense of premises liability, negligence and products liability, involving responsibility for wrongful death and serious injury.
- Won numerous judgments and settlements in real estate and real property litigations, involving boundary disputes, breaches of contract, trespass, nuisance, environment liability, waste, faulty construction, property damage, fire and catastrophic loss.
- Successfully handled hundreds of lawsuits, settlements, negotiations and litigation avoidance counseling, involving breaches of contracts in industries of all types, from retail consumer businesses to entertainment, to manufacturing to real estate.
- Won numerous judgments and settlements, and successfully handled numerous lawsuits and negotiations for insureds against insurers over coverage, defense, bad faith and settlement of claim.
- Won judgments and settlements against securities brokerage firms, financial advisers, financial institutions, accounting firms and law firms.
- Enhancing Boesch Law Group’s reputation as an advocate with judges and arbitrators, Mr. Boesch has also been retained to decide numerous cases as an arbitrator, including cases involving a large social networking website against an affiliate marketing network over CAN-SPAM Act, spamming, phishing, and contract issues; Ocean-front real estate development over contract, ownership, personal guarantees and environmental issues; Contract disputes, torts, competition and distribution issues, from film to commercial laundries, airlines to groceries; sales and acquisitions of businesses, including software, toys, transportation, entertainment production, children’s products and retail stores; Breakup and dissolution of partnerships and corporations in a variety of industries; Competition between and among businesses and in the entertainment industry; Contract dispute between patent-holder and national products distributor; Disputes over nationally-known restaurants between management and investors over trademarks, trade names, intellectual property, fiduciary duties and contract rights; Insured/insurer coverage disputes involving liability and property insurance issues; Installations of large computer systems, including claims of defective software, hardware and lost business; Hospital conversion to electronic record-keeping, alleged over-billing, defects and accounting; Management, rights and ownership of casino; Investor/broker disputes involving negligence, contract, and churning; Telecommunications contracts, warranties, installations and service; Major hotel fire, responsibility, and property damage; Claims of fraud, breaches of fiduciary duty and dissolution of a gold and commodities business; Brand protection, name issues, and magazine title; Airline parts and products, warranty, deficiencies and specifications; Grocery products and national grocery store chain involving product placement, contract, warranties, and distribution; Franchisee/franchisor investments, competition, leases, defaults and guarantees; The breakup of professional practices in law, medicine, dentistry, business management, personal management and accounting.
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