From preliminary negotiations through trial and appeal, Jackson Rosenfield LLP has considerable experience litigating commercial disputes in federal and state courts throughout the United States. We represent a diverse group of companies and industries from all over the world, retained again and again based on our proven ability to resolve their disputes effectively and efficiently.  We handle a broad range of commercial disputes, including:  breach of contracts; intentional torts; trade secrets; licensing disputes; director and officer issues; partnership dissolution; negligence and product liability; intellectual property; creditors' rights; employment; and other business disputes.  

Because our clients' success often rests on our ability to implement thoughtful, cost-effective solutions to complex scenarios, we commonly focus our efforts on strategic counseling and alternative dispute resolution.  We are experienced in a broad range of alternative dispute resolution techniques, including mediations and binding and non-binding arbitrations.    

Our Commercial Litigation experience focuses largely on work in the following areas, among others:

Breach of Contract

When two parties sign a contract, each expects the other to fulfill its responsibilities. That expectation, however, is not always borne out.  Contractual breaches frequently arise from disputes over the interpretation of contract terms, from unexpected circumstances that affect a party’s ability to perform or from a party simply refusing to live up to its obligations.  No matter what form it may take, contractual breaches can amount to substantial losses for the non-breaching party.  Our attorneys have successfully prosecuted and defended a broad spectrum of breach of contract cases, advocating on behalf of a wronged business to help it get just restitution or compensation, or to defend against such claims.

Business Torts

We represent clients facing a wide array of business torts, including fraud and fraudulent conveyance, unfair business practices, tortious interference, conversion, and breach of fiduciary duty allegations.  In general, corporate officers, directors, high-level employees, agents, and brokers all owe fiduciary duties to their principals, the corporation, and/or its shareholders.  Cases alleging breach of fiduciary duty may involve allegations of conflicts of interest, insider trading, fraudulent conduct, or breach of the duties of care and loyalty.   A common business tort, for instance, is the intentional or tortious interference with contracts or a business expectancy.  This tort recognizes that business relationships can be a protected property interest that should be free from a third party's unjustified interference—and that any losses caused by this interference may be recoverable.  We have successfully prosecuted torts claims, among others, that one business wrongfully and intentionally interfered with our clients’ business expectancies.

Employment Disputes

Our firm provides practical advice and innovative solutions to assist clients in achieving their goals related to attracting and maintaining employees and preventing costly employment disputes.  When disputes arise, however, we have successfully represented clients in various employment litigation, such as enforcing severance agreements and prosecution of non-competition and non-solicitation agreements.  We have extensive experience representing our clients in various forums, including state and federal courts throughout the nation, as well as mediations, arbitrations, and other alternative dispute mechanisms. 

Appellate Law

Appearing in various federal and state appellate courts, we have experience handling high-stakes appeals across a broad spectrum of substantive areas. Our attorneys combine practice and industry knowledge with extensive courtroom experience and superior writing skills to provide clients with effective appellate advocacy.  Our litigators’ extensive experience allows us to identify salient and critical issues early in the appellate process and to present the case in a manner that ensures the greatest chance of success on appeal.

Contract Drafting & Negotiation

The knowledge gained from our litigation experiences is invaluable in drafting and negotiating contracts that serve to properly protect their rights in the event of litigation and/or avoid disputes in the first place. We have considerable experience drafting and revising contractual agreements on behalf of companies in a wide range of commercial industries, including customer contracts, non-competition and confidentiality agreements, employment agreements, and various other contracts.

 

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  • Successfully resolved copyright infringement dispute with the BSA Software Alliance.
  • Defended business client in multi-million dollar breach of contract suit, prevailing upon arbitration award.
  • Obtained substantial judgment via arbitration on behalf of client whose business partner misappropriated corporate assets.
  • Favorably resolved suit filed by San Diego software company concerning enforcement of an employee’s non-competition agreement.
  • Successfully defended against claim for negligent farming, obtaining dismissal of all claims via summary judgment.
  • Obtained favorable settlement defending against a breach of contract claim filed by software company against our client, an internet-based marketing company.
  • Obtained multi-million dollar judgment on behalf of lender enforcing contractual agreement.

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