Commercial and Other Complex Litigation

Commercial disputes involving complex issues of contract interpretation, regulatory compliance, unfair competition and agreements among business partners are an inescapable part of business operation. Because the issues are so varied and the stakes potentially so large, Rosen, Bien & Galvan brings to these cases the sophisticated capabilities associated with large firms, with the competitive advantage that comes from lawyers who work closely with their clients on creative approaches to trial strategy.

Our trial lawyers have both the experience and resources to meet the complex litigation needs of large national and multi-national corporations, as well as those of small to mid-sized companies and individuals, from pre-litigation negotiation through appeal. In every case we constantly monitor and assess the costs and benefits of litigation and the prospects of settlement. Getting results is our prime consideration. Although we handle all types of commercial disputes, these are the areas in which we focus.

Antitrust

Our attorneys have represented businesses in antitrust, unfair competition, trade regulation and trade secret litigation under federal and state statutes in a variety of areas: pharmaceuticals, crude oil production, refining and marketing; gasoline transportation and marketing; glass production and sale; trucking and freight forwarding; airlines; sugar refining and marketing; banking; venture capital; aircraft technology; agricultural marketing; cosmetics; computer hardware and software; laser technology; biotechnology; retail grocery. We have also represented consumers in class actions challenging business actions.

We have assisted clients in civil and criminal investigations and cases brought by local federal or state prosecutors, the Securities and Exchange Commission, the Federal Trade Commission, the Antitrust Division of the United States Department of Justice, and the California Department of Justice. Our work also includes antitrust (Cartwright Act), indirect purchaser, trade secret, unfair competition and unfair trade practices matters in California courts.

Contracts / Business Torts

We work directly with the senior management and in-house counsel of public and private organizations on commercial disputes. Our work includes protecting client interests through vigorous enforcement of rights under the Uniform Commercial Code in agency contracts, collaboration or consulting agreements, customer service contracts, employment and confidentiality agreements, manufacturing and supply contracts, and warranties. We have represented companies in claims alleging misrepresentation and fraud, arising from complex questions of contract interpretation.

Partnership Disputes

We are experienced in contested business dissolution cases involving the members of limited liability companies, limited partnerships, S corporations and a variety of other entities. These cases, involving parties who have intense and long-term business relationships, require sensitivity to many issues besides money damages and business valuation, including rights to intellectual property, trade secrets, customer lists and know-how, as well as the feelings and relationships of the human beings caught up in the dispute.

Real Estate / Construction

Our firm has represented businesses and individual clients in a variety of real estate and construction litigation, in matters ranging from eviction and lease disputes to construction and work defect claims – including one of the first reported cases brought against an interior designer. We apply our substantial experience in the mediation and arbitration of disputes involving claims over cost, design error and project management. Our clients in these disputes have included real property owners, managers and lessors.

Trade Secrets / Intellectual Property

Disputes over non-compete agreements often pit employers against each other, particularly where valuable intellectual property assets are involved. We have handled litigation representing both employees’ former and new employers, and are skilled at securing and resisting TROs and permanent injunctions to protect valuable interests in either type of case. We handle trade secret claims involving software, technology, media and business trade secrets, as well as related claims based on unfair competition and common law misappropriation.