Litigation

The litigators at AlvaradoSmith help individuals and entrepreneurs, startups and emerging growth companies, municipalities and public entities, financial institutions and Fortune 500 clients resolve disputes. Often, that means negotiating settlements and mediating differences to achieve our client’s goals. Sometimes, the best way to properly defend their interests, protect their rights, and solve their problems is to try their case through verdict, and, if necessary, to vindicate their position on appeal.

Pragmatic Guidance

And in every case, we work with clients to articulate their objectives and understand their options, navigate the process of resolving business disputes, and trace a clear and practical path for getting from where they are to where they want to be. We provide pragmatic advice to help guide their decisions – when to negotiate, when to offer concessions, when to settle, when to push back, and when to go all in and try the case.

Appellate Practice

In addition, clients regularly turn to AlvaradoSmith’s appellate practice lawyers to defend lower court decisions and reverse unfavorable rulings: we have briefed cases on the merits before the U.S. Supreme Court, Ninth Circuit, and all Districts of the California Court of Appeal, as well as merits and amicus briefing before the California Supreme Court. We have obtained significant wins for our clients on appeal, including numerous published decisions, scaling back an adverse jury verdict and fee award by two-thirds, and reversing a fee denial in a precedential decision.  Our attorneys also have a strong and successful appellate writ and motion practice both in federal and state courts.

Adapting Practice to Increase Efficiencies

As technology continues to transform the litigation landscape – the use of artificial intelligence for document review, the ever-expanding obligations (and cost) of e-discovery, and the growing risk of lawsuits stemming from data protection and privacy issues, for example – we continue to adapt. We regularly evaluate and incorporate new tools and practices to ensure that our clients benefit from both the increased efficiencies brought by new technologies and, more importantly, the competitive advantages that technology brings to the courtroom and negotiating table.

Successes we have obtained on behalf of clients include:

  • Representation of a California foreclosure trustee in a state class-action lawsuit in which the plaintiffs alleged improper collusion and kickbacks from lenders in exchange for the referral of trustee business. We negotiated a favorable settlement for our client.
  • Representation of a landlord in a high-profile commercial lease dispute that was resolved with a jury trial and a $6 million dollar judgment in favor of our client:
  • Representation of a financial institution in a lawsuit against a mortgage loan correspondent for breaching loan correspondent agreements. We obtained a $6+ million judgment for our client.
  • Successful defense judgments for multiple financial institutions in federal and state lawsuits brought by timeshare owners for alleged violation of the Securities Act, fraud, and breach of fiduciary duty.
  • Representation of the defendant against a $1 million claim alleging misappropriation of trade secrets and breach of a non-solicitation agreement. Our client counter-sued for defamation. After an eight-day trial with two days of deliberation, the jury returned a defense verdict on all claims as well as a verdict in favor of our client on its defamation claim.
  • Representation of a national professional service firm in a high-profile commercial lease dispute over the usability of its Southern California office space. We resolved our client’s claim, forcing the lessor to perform significant repairs to the venting system of the building, necessary to remove food odors from the leased space.
  • Representation of an international seller of computer products who sought to recover the value of products sold to a U.S. company. The jury returned a verdict on behalf of our client, for approximately $1 million.
  • Representation of several of the largest banks in the world in more than 5,000 wrongful foreclosure lawsuits filed over a six-year time period, all in the wake of the mortgage crisis, and obtained over a dozen defense jury trial verdicts.
  • Successfully defended clients in a $15 million wage/hour class action against a cosmetology school and an individual defendant. Working with co-counsel, we used an innovative approach to obtain a summary judgment in favor of our clients in this hard-fought case.
  • Successfully represented a business owner in a jury trial addressing claims of successor liability, alter ego, and fraud, and prevailed 12-0 on all claims. On appeal, we established the ability in California to recover attorney’s fees for the defense of a claim for successor liability.

We help clients respond to a broad range of litigation, including on issues related to:

  • Appeals
  • Construction Law
  • Cross-border & International Disputes
  • Eminent Domain & Inverse Condemnation
  • Employment Disputes
  • Environmental/Natural Resources
  • Insurance Coverage
  • Intellectual Property
  • Real Estate Litigation
  • Securities & Antitrust
  • Tort Litigation
  • Trust and Probate Litigation