Commercial Litigation. LewisBr isbois.c o m

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1 AT TO R N E Y S Commercial Litigation LewisBr isbois.c o m

2 Commercial Litigation Lewis Brisbios s Commercial Litigation Practice Group comprises more than fifty attorneys, all qualified to handle state and federal litigation, including appeals and regulatory proceedings involving federal, state, and local agencies. They are licensed to practice before the United States Supreme Court, as well as state and federal trial and appellate courts. With offices from coast to coast, our clients have the benefit of multistate representation. The following is a brief overview of our practice area: BREACH OF MERGER AND ACQUISITION AGREEMENTS Claims of fraud, breach of contract, misappropriation of funds, improper accounting and reporting, and failure to achieve results based on best efforts arising out of mergers and acquisitions involve complex and unique legal theories. The attorneys in our Commercial Litigation Practice Group have the specialized legal skills necessary to manage and marshal evidence and testimony protect and defend a client s interest post-merger. To effectively represent clients under these circumstances, we utilize state-of-the-art data storage and retrieval systems together with the legal talent necessary for determining the limits to which litigation may invade a company s records, computer systems, financial reports, and the compelling of management and employee testimony during the course of litigation and trial. COMMERCIAL CONTRACTS AND FINANCING Our firm s clients receive litigation services for the purpose of defending and enforcing contracts for the delivery of goods and services and financing agreements related to business operations. These disputes include the defense and enforcement of security agreements, personal guaranties and promissory notes, and indemnity and insuring agreements. LICENSING AND DISTRIBUTION LITIGATION Our firm represents clients and enforcing and defending claims arising out of licensing and distribution agreements for a variety of commercial and consumer goods and services. These matters include obtaining, enforcing, and defending against temporary restraining orders and preliminary injunctions, and claims for declaratory relief. INTERNATIONAL TRADE, ARBITRATION, AND COMMERCIAL DISPUTE RESOLUTION The Commercial Litigation Practice Group has assisted clients in the evolving area of international trade and commerce. The firm has represented clients in international breach of contract disputes, contract arbitration between and among international trading partners, and private mediation and arbitration of claims. REAL ESTATE AND LEASES Our clients commercial operations involve a variety of leases and real property ownership arrangements, and we incorporate all aspects of commercial real property litigation into our firm s practice. The Environmental/Toxic Tort Practice Group, Real Estate/Public Entity Practice Group Corporate Law Practice Group work hand in hand to offer clients continuity of representation in uniquely specialized areas of law.

3 COMMERCIAL LAND & DEVELOPMENT LITIGATION Our clients look to our firm s legal counsel to enforce and defend the contractual arrangements involved in land development, new construction, and improvements for commercial properties. The attorneys in the Commercial Litigation Practice Group regularly defend and pursues claim arising out of the acquisition, development, improvement, and construction of real estate for private interests and public works projects. PROFESSIONAL ACCOMPLISHMENTS & RECOGNITION The Commercial Litigation Practice Group has achieved recognition for multi-million dollar awards in prosecuting claims for fraud, breach of contract, misappropriation of trade secrets, and wrongful interference with trade and commerce. The Commercial Litigation attorneys have successfully defeated claims for patent and trademark infringement and failure to pay licensing fees and royalties. Most recently, our firm recovered by way of a judgment following trial, over $3,500,000 in damages. The judgment also included an award of attorneys fees and costs. Representative matters include: Lead plaintiffs counsel in a major international class action water rights suit. Representation of electronic distributor in a breach of contract/fraud action with Chinese supplier RELATED PRACTICES The commercial requirements for legal services overlap into areas related to entertainment, intellectual property, real estate, and bankruptcy. Our firm s specialized practice groups allows our clients access to specialized legal services to meet their needs. The department s practice encompasses the full range of commercial transactions and disputes: Antitrust Banking Class Action Lawsuits Commercial Collections Company Dissolutions Contracts Corporate & Partnership Dissolutions Franchise & Distributorship Fraud And Deceptive Trade Practices Inter-Company Disputes International Law International Business Transactions Lender Liability Mergers & Acquisitions High Profile Personal Injury Matters Prejudgment/Post Judgment Remedies Injunctions, Attachments, Claim & Delivery Product Liability Real Estate RICO Securities Terminations Trade Secrets Unfair Competition Water Rights CLIENTS Representative clients include Fortune 500 corporations, private enterprises, and public entities. We represent national and international corporations, local and small businesses, and individuals and entrepreneurs; manufacturers of commercial and consumer products; banking, insurance, and investment companies; providers of medical services and manufactures of medical devices; technology and telecommunication companies; franchise-related businesses; national and international construction contractors and project managers; businesses and individuals involved in sports and entertainment; manufacturers of health care products; industrial, machinery and computer products manufactures; petrochemical companies; distributors and suppliers of consumer electronics; nonprofit organizations; governmental entities, including economic development corporations; and, builders and developers.

4 Commercial Litigation Practice Leadership RALPH A. ZAPPALA CHAIR San Francisco GREG L. JOHNSON VICE-CHAIR Sacramento MICHAEL K. JOHNSON VICE-CHAIR San Francisco

5 Firm Overview Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with nearly 900 attorneys and 30 offices, in 16 states and the District of Columbia. Our national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois offers legal practice in nearly 30 specialties, and a multitude of sub-specialties associated with each practice area. Our attorneys have broad knowledge, expertise, and sensitivity to their clients unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale. At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the true and committed practice of hiring the best people for the job and consistently rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The firm s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women-owned businesses. Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients, who choose us because we take the time to understand their business interests and philosophies. We have developed sophisticated proprietary risk evaluation and litigation management processes that many of our clients have incorporated into their business practices, and we help them manage and defend claims and litigation. As a result, they are avoiding and reducing losses that impact their bottom line. Our practice includes pre-suit counseling and problem solving based on a structured and accurate analysis of likely outcome. We know our clients objectives are often best served by a pre-suit resolution, and we are often judged by the advice and counsel we provide toward that end. However, when trial is the answer and in the client s best interest, no law firm in this country understands and better executes a trial strategy than Lewis Brisbois. We are truly client driven and result oriented. For more about Lewis Brisbois, please visit us at.

6 Nationwide Locations ATLANTA 1180 Peachtree Street NE Suite 2900 Atlanta, Georgia T: F: DENVER The Brind Mansion 825 Logan Street Denver, Colorado T: F: LAS VEGAS 6385 South Rainbow Blvd. Suite 600 Las Vegas, Nevada T: F: ORANGE COUNTY 650 Town Center Drive Suite 1400 Costa Mesa, California T: F: SAN FRANCISCO 333 Bush Street Suite 1100 San Francisco, California T: F: BEAUMONT 550 Fannin Street Suite 800 Beaumont, Texas T: F: BOSTON 75 Arlington Street Suite 500 Boston, Massachusetts T: F: FORT LAUDERDALE 200 Las Olas Circle 200 S.W. First Avenue Suite 910 Fort Lauderdale, Florida T: F: HARTFORD 100 Pearl Street Suite 1438 Hartford, Connecticut Tel: Fax: LOS ANGELES 221 North Figueroa Street Suite 1200 Los Angeles, California T: F: MADISON COUNTY, IL Mark Twain Plaza II 103 W. Vandalia Street Suite 300 Edwardsville, Illinois T: F: PHOENIX Phoenix Plaza Tower II 2929 North Central Avenue Suite 1700 Phoenix, Arizona T: F: PROVIDENCE 10 Dorrance Street Suite 700 Providence, Rhode Island Tel: Fax: SEATTLE 2101 Fourth Avenue Suite 700, Seattle, Washington T: F: TAMPA 3812 Coconut Palm Drive Suite 200 Tampa, Florida T: F: CHARLESTON 209 Capital Street Third Floor Charleston, West Virginia T: F: HOUSTON 3355 West Alabama Suite 400 Houston, Texas T: F: NEWARK One Riverfront Plaza Suite 350 Newark, New Jersey T: F: SACRAMENTO 2850 Gateway Oaks Drive Suite 450 Sacramento, California T: F: TEMECULA One Ridgegate Drive Suite 245 Temecula, California T: F: CHICAGO 550 West Adams Street Suite 300 Chicago, Illinois T: F: LA QUINTA, CA Main Street Suite 203 La Quinta, California T: F: NEW ORLEANS 400 Poydras Street Suite 1320 New Orleans, Louisiana T: F: SAN BERNARDINO 650 East Hospitality Lane Suite 600 San Bernardino, California T: F: TUCSON One South Church Avenue Suite 2100 Tucson, Arizona T: F: DALLAS 901 Main Street Suite 4100 Dallas, Texas T: F: LAFAYETTE 100 E. Vermilion Street Suite 300 Lafayette, Louisiana T: F: NEW YORK 77 Water Street Suite 2100 New York, New York T: F: SAN DIEGO 701 B Street Suite 1900 San Diego, California T: F: WASHINGTON, D.C. 601 Pennsylvania Avenue, NW Suite 900, South Building Washington, D.C T: F:

7 CLIENT FOCUSED RESULTS DRIVEN