Litigation

When conflicts arise between business partners, between a company's owners and its employees, or among multiple companies, the representation and advice of capable and experienced legal advisors is often needed.

Our lawyers have years of experience in a broad range of commercial actions, including contract and employment disputes, business torts, fraud, covenants not to compete, commercial real estate actions, and shareholder and partnership disputes.

Clients include public and private corporations, and individuals – as both plaintiffs and defendants – in state and federal litigation and arbitrations. In addition, we often serve as local counsel with national law firms in Federal and State Courts.

The modern workplace is a complex legal environment, and companies face numerous employment issues made complicated by California laws, which often differ from Federal rules and regulations.

Our management-focused employment law team represents a range of clients across a wide variety of industries. Serving as legal and human resources-focused partners to their clients, our attorneys handle all manner of employment litigation, including wrongful termination, discrimination, harassment, retaliation, wage and hour cases, and trade secrets matters.

We provide risk-benefit analysis to help clients make the right employee management decisions in order to minimize the chances of litigation. However, sometimes even good management cannot avoid litigation, and our lawyers have successfully represented clients in State and Federal Courts, as well as before state and federal agencies.  Companies of all sizes hire us to educate and train their human resource departments, management, and staff, so all are well informed about employment law requirements in the workplace.

Our attorneys are accomplished in all types of civil litigation, including civil rights complaints against government entities.  

In the civil rights arena, McManis Faulkner lawyers represent both individual and corporate plaintiffs, whose rights have been violated in such areas as discrimination, excessive force, false arrest, contracts clause violations, and takings. We possess years of experience advocating for clients against government entities in both state and federal court, and have tried cases under Title 42 United States Code Section 1983, the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, and other state and federal statutes.

Federal, state, and local regulations are constantly evolving – and occasionally at odds. From cannabis dispensaries to card rooms, highly regulated companies experience myriad challenges in complying with these ever-changing guidelines, and maintaining their competitive advantage as the rules for doing business shift.

It’s no secret that California has some of the most rigorous licensing, permitting, and other regulatory requirements, and local jurisdictions often add to the cost.  While building a culture of compliance goes a long way towards avoiding disputes and business disruption, there are times when the government’s conduct threatens long-term stability or profitability. Whether the client’s needs call for working with regulators or pursuing “bet the company” litigation, McManis Faulkner attorneys have the trial experience that makes a difference. Our diverse and highly specialized team of trial lawyers has a long history of challenging arbitrary government actions in state and federal courts, and in administrative proceedings, and helping clients navigate the compliance landscape.

The Silicon Valley technology scene is ever changing, and the fluid movement among companies in the space often leads to complex intellectual property (IP) issues.

Our civil lawyers have an unparalleled track record for successfully prosecuting and defending high-stakes trade secret cases, conducting IP-related investigations, and handling sensitive, confidential matters for employers and for employees moving from one company to another. In addition, we have also handled countless trademark and copyright infringement cases, developing a solid reputation throughout the Bay Area.

Our intellectual property expertise extends well beyond the technology sector. In addition to computer hardware, software and equipment, and internet-related companies, our trial lawyers have helped clients in the financial services, manufacturing, payments, healthcare, and medical research industries.

Augmenting our civil practice, our employment law team offers advice and counsel to employers and employees, especially around trade secrets and other IP considerations that arise when executives switch companies. Some IP-related complaints have underlying criminal issues, and we have the requisite skills to handle any government investigation or prosecution where necessary. Above all, our attorneys are trial lawyers, familiar with the serious business of preparing for and bringing cases to trial. 

Not to be overlooked is McManis Faulkner’s long history working on these kinds of cases. Leading companies across the region, such as Intel, Apple, Seagate, SK Hynix, Symantec, and many more, have hired us to represent them in Bay Area and Northern District of California IP disputes. Our many years of continued success in these and other courts, and our talented team of trial lawyers are highly respected by clients and professionals throughout the region.

Our “never give up” attitude, meticulous preparation, and keen trial skills define our approach to plaintiff-side litigation for individuals and corporations. We are very familiar with matters involving unfair business practices, securities violations, breach of fiduciary duty, elder abuse, and statutory and common-law fraud. We are also experts in representing individuals who have been seriously injured due to professional negligence, premises liability, motor vehicle accidents, and products liability.

We represent individuals, businesses, and class members in torts, antitrust, copyright and trademark, consumer credit and consumer fraud, shareholder, taxpayer and derivative suits, and employment discrimination and wage and hour claims. Our lawyers handle class actions and other complex litigation in both State and Federal Courts. Our skill in such cases has resulted in substantial recoveries from manufacturers, insurance companies and lenders, as well as other corporate and individual wrongdoers.

Will contests and other probate matters bring multiple complexities, both personal and legal. They can be particularly disruptive to family life— pitting relative against relative in courtroom battles. McManis Faulkner understands and our trial team evaluates such cases with compassion.  Our goal is to find a prompt and economical resolution, inside or outside the court system.

Our attorneys discern when mediation or arbitration are in a client's best interests, and we have experience working with alternative dispute resolution providers to obtain successful results. We bring significant expertise to our representation of individuals, professional fiduciaries, and beneficiaries in all aspects of probate litigation. Our record includes successful resolution of such matters as the validity of wills and trusts, the conduct of trustees, conservators, and personal representatives, and claims for distribution from estates and trusts.

Real Property transactions and ownership may result in complex and difficult disputes between buyers and sellers, commercial landlords and tenants, construction companies and owners, and neighbors.

McManis Faulkner attorneys represent public and private companies and individuals in lease disputes, defective construction cases, claims of misrepresentation and nondisclosure in sales of real property, and lot-line and easement disputes.  We bring the same level of preparation to pre-litigation resolution of these matters as we do to resolving cases through resort to the courts.