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Business Litigation

Business Litigation

Gafni & Levin assists in the formation of different types of business entities, including but not limited to corporations, limited liability companies and various types of partnerships and joint ventures.  The firm has experience assisting clients in determining the most effective strategy in formation of a business, and drafting the associated operative documentation.  The firm represents option holders, shareholders, members of LLC’s and corporate officers in litigation and arbitration. Firm lawyers represent stakeholders in partnership and corporate governance litigation, including in claims for breach of fiduciary duty, corporate waste or mismanagement, dissolution, and shareholder derivative actions. The firm has experience in representing corporate stakeholders in contests for corporate control as well as providing corporate governance advice to clients during the decision-making cycle.

Our Process

1. Investigation and Communication with the Client

As part of our initial investigation with client, we will seek to understand the client’s business needs and history leading to the need for representation. We strive to understand from the client’s perspective their goals and realistic expectations of the case as well as time line and cost.

2. Explore Pre-Suit Resolution

In most circumstances, where appropriate we will explore pre-suit resolution. In a business case, this will most often take the form of a formal demand for inspection of books and records as well as demand correspondence. This allows the parties to obtain their own attorneys, alert insurers and exchange information viewpoints to more efficiently come to a resolution in the case.

3. Litigation

We will generally file lawsuits on behalf of the clients where the parties are unable to reach resolution. When representing defendants we will analyze strategies for early resolution if possible. In litigation, we encourage our clients to remain open to reasonable settlement offers while ensuring that the value is fair given the damages and cost of litigation.

4. Resolution

Whether through settlement, mediation, or judgment our firm is committed to resolving cases favorably to our clients and maintaining the integrity of the legal profession and the Courts.

Evaluate & Improvement Client Processes

When representing businesses in transactions or disputes, we first focus in on the legal issue that brought them to our door. attempt to look beyond the singular issue that has arisen and work with the client to attempt to avoid similar issues in the future. To that end, our work with clients in business litigation, often feeds into working with them to revise processes and contracts which in the long run save legal fees and expenses. We look to form long term partnerships with our clients in an effort to improve their business and at the same time are open to feedback from the clients on our processes. We work closely with clients and typically have long-term client relationships that lends itself to more effective legal representation.

Focus

Focus on the legal problem to arrive at a solution.

Legal Protection

Look to the larger issues in the company and avoid pitfalls in the future.

Care

We take care of our clients and attempt to build long term relationships.

Representative Matters

Esports content provider v. Esports platform distributor

Federal Court, Central District of California: Represented major E-sports platform and content distributor in a dispute involving alleged breach of license agreement for live and streaming Esports content. After filing a partial motion for summary judgment, just prior to the hearing on the matter, the case was resolved.

Autograph memorabilia company v. Auction House

Orange County Superior Court, State of California: Our firm represented a defendant in alleged trade libel, unfair competition and conspiracy litigation involving autographed memorabilia claiming millions of dollars in damages. After obtaining evidentiary and issue sanctions for discovery violations against the plaintiffs, the plaintiffs voluntarily dismissed the matter as against our client. The Court later also terminated the entire case by plaintiffs based in part upon the order(s) that our firm obtained.

Let us help you!

Don’t handle your claims alone. Let our industry attorneys advise you.

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Attorneys at Gafni & Levin

Adam Gafni

Adam Gafni

Partner

Representative Clients and Affiliations