Business & Commercial Litigation Lawyers in Newport Beach, California

Klein & Wilson

326 Old Newport Blvd.
Newport Beach, California 92663
USA

(949) 631-3300

(949) 631-3703

www.kleinandwilson.com

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Law Firm Overview

Klein & Wilson is a Newport Beach, California business and commercial litigation law firm with over 20 years of experience in the courtroom. We are the firm of choice for sophisticated purchasers of legal services who want trial-tested experience for complex business litigation.

Our attorneys have extensive experience in business and commercial litigation, including contract disputes, partnership disputes, shareholder disputes, and LLC disputes; real estate litigation, including lease disputes, residential litigation, real property disputes, and landlord-tenant disputes; and intellectual property disputes, including unfair competition and trade secrets, trademark infringement, and copyright infringement.

We are experts in the use of cutting edge technology during discovery and at trial. Klein & Wilson routinely makes trials more interesting by using multimedia, including computerized document and video retrieval, videotaped depositions, and animation. Klein & Wilson has such a prominent reputation in the area of modern trial tactics, that many of the largest law firms in the country, as well as the Los Angeles District Attorney's office, the Ventura County District Attorney's office, and the leading trial organizations, asked Klein & Wilson to present seminars on how to use technology at trial. Technology is an important component of our trial success.

Practice Areas

Additional Practice Areas: Mail Fraud; Mortgage and Real Estate Fraud; Real Estate Litigation; Breach of Fiduciary Duty; Partnership Disputes; LLC and LLP Disputes; Trade Dress; Unlawful Detainer; Commercial Landlord Tenant; Construction Defects; Copyright Infringement

Practice Areas Description

Our practice includes:

- Business Litigation

There is a wide variety of subject matters involving business litigation, including breach of contract, unfair competition, unfair business practices, copyright infringement, trademark and trade dress infringement, breach of warranty, breach of promissory note, breach of guaranty, breach of real estate agreements, partnership disputes, breach of shareholder agreements, failure to pay invoices, fraud, and concealment. In fact, commercial litigation can involve virtually any dispute between one business and another and our firm has experience in litigating a variety of commercial litigation matters.

- Real Estate Litigation

Our firm handles a wide variety of real estate litigation including disputes over purchases, leases, easements, HOA rules and approvals, construction defects, real estate fraud and commercial unlawful detainer. The real estate litigation attorneys at Klein & Wilson can cost effectively handle small matters involving disputes between homeowners to large litigation matters involving multi-building real estate complexes. Our firm has the real estate expertise and trial experience to handle virtually any real estate matter.

- Breach of Contract

Breach of contract actions are the bread and butter of Klein & Wilson’s business and real estate litigation practices. Breach of contract actions take various forms, including breach of purchase and sale agreements, breach of partnership agreements, shareholder disputes, disputes among members of limited liability companies, lease disputes, breach of warranty actions, breach of promissory notes, breach of employment agreements, breach of non-compete agreements, and general commercial litigation. Klein & Wilson’s trial lawyers have the skill and experience to achieve in the courtroom what could not be accomplished at the negotiating table.

- Breach of Fiduciary Duty

Our firm represents both plaintiffs and defendants in disputes arising from accusations of: Fraud; Disclosure of trade secrets; unfair competition; Money laundering; Dishonesty in regards to finances and client accounts; and Copyright infringement. Our Newport Beach, California law firm has extensive experience handling disputes involving breach of fiduciary duty. Because it has handled these cases from both the plaintiff's side and the defense side, Klein & Wilson gives you a decided advantage both in the boardroom and in the courtroom.

- Partnership Disputes

Our firm has represented business partners in a wide range of disputes, including real estate disputes, failed business ventures, family partnerships gone awry, and fraud. Our lawyers have successfully represented clients who were victimized by dishonest partners in control of partnership assets and partners who were wrongfully ousted from partnerships by those in control. We navigate our clients through the minefield of partnership law. If clients have made mistakes before hiring Klein & Wilson, our attorneys spare no effort to lead clients out of the traps they have made for themselves.

- Shareholder Disputes

In closely held corporations, shareholder disputes are common. Most of these disputes can be resolved among the shareholders with little, if any, assistance by attorneys. Unfortunately, sometimes the disputes cannot be resolved without the help of counsel. Our firm has experience litigating corporate disputes against small and large companies, including bringing derivative actions when necessary. As with all types of litigation, Klein & Wilson tries to ascertain the underlying cause of a dispute at the outset of a case, hoping to formulate a winning settlement strategy to avoid what can become crushing legal fees for the parties. While Klein & Wilson prefers to resolve corporate disputes in the boardroom, its skilled and experienced trial attorneys can bring a successful resolution to shareholder cases in the courtroom, if necessary. Klein & Wilson has the experience and expertise to bring in knowledgeable experts and formulate a winning trial strategy that ordinary jurors can understand.

- LLC and LLP Disputes

Business entities known as limited liability companies and limited liability partnerships are relative newcomers to the business entities recognized under California law. These entities are hybrids between partnerships and corporations, and California law is still in its infancy in regulating them. Klein & Wilson brings insight into these corporate structures and helps guide its clients in navigating their way through disputes involving these entities. In particular, Klein & Wilson can help clients understand the operating agreements they signed to identify their rights and resolve disputes in their favor. When our clients cannot reach an out-of-court resolution with operating managers, our skilled trial attorneys can maximize client success in the courtroom.

- Fraud

Accusations of fraud calls for the services of an attorney who is familiar with the court system and who thoroughly understands the details of these complex cases. The lawyers at our firm have nearly half a century of litigation experience. Over the years, they have handled a wide range of complex fraud and business dispute cases. Suspicion of fraud can ruin a successful partnership. With so much at stake, trust our experienced lawyers. They have the knowledge, skill and experience to handle almost any type of dispute, including: Mail fraud; Mortgage and real estate fraud; Credit card fraud; and Internet fraud. We are known as one of the leading civil litigation law firms in California. The firm is respected for their strong negotiation skills and persuasive litigation techniques in fraud and partnership disputes.

- Unfair Competition and Trade Secrets

A company's success is often tied to its ability to protect its intellectual capital in today's modern world of trade and commerce. The ability to compete in an open and free market is another right which is crucial to the success of corporate entities. Our attorneys are committed to helping clients pursue and defend claims of trade secret theft and unfair competition.

- Intellectual Property

Our lawyers have extensive experience in intellectual property litigation and business litigation matters. Their lawyers can assist clients with: Copyright infringement; unfair competition; Trade secrets litigation; Trademark infringement and dilution; Allegations of trademark misappropriation; and Trade dress and trademark disputes. Our partners bring the knowledge and insight gained from almost a half century of legal experience to each case. If you have a serious intellectual property dispute that must be handled with prudence and care, Klein & Wilson is the firm for you.

- Trade Dress and Trademark

The right to use a trademark is one of the most valuable assets any company or individual can own. Regrettably, the law of trademark is unclear in most contested cases. It is critical for clients defending their trademarks or contesting another company's use of a similar trademark to be well represented. Trademark infringement disputes and other intellectual property disputes are highly complex in nature and require the attention of an experienced attorney. We have the experience and legal sophistication necessary to handle even the most complex cases.

- Copyright

Copyright law is one of the most misunderstood areas of the law by laymen, as well as many attorneys. Our attorneys are experienced in handling copyright infringement cases and are one of the relatively few firms that have actually taken a copyright infringement lawsuit to verdict. Klein & Wilson's attorneys have handled a broad range of intellectual property and copyright infringement cases, including those involving: Sharing trade secrets; Disclosure of product; specifics to outside companies; Name and branding concerns; stealing or using another company's logos; and Trademark infringement. Whether an individual or business, plaintiff or defendant, we have the experience, knowledge and skill to effectively handle your pressing legal matter.

- Legal Malpractice

Regrettably, some lawyers victimize their own clients. Sometimes they are just negligent. Sometimes they are purposely preying upon their client by overbilling. Klein & Wilson attorneys have the broad experience and trial skill to bring appropriate legal malpractice actions against even the largest law firms in the country. Attorneys are formidable adversaries in the courtroom. Clients need the best representation possible when taking on an angry lawyer. We make sure its clients are professionally represented in any kind of malpractice or overbilling case. In cases where damages are over $1 million, Klein & Wilson will consider contingency fee arrangements.

- Insurance Bad Faith

Insurance disputes are a highly complex area of the law which requires the attention of an experienced attorney. We are seasoned trial lawyers who have handled a wide range of complex insurance matters. Business litigators must be familiar with opportunities to obtain insurance coverage for their clients. Klein & Wilson has successfully obtained insurance coverage for clients who otherwise might have gone bankrupt defending a lawsuit. Additionally, when insurance companies do not live up to their obligations to pay a claim or defend an insured, Klein & Wilson has successfully pursued such a claim through verdict, which ultimately resulted in a seven figure settlement.

- Unlawful Detainer

Unlawful detainer is a minefield for the unwary and such actions require an experienced attorney to handle them. Our aggressive litigation style has helped landlords evict even the most obstinate defendants and, in one case, a tenant Klein & Wilson was prosecuting was threatened with jail until he ultimately paid a judgment to the landlord. In another case, Klein & Wilson's successful appeal of an adverse judgment led to a published appellate decision changing the law regarding enforcement of estoppels certificates. In a major case involving the State of California's attempted eviction of hundreds of mobile home park owners from state property, Klein & Wilson delayed the eviction for over a year and finally forced a favorable settlement that allowed the tenants a total of 14 months of extended residency and transferred the costs of removing the mobile homes to the State.

- Commercial Landlord Tenant

Klein & Wilson represents both landlords and tenants in commercial lease disputes. Landlord/tenant disputes include failure to live up to lease covenants, such as failure to maintain property in a reasonable condition and failure to pay rent on time. When lease disputes cannot be resolved at the early stages of a case, Klein & Wilson has the experience and expertise to win commercial unlawful detainer trials. The unlawful detainer process is a mine field for the unwary, and a single technical mistake can lead to judgment in favor of the tenant on procedural grounds. Our firm has represented several hundred residents of the El Morro Village Mobile home Park in Orange County, California, who fought eviction by the State of California. Klein & Wilson successfully delayed eviction for over 14 months and entered into a favorable settlement saving its clients millions of dollars in repair costs the State sought.

- Personal Injury

Our experienced personal injury attorneys represent plaintiffs and defendants in personal injury litigation. The firm only accepts personal injury matters involving catastrophic injury and wrongful death. Klein & Wilson's attorneys strongly believe their experience representing both plaintiffs and defendants provides a decided advantage for clients in catastrophic personal injury litigation.

- Products Liability

Our firm has defended the products of some of the largest companies in the world and is very experienced in defending such cases. Klein & Wilson evaluates products liability cases with its experts early in the case to understand what caused the injury and see if the case can be settled. When a case cannot be settled, Klein & Wilson's trial lawyers have the skill and experience to properly present the case to a jury.

- Appellate Law

Most large law firms have an appellate department, and many small law firms must refer out their appellate work because they do not feel qualified to handle appeals. Klein & Wilson handles its own appeals. Appellate specialists say trial lawyers should not file their own appeals because they cannot be objective about what happened at trial. Klein & Wilson disagrees. An appellate practitioner who picks up the file only after the judgment has been entered is like someone who visits a battlefield after the battle is over. Only those who participated in the battle can understand how the battle was fought and why a case was won or lost at the trial court level.

- Mediation

Gerald A. Klein and Mark B. Wilson have extensive litigation and trial experience in a variety of areas, including complex business litigation, insurance coverage, copyright, trade secrets and personal injury litigation. Mr. Klein and Mr. Wilson know what it takes to settle cases and can convincingly explain the strengths and weaknesses of a case in order to achieve a settlement. Unlike many mediators, Mr. Klein and Mr. Wilson have the trial experience to recognize what can happen in a courtroom and why settlement may be in the best interests of each party. Moreover, Mr. Klein and Mr. Wilson have the business experience to help litigants consider creative settlements that can be a “win-win,” rather than an unhappy experience where everyone believes they have lost.

- Construction Defects

We represent clients in construction defect law cases involving: Improper design; Improper construction; Water damage; Failure to use the proper tools when constructing the building or addition; Failure to account for soil and water movement; Leaving open gaps or cracks; And other construction defects. We have significant experience investigating these matters and determining who or what is at fault for the defect. The firm handles each case with both diligence and determination, and has obtained significant case results for many clients.