California Business Litigation and Real Estate Law Lawyer
Law Office of David Barrett
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117 J Street, Suite 300 Sacramento, California 95814 USA |
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(916) 440-0233
(916) 440-0237
www.dsblawoffice.com
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Law Firm Overview
Attorney David S. Barrett believes in taking the extra steps in the initial stages of a case — writing motions, researching the opposition, exploring new strategies — to put clients in the best position. This thorough preparation and aggressive tack has led to a demonstrated record of favorable outcomes for clients. In negotiations or at trial, David Barrett strives to ‘out-lawyer’ the other side to prevail outright or find the win-win solution that benefits both parties.
A common complaint people have about their lawyers is that they are lazy — both intellectually and in terms of plain old legwork. At the Law Office of David Barrett, we invest the energy to go beyond the easy outcome — we are wholly committed to achieve the best solution for our clients.
The firm is located in downtown Sacramento, California, serving businesses and individuals in Sacramento, Yolo, Placer and El Dorado counties. Our focused law practice extends client-centered, results-oriented representation in commercial litigation, construction litigation and real estate litigation, as well as business and real estate transactions.
Practice Areas
Practice Areas Description
- Business LitigationOur firm represents small businesses and corporations across many industries. We initiate action or defend clients in any business litigation, from routine contract disputes to complex commercial litigation: breach of contract: A purchase or sale of a business gone awry; contract disputes with suppliers, vendors or customers; tort claims: Allegations of fraud, non-disclosure, high-pressure sales tactics, or other unfair business practices; shareholder and partner disputes; construction contract litigation; trade secrets litigation; commercial lease disputes; judicial remedies: Injunctions, specific performance, enforcement of judgments; broker liability; partnerships; and business fraud.
- Business Transactions
Mr. Barrett reviews or drafts purchase agreements for sale or purchase of a business, commercial property, or equipment. He advises clients on the strategies and specific language needed to clarify issues, advance their interests and prevent future legal disputes. In commercial lease agreements, he addresses provisions that leave the landlord open to risk of litigation (ADA compliance, maintenance, injury torts). Our firm advises on every aspect of running and growing a business: expansion, mergers and acquisitions; purchase agreements, sale agreements or dissolution; lease agreements (as landlord or tenant); advising officers and directors on corporate governance and liability; developing personnel policies and practices; contract negotiation and preparation; consultation about legality of day-to-day operations and issues as they arise; employment agreements; and trademark registration.
- Real Estate Litigation
The Law Office of David Barrett represents buyers, sellers, lenders, developers, owners, lessors, tenants, and brokers in all real estate disputes. We seek to head off full-scale litigation when possible but will fiercely protect our clients' legal interests in court. Because real estate is often times a client’s largest asset, it is important to retain a lawyer knowledgeable in electronic discovery so that every effort to secure evidence can be utilized to protect the client’s assets. Real estate professionals have a high duty to act ethically in dealings with buyers. We bring lawsuits against unscrupulous seller agents or brokers for non-disclosure, breach of fiduciary duty, high-pressure sales tactics or outright misrepresentation.
- Real Estate Transactions
Our role in property transactions includes: strategies for negotiating to buy or sell property; review or drafting of purchase and sale contracts; due diligence regarding title review, disclosures and financing commitments; and preparation of closing documents. The Law Office of David Barrett primarily handles commercial real estate transactions. However, we also represent residential buyers in transactions involving undeveloped land, larger properties or complex transaction issues likely to lead to litigation. We draft and evaluate contracts related to commercial real estate transactions or large residential transactions, including: buy sell agreement, purchase agreement, sale agreement and lease purchase agreement.
- Construction Litigation
We have litigated a wide range of breach of contract claims relating to residential and commercial development: disputes with suppliers and vendors over delivery or quality of materials; filing of mechanic’s liens, or lawsuits pursuant to the ‘Prompt Payment Statutes’ against a general contractor for failure to pay subcontractors or vendors in a timely fashion; construction disputes with general contractors over the scope of work or responsibility for change orders and correction of defects; and construction disputes between subcontractors.
- Construction Defects
In California, many construction defects must be disclosed prior to the purchase of your home. If you ask direct questions about a possible defect as you are going through the house and the broker does not accurately answer your question, the broker may be liable. When you realize that there are construction defects in your home, you will likely expend significant time and expense to repair the defect. We commonly see construction defects involving the following: mold and other toxic materials, water-related defect, structural defect, soil defect, plumbing defect and electrical defects. There are even defects that can occur in new constructed homes, such as improper installation of roof supports, wrong foundation mixture and leaks that cause water intrusion and mold.
- Copyright Law
Our office will take all necessary actions to help you protect your copyright, including: review or file applications for copyright protection; draft Copyright licensing agreements; advise on the use of the copyrighted material; and end infringement by issuing cease and desist letters, or bringing an action in federal court for copyright infringement. This law firm has the experience necessary to take immediate measures to protect your work, which includes obtaining emergency injunctions. This is especially important in the fast paced technology industry when some person or company is infringing on your software copyright.
- Trademark Law
A trademark can be a distinctive company name (The Prudential), logo (Mutual of Omaha), symbol (the Nike swoosh), marketing phrase (Subway's "Eat Fresh") or combination thereof. A company establishes a trademark by the mere act of doing business, so some legal protection is available without having to register the trademark. Formally registering a trademark anticipates statewide or interstate commerce, preventing companies in other markets from using the same or similar. David S. Barrett is an experienced trademark law attorney. He assists companies of Sacramento County and surrounding counties with the time-intensive trademark search, provides a legal opinion on availability, and facilitates application to the U.S. Patent and Trademark Office.
- Trade Secrets
Non-disclosure agreements (confidentiality agreements), are enforceable in California. They prevent the misappropriation of sensitive information for financial gain — selling secrets to a competitor or using trade secrets against the former employer. In representing the aggrieved company, lawyer David Barrett demonstrates that the theft had value to the competing business and that the information or technology was indeed secret. We bring suit for breach of contract, seeking damages equal to our client's lost revenue and/or profits gained by the rival. Because circumstantial evidence is often times the only evidence of trade secret misappropriation, it is critical to utilize electronic discovery techniques to win your case.
Attorneys
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Mr. David S. Barrett
Attorney Business Law, Business Litigation, Commercial Litigation |
More Information on Law Office of David Barrett
Sacramento, California Business Litigation AttorneySacramento, CA Business Transaction Lawyer
Real Estate Litigation Law Firm in Sacramento, California
Real Estate Transaction Attorney in Sacramento, CA
Sacramento, California Construction Litigation Lawyer
Sacramento, CA Copyright Law Firm
Trademark Law Attorney in Sacramento, California
Trade Secrets Lawyer in Sacramento, CA
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