Practice Areas

Integrity is doing the right thing. Even when no one is watching.   — C.S. Lewis

 1. Civil litigation

Over more than 27 years of practice I’ve litigated hundreds of lawsuits in state and federal court, and before regulatory agencies. I’ve tried them, appealed them, and resolved them through ADR. I’ve served as civil-litigation counsel for Fortune 500 companies, for other public and private entities, for governmental entities, and for individuals. I’ve have huge cases—with as many as 6,000 plaintiffs (I served as managing defense counsel in the Erin Brockovich hexavalent-chromium cases)—and smaller, less-complex cases. Examples of the areas of law in which I’ve litigated cases are these:

      • Business disputes
        • Contracts
        • Partnership disputes
        • Shareholder issues
        • Setirement and benefits issues
        • Employment, labor, and collective bargaining issues
        • Interference with contract
      • Environmental
        • Property contamination
        • Regulatory violations, including NOVs, orders, citations, investigations, and hearings—both state-lawsuits and federal suits
        • CERCLA, RCRA, and other federal and state statutes and regulations
        • Storm water
        • Permitting and violations of permits
      • Toxic torts
        • Inhalation exposure and lung injuries
        • Dermal exposure
        • Ingestive exposure
        • Carcinogens, mutagens, teratogens, death
      • Contracts
        • Enforcement of contract
        • Reformation of contract
        • Breach of contract
      • Insurance coverage and bad-faith
      • Land use, zoning, and permitting
      • Intellectual property
        • Copyright litigation
        • Trademark infringement
        • Unfair competition
        • Misappropriation of trade secrets
      • Products liability
        • Design defects
        • Failure to warn & product labeling
        • Manufacturing defects
        • Implied warranty
      • Real estate
        • Leases
        • Purchase and sale
        • Premises liability
        • Nuisance, trespass, waste
        • Easements
        • Joint powers agreements
        • Permitting
        • Zoning
      •  Construction
        • Delay
        • Defects
        • Site injuries
        • Indemnity among contractors
        • Construction insurance
        • Permitting
        • Land land use
      • Torts and personal injuries
        • Medical malpractice
        • Medical devices
        • Torts & personal injuries
        • Toxic torts
        • Wrongful death
        • Litigation management

A true measure of your worth includes all the benefits others have gained from your success. —Cullen Hightower

2. Corporate Counseling

With a depth of knowledge gained from civil litigation—serving as the pound of cure—I’ve learned a lot about how easily problems could have been prevented, if only folks had used an ounce of prevention. I’ve served many people and businesses as their business adviser and corporate counselor, helping to prevent problems while seizing opportunities. I’ve served in house counsel for a startup as general counsel and as external corporate counsel for multiple corporations and individuals. I’ve also served on corporate boards of directors. I bridge divides, act as the glue to cement or build relationships, fix things, and prevent issues from arising so that businesses can thrive. Here are some examples of corporate counseling work in which I have experience:

            • Contracts
              • Negotiation, drafting, and administration
              • Indemnity
              • Insurance
              • Real estate
              • Business
              • Construction
              • Education
                • IEPs and Special Education FAP negotiations
                • Teacher contracts negotiations
                • Collective bargaining negotiations
                • Teacher retirement and benefits negotiations
            • Government procurement contracts
              • Federal Acquisition Regulations (FAR)
              • Defense Federal Acquisition Regulations (DFAR)
              • International Traffic in Arms Regulations (ITAR)
              • Teaming agreements
              • Risk-shifting specifications, statements of work (SOWs)
            • Employment, labor, and vendors
              • Employment agreements
              • Partnership agreements
              • Vendor and consulting agreements
              • Collective bargaining negotiation
              • Benefits and retirement
              • Hostile workplace and harrassment
              • Contract disputes resolution
              • Corporate finance
                • Investor agreements
                • Private placement memoranda (PPMs)
                • SEC reporting
            • Risk management
              • Program development
              • Program review
              • Insurance-policies review
              • Insurance-coverage opinions
              • Risk-shifting-agreements creation
            •  Counseling
              • Process controls
              • Industrial-hygiene practices
              • Workplace-safety consultation and OSHA compliance
              • Material Safety Data Sheets (MDSDs)
              • 911-dispatch protocols
              • Lease terms reviews
              • Pre-suit-claims negotiation
              • Crisis management and external message control
              • Warnings—Product-label-warnings review
              • Product-instructions review
            • Employee training
              • Best practices to mitigate litigation risk
              • Creation of templates, checklists, guidebooks, methods, and ongoing training as to emerging law and compliance, including regulatory compliance
            • Government investigations
              • Responses to regulators
              • Regulatory compliance
              • Negotiations with regulators
              • Administrative hearings
            • Regulatory compliance
              • Emerging-law advice, updates, templates, procedures
              • Employee training
            • Intellectual property
              • Licensing
              • Inventor agreements
              • Employment agreements with automatic assignment
              • NDAs, PIAs, university-sponsored research agreements
              • Government-contractor teaming agreements
              • Joint ventures
              • Productization of ideas
              • Trade secrets program creation and administration
            • Mergers and Acquisitions (M & A)
              • Businesses
              • Hard assets
              • Intellectual property
              • Due diligence
            • eCommerce
              • Privacy policies
              • Terms and conditions
              • COPPA
            • Document control
              • Investigations
              • Document management, retention, destruction, production, databasing
            • General corporate law
              • Entity formation
              • Shareholder agreements
              • Corporate governance
              • Creation of entities, subsidiaries
              • Employee agreements and employee relations
              • Private placement memoranda (PPMs)
              • SEC reporting
            • Dispute resolution
              • General problems troubleshooting.

Real service—honesty and integrity—can be neither bought nor measured in money.

3. Mediation

I love putting deals together, creating harmony out of discord, and making things work to the benefit of both sides.

I’ve mediated more than 80 cases as a mediator, and dozens more as a litigant’s attorney. I serve on the panel of the American Arbitration Association, and am on the San Diego Superior Court panel of mediators as well. I served on the Los Angeles panel of mediators for more than 10 years.

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