Commercial Litigation

The firm specializes in contract disputes of all varieties and provides its clients with a full range of general commercial litigation services, including jury trials and appeals. We have tried commercial cases in courts all over California, and we have handled appeals before the California Court of Appeal and the Ninth Circuit U.S. Court of Appeals.

In April 2008 the firm won an American Arbitration Association arbitration in I2K Holdings v. Integral Partners, successfully defeating a $30 million demand following the sale of an I2K subsidiary.

Securities Broker-Dealer Litigation

Much of our commercial litigation practice involves work on behalf of securities broker-dealers in disputes before the Financial Industry Regulatory Authority (FINRA). The firm handles public customer cases involving allegations of churning, unsuitability, breach of fiduciary duty and fraud. It also represents both broker-dealers and individual brokers in contract and employment disputes, and individual investors in claims involving serious mishandling of their securities accounts.

In March 2004, in Headwaters Capital v. Morgan Stanley Dean Witter, the firm obtained an NASD award for more than $1.7 Million on behalf of a Bay Area arbitrage firm.

Intellectual Property, Unfair Competition, Trade Secrets, Confidentiality and Non-Compete Agreements

The firm handles trademark registration and monitoring, copyright, licensing, confidentiality agreements and trade secret protection, as well as litigation involving each of these issues in state and federal courts throughout California.

In December 2003 the firm prevailed in an appeal before the U.S. Ninth Circuit Court of Appeals, in a copyright infringement action (CMSI v. Travel Nurse International) in which the firm had won summary judgment at the District Court level.

Delinquent Loan Specialists

Commins & Knudsen, PC specializes in the resolution of delinquent loan disputes in California. In that capacity, we represent both lenders and borrowers, and offer a loan dispute mediation service serving as neutrals to evaluate expeditiously factors including security value, equity, title transfer options, debt maintenance, refinance, abatement, deferment, foreclosures, and post-transfer rental. Our philosophy in this volatile market is that both borrowers and lenders benefit from an efficient, impartial, knowledgeable evaluation of present circumstances and available legal and financial options.

We believe that the fastest way to over-all market recovery is by stemming the tide of contentious and involuntary foreclosures. With more than 70 years combined experience in real estate, finance, mediation and contract dispute resolution, we are equipped with a full range of tools, from various deeds and loan restructuring options to new state and federal legislation, including the Federal Homeowner Affordability and Stability Plan, to resolve quickly even the most protracted controversies.

Corporate Legal Advice

Since associating with of counsel, John Capron, the firm has developed considerable experience in corporate, real estate and general business law, including but not limited to entity formation, equity and debt financing, secured transactions, stock and asset acquisitions (including acquisition of assets out of bankruptcy), commercial real estate transactions, and commercial leasing.

The firm also drafts and analyzes executive employment contracts, stock option plans, property and equipment leases, business service contracts, LLC Operating Agreements and technology licensing contracts.

Labor and Employment

Mr. Knudsen has been involved in employment transaction and litigation matters for 18 years, including wage and hour, wrongful termination, breach of employment contracts, executive employment, whistle blowers, discrimination, sexual harassment, and workers compensation disputes. He has represented both employers and employees and lectured on each of these topics.

For the past 20 years, Mr. Commins has represented brokers and other executives in the securities industry, as well as securities broker-dealers in employment, contract and regulatory matters.

California Wine Business

The firm's transactional experience includes the negotiation and drafting of multi-million dollar wine production and distribution agreements, and the purchase of existing wine production facilities.

Mr. Commins served on the board of directors of the Codera Wine Group, Inc., which in late 2001 sold the majority of its assets for approximately $140 million. The firm was involved in negotiating this transaction and advising the company and its owners throughout these negotiations.

Today the firm is outside general counsel to Purple Wine Company (as well as Sonoma Wine Company), producer of the Rock Rabbit, Mark West, and Avalon brands, among others.

Travel Nurse Business

Since 1999, the firm has represented a number of entities in the travel nurse industry, in which companies provide qualified temporary nurses to hospitals. This highly competitive market has led to the firm's involvement in several commercial and intellectual property litigation matters, including winning summary judgment in a copyright action in the Eastern District of California in 2002, an appeal before the U.S. Ninth Circuit Court of Appeals in 2003, and a successful San Francisco Superior Court jury trial in early 2003.

Real Estate

The firm handles real estate transactions including broker and lender liability, acquisition, development, financing, liquidation, easements, both private and judicial foreclosures for both institutional investors and individuals. Mr. Knudsen successfully litigated an easement dispute against Rose Hills Cemetery, the largest cemetery in the world, and compelled Rose Hills to take responsibility for the maintenance of extensive drainage easements saving downstream landowners millions of dollars in maintenance costs.

Sweepstakes and Contest Administration

The firm offers clients legal advice regarding sweepstakes and contest promotions, and can assist with official contest rules and contest administration.

Mediation and Risk Management

Mr. Commins has successfully mediated cases both as a private mediator and as a pro tem judge handling settlement conferences in San Francisco Superior Court. Mr. Commins, mediated the sale of the majority of assets of the Codera Wine Group, Inc.  After representing the company for a decade as outside counsel, Mr. Commins was asked to mediate the diverging interests of its shareholders. This process led to the successful sale of the Blackstone brand and related assets in October 2001 for approximately $140 million.

Insurance and Bad Faith Litigation

Mr. Knudsen successfully litigated an insurance bad faith dispute involving commercial general liability and umbrella policy carriers on behalf of a developer client on a contingent fee basis resulting in a $3 million settlement after a Phase I trial in a case that had been rejected by three other law firms.