Commercial Litigation

The firm provides its clients with a full range of general commercial litigation services, including jury trial and appellate work.

Securities Broker-Dealer Litigation

Much of the commercial litigation practice involves work on behalf of securities broker-dealers in disputes before the National Association of Securities Dealers (NASD) and the New York Stock Exchange (NYSE). The firm handles public customer cases involving allegations of churning, unsuitability, breach of fiduciary duty and fraud. It has also represented individual brokers in contract and employment disputes with brokerage firms, 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 Litigation and Unfair Competition

The firm is significantly involved in trademark, copyright, and trade secret litigation in various state and federal courts.

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.

Corporate Legal Advice

The firm has significant experience advising corporations on a variety of business issues, including drafting and analyzing executive employment contracts, stock option plans, property and equipment leases, business service contracts, LLC Operating Agreements and technology licensing contracts.

Alcoholic Beverages

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

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, producer of the Rock Rabbit, Mark West, and Avalon brands.

Travel Nurse Business

Since 1999, the firm has represented a major competitor 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.

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.