The business litigation department at Palmieri Tyler handles a broad range of business and commercial matters. We have wide experience both in defending businesses and individuals in litigation brought against them, and in prosecuting lawsuits on behalf of our clients.

We customize our approach to fit the needs of each individual client. We will aggressively litigate the case when necessary. However, we have also been successful in negotiating favorable settlements in many cases using various forms of alternative dispute resolution. We offer top quality legal services and cost-efficient solutions in a broad range of civil disputes.

Palmieri Tyler’s litigation department has developed significant expertise in both state and federal courts. Our trial teams are comprised of seasoned trial attorneys. An added benefit of working with our firm is that once you have a settlement or jury verdict in hand, our attorneys in other departments such as estate planning and wealth protection can help you realize its maximum potential through wise investment and retention strategies.

For more information about a particular practice area, please select the appropriate link below:

Contact an Orange County litigation law firm for assistance

If you would like to speak to one of our highly skilled attorneys, please contact us to schedule an initial consultation at 949-851-9400 or use our online contact form.

Business Litigation

Our trial attorneys have experience handling all types of business lawsuits, including cases involving sole proprietors, joint ventures, corporations, partnerships and limited liability companies (LLCs). These cases include the following:

  • Claims involving  corporate dissolution
  • Disputes between partners, shareholders and members
  • Minority rights
  • Breach of fiduciary duty
  • Fraud and misrepresentation
  • Disputes involving the purchase or sale of a business
  • Securities litigation

In addition, our litigators represent businesses in numerous cases involving the following:

  • Breach of contract
  • Uniform Commercial Code litigation
  • Misappropriation of trade secrets
  • Defamation
  • Interference with prospective economic advantage
  • Americans with Disabilities Act claims
  • Debt collection matters
  • Unfair competition
  • Interference with contract
  • Non-compete clauses
  • Trademarks and trade names

Further, we handle cases that involve injunctions, temporary restraining orders, applications for the appointment of receivers, writs of attachment,  pre-judgment remedies, such as requests for accounting and motions for summary judgment. We also pursue business insurance and insurance coverage litigation, so that our clients can obtain the benefit of all applicable insurance coverage. Since many business contracts contain arbitration clauses, we have substantial experience handling business litigation matters in the arbitration setting. Our business litigators work closely with our corporate and transactional attorneys to achieve the best possible result.
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Employment Litigation

Palmieri Tyler's employment attorneys have a firm grasp on how businesses should operate and endeavor to serve the businesses that turn to them for guidance in a responsive and efficient manner.  The employment group's structure provides clients with regular partner contact while maintaining cost-effective representation.  The group assists clients with policy planning, contract drafting and negotiating, and management training aspects of employee relations, as well as litigation matters.

Clients of the practice have included over 50 small business restaurants and fast food chains, janitorial staffing companies, product manufacturers, installers of fabricated textile products, car wash businesses, technology companies and landscape businesses, to name a few.  While we have done work with companies large and small, many mid-sized businesses appreciate the value offered by our practical approach to employment issues.

The following is a sampling of matters typically undertaken by the employment group:

  • Wrongful termination
  • Discrimination and harassment claims
  • Retaliation claims
  • Wage and hour matters
  • Class and collective actions
  • Private Attorneys General Act (PAGA) actions
  • Employment contracts and nondisclosure agreements
  • Severance and separation agreements
  • Reduction in force
  • Leaves (military, family, etc.) provisions and compliance
  • Employee discipline matters
  • Occupational Safety & Health Administration
  • Americans with Disabilities Act provisions and compliance
  • Unfair business practices and competition matters

The firm's employment attorneys frequently assist client companies by advising management on employment issues and assisting with the development of personnel policies and handbooks.

In addition to successful courtroom advocacy at the trial and appellate levels, the group is also experienced appearing before administrative and regulatory bodies on behalf of employers, including the California Labor Commissioner, California Department of Fair Employment and Housing, and the U.S. Equal Employment Opportunity Commission.

The employment group represents employees in litigation matters, as well.

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Arbitration & Mediation

Our litigation attorneys are always ready to present the best possible case to a judge, jury or arbitrator. However, it must be recognized that in today’s litigation world, most cases settle prior to trial. Therefore, we are experienced and knowledgeable in representing our clients in the mediation process. We have experience with many of the retired judges who are affiliated with private dispute resolution companies, such as JAMS and Judicate West. In addition, we have worked with many excellent local business litigation attorneys who conduct private mediations. We have substantial experience in the art and strategy of presenting a case at mediation. Good settlements can often generate very substantial savings to the client in costs, time and attorneys’ fees.

Creditor's Rights

Our litigation attorneys have extensive experience in litigating actions on behalf of creditors and in pursuing claims against debtors in bankruptcy. Our experience includes filing creditor claims, representing property owners whose tenants have filed for bankruptcy, and defending voidable preference and fraudulent transfer actions in adversary proceedings before the bankruptcy court.

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Product Liability

For over 30 years, Palmier Tyler has played a lead defense and trial counsel role in national product liability and mass tort litigation.  Palmieri Tyler’s clients have included companies such as Pfizer, 3M, Georgia-Pacific and Wyeth.  Our attorneys have a wealth of experience managing complex litigation, with particular strong experience in the representation of manufacturers in product liability actions.  We represent pharmaceutical and medical device manufacturers, property owners and manufacturers in cases involving claims of injury from asbestos and silica exposure, and manufacturers of a variety of toxic chemicals and medical, industrial, high-tech and consumer products.

We serve as National Counsel for manufacturers of industrial valves and commercial boilers involving claims from asbestos exposure.  We have also handled over 500 cases consolidated in Orange County Superior Court for Pfizer Inc. and its subsidiary, Shiley Incorporated, in connection with the Bjork-Shiley prosthetic heart valve.  Palmieri Tyler also served as National Counsel for McGhan Medical Corporation in the breast implant litigation in addition to serving as its Counsel of Record in California cases.  In addition, we have handled product liability matters for medical device manufacturers pertaining to catheters, penile prostheses, heart-lung machines, contraceptive devices and respirators.

We tailor the scope of our representation to the nature and complexity of each case.  Our attorneys have considerable experience advising clients on preventive measures that can reduce the risk of liability without interfering with strategic business objectives.  For those matters that result in litigation, we conduct an early assessment of the case to evaluate potential exposure and to formulate appropriate strategies to resolve claims successfully in the early stages of the dispute.  Focusing on the pretrial aspects of complex litigation, we strive to locate and work with the most qualified expert witnesses, such as toxicologists, radiologists, pathologists, industrial hygienists and product safety engineers.  Our trial attorneys aggressively litigate claims on both a local and national level.

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Real Estate and Construction Litigation

Our litigation attorneys handle all types of real estate-related claims, including the following:

  • Claims involving construction disputes
  • Mechanics' lien claims
  • Contractor disputes
  • Unlawful detainer actions
  • Boundary disputes
  • Easement litigation
  • Development entitlement litigation
  • Construction defect lawsuits
  • Litigation regarding purchase and sale agreements
  • Escrow litigation
  • Encroachment issues
  • Deed disputes and quiet title actions
  • Environmental contamination
  • Lease disputes
  • Specific performance actions
  • Real estate deposit cases
  • Adverse possession
  • Zoning and land use lawsuits
  • Writs of mandate to compel actions by governmental entities and agencies

We are familiar with insurance coverage issues under general liability, title and other insurance policies affecting real estate litigation. Therefore, we can provide our clients with the benefits of all applicable insurance coverage. Our real estate litigation attorneys work closely with the attorneys in our real estate department to achieve the best possible results.

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