Civil Litigation

Sideman & Bancroft's civil litigators are widely recognized for their courtroom successes and skillful representation of their clients. Our experienced trial attorneys litigate cases in federal and state courts throughout California, at both the trial and appellate levels, and in arbitration and administrative law venues. Clients range from business entities to individuals, families, and trustees or other fiduciaries. The Civil Litigation Group represents clients in such diverse industries as information technology; telecommunications; financial services, banking, and securities; real estate investment and development; construction; manufacturing; hospitality, food and beverage; global commerce and e-commerce; and professional services.

We approach each case recognizing its potential to go to trial, fully aware that favorable results come from thorough and strategic preparation. Our litigators conduct aggressive pretrial discovery with the goal of positioning each case for swift and successful resolution. At all stages we offer ongoing evaluation of the case and advise clients on their options. We also take full advantage of the increasingly prevalent forms of alternative dispute resolution, including arbitration, mediation and neutral evaluation.

The Civil Litigation Group prosecutes and defends appeals in California state and federal courts from final judgments and other appealable orders. We also handle writ proceedings following interim orders and motion practice on appeal in the same wide range of subject matter as our trial practice.

Areas of Concentration

Business Litigation

In business relationships, disagreements frequently arise from the lack of performance by one or more contracting parties. The Civil Litigation Group has extensive experience litigating business contract disputes. We represent all types of business owners in conflict with other owners or managers of the enterprise for breaches of contracts and governing documents. We regularly defend clients in actions brought by minority shareholders against majority owners, corporate officers, and directors for breach of fiduciary duty. We litigate cases involving alleged misappropriation of corporate or partnership opportunities, proprietary information or trade secrets, and claims of fraud, interference with contracts, unfair competition, and unfair business practices under statutory and common law theories.

Creditors' Rights and Bankruptcy

The firm represents individuals and business entities in enforcement and defense of claims to collect on either secured or unsecured indebtedness, including foreclosure on real or personal property collateral. We utilize all available pre-judgment remedies such as attachment, temporary protective orders, and injunctive relief, where available. Our litigators also represent clients in proceedings concerning receiverships, collection of judgments, and fraudulent transfers. In bankruptcy cases, we represent clients asserting secured or unsecured claims, moving for relief from the automatic stay, and litigating non-dischargeability and preference actions. We also offer counseling on alternatives to bankruptcy.

Defamation and Invasion of Privacy

The profusion of new media is increasing instances of defamation and invasion of privacy. Our attorneys handle these and other First Amendment matters in personal privacy contexts, as well as in commercial contexts, including claims for misappropriation of name and likeness and violating rights of publicity. Our practice encompasses prosecuting and defending claims of internet defamation, such as false or misleading comments about a business or professional on blogs, message boards, YouTube, and social networking sites. We also represent clients claiming First Amendment rights in Strategic Lawsuit Against Public Participation (SLAPP) actions.

Financial Services and Securities

The Civil Litigation Group handles disputes over investments made through broker-dealers, registered investment advisors, and other financial consultants, as well as disputes involving direct investments in securities, both in arbitration forums such as FINRA and in court. We also represent parties in claims over secured and other complex borrowings, frequently involving guaranties and lender liability claims and defenses.

Intellectual Property

Working with the attorneys in our Intellectual Property Group, we have extensive experience litigating intellectual property (IP) disputes, including actions for trade secret misappropriation; trademark, trade dress, and copyright infringement; and enforcement of IP licenses and non-disclosure agreements. We are adept at handling IP issues that frequently arise in cases involving other claims, such as shareholder, partnership, and employment-related matters and asset sale disputes.

Professional and Fiduciary Liability

Sideman & Bancroft regularly prosecutes and defends actions involving professional and fiduciary liability, including claims for alleged negligence and other breaches of obligation in the performance of professional services. Our attorneys have been active in professional liability matters involving attorneys, accountants, real estate and securities brokers, and trustees in addition to professionals in the medical services, including physicians, mental health care providers, and medical groups. These matters include claims before courts and administrative boards as well as claims in arbitration venues.

Real Estate, Construction Defect and Landlord/Tenant

The firm handles a wide variety of real estate matters, including breach of purchase and sale agreements, quiet title actions, easement and boundary disputes, broker and agent liability claims, lease disputes and commercial and residential evictions, HOA governance matters, construction defect cases, property management disputes, and land use matters.

Trusts and Estates and Elder Abuse

Our civil litigators represent trustees, settlors, beneficiaries, and other interested parties in a wide variety of disputes involving trusts and estates, including claims of fiduciary liability, trust and will contests, petitions to remove trustees, and petitions for accountings. We file petitions for instructions on behalf of clients serving as trustees where clarification under trusts or other instruments is necessary to protect the parties' rights. We also prosecute and defend claims for elder or dependent adult abuse. On these matters, we work closely with partners in the firm's Estate Planning Group.

Alternative Dispute Resolution (ADR)

In some disputes, it is possible to reach satisfactory closure without the expense, delay and publicity of court proceedings. The Civil Litigation Group provides clients with pre-litigation and preventive counseling, including advice on engaging in negotiation and mediation to achieve early settlement when appropriate.

Alternative dispute resolution such as mediation, early neutral evaluation, arbitration, private judging, and mini-trials affords our clients greater control over the outcome of their disputes through consensual rules and/or a negotiated settlement, which is often preferable to leaving outcomes in the hands of a judge or jury. We recommend ADR whenever it is likely to lead to a satisfactory and cost-effective outcome. We customize dispute resolution processes around the needs of the particular case. We actively practice before the leading dispute resolution providers, including JAMS, the American Arbitration Association, ADR Services, and FINRA (formerly NASD and NYSE), as well as in court-sponsored mediation and neutral evaluation programs. Our litigation partners also provide ADR services as qualified certified neutrals, serving as mediators, arbitrators, early neutral evaluators, and private judges retained through court appointments or direct engagement by private parties.