Litigation
Our Expertise in Litigation
While litigation is often a last resort in resolving disputes, the threats of litigation and assessment of litigation danger are an important aspect of the modern business environment. Hobson Bernardino + Davis has been known for the success of its litigators.
Our firm has substantial involvement in virtually all types of litigation that affect businesses in the United States, from product liability to intellectual property, environmental and real estate litigation to professional liability disputes, to name but a few. The Firm’s litigation practice is distinguished by its proficiency at assembling versatile teams of trial lawyers to advance complex client interests. Each team is individually fashioned, taking into account the attorney’s knowledge of the area of law in dispute and litigation and trial experience. When it is in the best interests of the client, the team may include litigators from more than one of the firm’s offices. The firm’s attorneys have extensive trial experience before federal and state courts, arbitration panels and administrative agency tribunals throughout the United States.
The attorneys of Hobson Bernardino + Davis have handled thousands of major business litigation matters, variously representing Fortune 500 companies, financial institutions, high-profile individuals, charities, religious organizations, governmental entities and venture capital firms. Our firm’s clients come from many industries and include companies headquartered in North and South America, Europe and Asia. Before litigation, our attorneys are frequently called upon to counsel clients on ways to minimize liability exposure, assess litigation risks and objectives and develop strategies in light of recent judicial trends. Although the firm’s practice includes highly experienced litigators, we often structure and negotiate creative, cost-effective, consensual resolutions that achieve our clients’ objectives without incurring the cost, delay and risk of protracted litigation. In cases that reach the courts, the firm offers clients the size and experience necessary to conduct full-scale litigation—quickly if needed—to protect their interests. Indeed, we believe that our reputation for litigation success enhances our ability to achieve favorable negotiated results. Our clients benefit from the credibility our attorneys have built up with the courts over many years.
The trial lawyers of Hobson Bernardino + Davis have extensive experience in presenting complex matters to both juries and courts in high-stakes commercial cases. The group is known for its ability to prosecute or defend complex disputes in a cost-efficient and concise manner. Complex matters may arise because of the facts or legal issues surrounding a particular matter. The ability to explain such complexities to a jury in an easy-to-understand manner is a critical skill. Our firm’s trial attorneys handle class actions, complex technology matters and cases that require computer management of huge numbers of documents or facts. We possess a thorough knowledge of trial rules and procedures, including the application of recent technology to both discovery and courtroom presentation.
Indeed, we believe that our reputation for success at trial enhances our ability to achieve favorable negotiated results. For example, the firm has had unbroken success against “specialist” firms because our attorneys have found that attacking a problem from multiple angles puts the specialist on unfamiliar ground where they are most vulnerable. For example, “specialist” attorneys are always confronted by our firm’s multi-disciplinary approach that invariably produces successful resolution. This is due to a usually superior knowledge of substantive law, the law of evidence, proven discovery techniques, law and motion tactics including summary judgment motions, and a hard-nosed, “ready to try the case before a jury” appearance that either leads to success before the jury, or, more often than not, is an ace in the hole at the negotiating table.
Our Experience in Commercial Disputes
Contract disputes form the basis of virtually all business litigation, and the attorneys of Hobson Bernardino + Davis have extensive experience in presenting complex contractual disputes to both juries and courts in high-stakes commercial cases. Among the clients that our firm’s attorneys have represented in complex contractual disputes are: Air France, Alcoa, Inc., Asbury Environmental Services, Atlantic Richfield Company, Inc., BP America, Inc., CalPERS, California Pacific Holdings, Inc., The Christian Broadcasting Network, Inc., the City of Cudahy, the City of Los Angeles Department of Water & Power, the City of South Gate, Du Pont de Nemours and Company, the FDIC, J-M Manufacturing Company, Inc., Koch Industries, Inc., Mercedes Benz of North America, MGM/UA Communications Company, Multicoat Products, Inc., Pacific Gas & Electric Co., Pacific Convenience & Fuels, LLC, The Walt Disney Company and World Oil, Inc. These clients and others can hire the largest law firms in the world to represent them, and our firm is extremely proud of the fact that its lawyers provide the degree of service that places them among the nation’s elite firms.
Our Experience in Construction Law
In construction-related litigation, Mr. Bernardino served as ARCO’s only outside counsel in the following types of matters: breach of contract, contract defaults, termination of contractors, defense and prosecution of property damage claims arising from construction projects, arbitration of payment disputes, prosecuting professional liability matters against design professionals arising out of catastrophic failures, litigation regarding payment for alleged or improper change orders/extra work and scope of work disputes, litigation arising out of claims of delay, many construction defect lawsuits (both prosecution and defense), disputes over insurance coverage, prosecution of bond/surety actions, and defense of mechanics lien claims.
Our Experience in Representing Governmental Entities
Hobson Bernardino + Davis has represented and currently represents a number of municipalities, such as the City of Cudahy and City of South Gate in a broad range of tort defense matters, including discrimination, fraud and civil rights violations, as well as complex financial and tax disputes. Our firm has also represented and currently represents public agencies, such as the Los Angeles Department of Water and Power, as well as private utilities such as Pacific Gas & Electric Company in a variety of real estate, construction, contract and bond disputes. Our firm also represents the Federal Deposit Insurance Corporation in a variety of litigation and transaction matters arising out of the recent financial and banking crisis.
Our Broad Experience in Tort Matters
In the course of representing the firm’s large industrial clients, such as ARCO, Koch Industries and World Oil, our attorneys have defended clients charged with a broad range of allegedly tortious conduct, from slip and falls at gasoline stations, to defense of major toxic torts resulting from pipeline ruptures and release of hazardous substances.
Our Experience in Healthcare Law
Stanley Friedman is recognized as a leading expert in the field of healthcare law. Among other things, Mr. Friedman was the lead attorney in Independent Living Center of Southern California v. Shewry, 543 F.3d 1047 (9th Cir. 2008); Independent Living Center of Southern California v. Shewry, 543 F.3d 1050 (9th Cir.), cert. denied, 129 S. Ct. 2828 (2009); Managed Pharmacy Care v. Maxwell-Jolly, 603 F. Supp. 2d 1230 (C.D. Cal. 2009); Independent Living Center of Southern California v. Maxwell-Jolly, 572 F.3d 644 (9th Cir. 2009); In Re: Medi-Cal Reimbursement Rate Reduction Litigation, 652 F. Supp. 2d 1378 (J.P.M.L. 2009), and; Independent Living Center of Southern California v. Shewry, 590 F.3d 725 (2009). There are very few attorneys in the State of California with Mr. Friedman’s experience, qualification and unparalleled record of success litigating healthcare issues.
Our Experience in Public Record Act Matters
As a result of prior work experience with the United States Department of Justice and representing a variety of governmental entities as outside counsel, the firm’s attorneys have ample experience in both appropriate record keeping and preservation of documents. Moreover, the firm’s attorneys are experienced in utilizing the various public record and public information acts to both obtain and restrict access to confidential and proprietary information, as necessary.
Our Experience in Banking and Finance Law
Our firm’s recognized expertise in banking and finance law is reflected by the fact that Hobson Bernardino + Davis is one of the few law firms in the nation that has entered a Legal Service Agreement with the Federal Deposit Insurance Corporation. Accordingly, our firm is well positioned to represent its banking and credit union clients in virtually any type of litigation involving banking or finance law in any legal setting, including trial court, appearances before regulatory commissions and bankruptcy court. In addition to this practical experience, Mr. Bernardino also teaches Bankruptcy Law.
Our Experience in Litigating Insurance Disputes
Stanley Friedman recently won a 7.96 Million Dollar verdict for his client who was denied insurance coverage in bad faith. Mr. Friedman was also awarded attorneys fees. Our attorneys are trained to quickly analyze insurance claims and rapidly marshal all necessary documentation and facts to support any claims against any insurer. Our firm has never represented any insurance company; as such, the firm will never be in any conflict when representing its clients against any insurer or group of insurers.
Our Experience in Environmental Litigation
The attorneys of Hobson Bernardino + Davis have a wealth of experience in federal and state enforcement cases (both civil and criminal), permitting and other administrative proceedings. For example, the firm’s attorneys have acted as lead defense counsel in a considerable amount of nationwide product liability litigation concerning allegedly hazardous materials. Environmental litigation has long been a hallmark of the firm’s attorneys and a prominent aspect of the firm’s environmental practice. Examples of recent environmental cases litigated by our attorneys include: ARCO adv. Douglass, Santa Barbara County Superior Court, defense verdict following 54 day jury trial on environmental torts; ARCO adv. Mitchell Land & Improvement Company, Riverside County Superior Court, nonsuit in favor of ARCO on disposal dispute; Koch Industries adv. Harms, Nueces County District Court, Texas, successful defense of environmental class action lawsuit resulting in de minimis settlement by Koch Industries; Koch Industries adv. OCI Superfund Site, United States District Court, W. D. Michigan, successful defense of “superfund” lawsuit resulting in de minimis settlement, and; In re OCI, United States District Court, Central District of California, successful defense of “superfund” lawsuit resulting in dismissal.
Our firm’s interdisciplinary approach to the practice of law enhances its ability to represent our clients in litigation matters. Hobson Bernardino + Davis includes full-time trial lawyers, as well as lawyers from other practice areas such as tax, bankruptcy and real estate, who assist with particular issues on an as-needed basis. This interdisciplinary approach is particularly valuable to our clients because business disputes do not occur in a vacuum. Readily available, substantive expertise in related areas of the law is essential to efficient and effective representation.