Newmeyer & Dillion represents clients in matters under appeal, both in cases that we have initially handled and those cases that have been referred to us by other attorneys. We represent clients in all state Courts of Appeal, the California Supreme Court, and the federal Ninth Circuit Court of Appeals.
Arbitration & Mediation
Many cases today are settled through alternative dispute resolution, which can include arbitration, judicial reference, mediation, or collaboration. The lawyers of Newmeyer & Dillion can advise, give guidance, and coach you and your company throughout any of these alternative dispute resolution forums. Our attorneys regularly arbitrate or participate in judicial reference in nearly every area in which we practice, and when it makes sense to mediate a dispute, our attorneys walk you through every major step in the process. When alternative dispute resolution makes sense for you or your company, we keep an open mind and work with you to create solutions that address the interests of all parties.
In Newmeyer & Dillion's bankruptcy practice, we represent a broad range of clients, which includes both debtors and creditors in bankruptcy and workout matters. Our attorneys regularly appear on behalf of clients in bankruptcy courts throughout California, and represent both businesses and individuals.
We provide our debtor clients with the information needed to make an educated decision about their options. While often a difficult process, our clients appreciate our understanding of the complex issues that they face, our dedication to client satisfaction, and our results-oriented approach. Our goal is to apply skill, knowledge, and creativity to assist in solving problems.
We provide our creditor clients with responsive information and thoughtful analysis of the status of the bankruptcy matter in which they find themselves. Bankruptcy is an area where clients need to make a careful cost-benefit analysis in determining the most prudent course of action. We are abundantly aware of this concern, and strive to provide the most efficient level of representation possible in all bankruptcy matters.
Newmeyer & Dillion attorneys concentrate our practice in:
- Individual Debtors
- Small Business Debtors
- Asset Protection and Exemption Analysis
- Creditors' Rights
Our attorneys offer comprehensive expertise in a broad array of business litigation matters. Whether a matter requires negotiation, mediation, arbitration, or litigation to trial, Newmeyer & Dillion's attorneys have the experience and capabilities to advocate effectively for our clients. We protect our clients’ interests in all state and federal courts within California, both trial and appellate. We also appear before the American Arbitration Association and other providers of alternative dispute resolution.
Our attorneys’ experience in the business litigation arena is vast and covers a variety of different areas; our practice areas include but are not limited to:
- Unfair competition
- Usurpation of trade secrets
- Violations of section 17200 of the Business & Professions Code
- Lender liability
- Uniform Commercial Code disputes
- Commercial collection
- Copyright and trademark disputes
- Contract disputes
- Sales and commercial transactions
- Partnership dissolution
- Partnership/Shareholder/Officer/Director litigation
- Legal malpractice
- Business interruption
- Misrepresentation Claims
- Broker-dealer disputes
- Fraud, conversion, and misappropriation of funds
- Employment litigation
Business Organizations & Reorganizations
Newmeyer & Dillion offers transactional business formation services to entrepreneurs and small businesses across a broad range of legal problems. Our team provides services regarding the formation of business and real estate entities; business transactions; contracts; asset protection transactions; domain name disputes; business litigation; trade secrets; unfair business practices; cease and desist letters; and infringement letters.
Our corporate reorganization and bankruptcy services include out-of-court and in-court restructurings for debtors, debt syndicates, official and unofficial creditors and equity holder committees, acquirers and large individual creditors. We have handled complex domestic and cross-border Chapter 11 reorganizations. The attorneys at Newmeyer & Dillion use a practical, business-oriented approach and strive to find innovative solutions to complicated problems for your organization.
Types of matters:
- Corporate restructuring
- Adversary proceedings
- Preference and fraudulent conveyance actions
- Debt renegotiations
- Business sales
- Bankruptcy litigation
- Enforcing contract rights
- Advising on debt payment negotiations
Newmeyer & Dillion provides an extensive range of services for the entire life cycle of businesses, from sole proprietorships to mid-range and national companies. Our attorneys guide clients through the process of selecting, forming and structuring the appropriate form of entity for their business operations, advise on operational and governance matters, and prepare and facilitate buy/sell agreements, merger and acquisition agreements, and dissolution.
Types of matters:
- Formation and structuring of business entities, including corporations, limited liability companies, general partnerships, limited partnerships, limited liability partnerships and joint ventures
- Licensing and regulatory compliance
- Record keeping and entity governance
- Shareholder agreements and stock option plans
- Contract negotiation and preparation
- Executive compensation arrangements
- Employment and independent contractor matters
- Licensing and franchising arrangements
- Manufacturing and distribution agreements
- Buy-sell agreements
- Purchase and sale of businesses
- Business dissolutions and sales
Newmeyer & Dillion is one of the preeminent California law firms in the area of construction litigation. We counsel our clients at every stage of the construction process from the negotiation of construction agreements to the administration of the contracts and develop risk management and warranty plans in order to avoid litigation. The Firm represents many of the major real estate developers, as well as contractors and design professionals in all aspects of complex claims and litigation.
The Firm has pioneered the defense of developers in construction-defect matters and has been involved in numerous appellate matters that have positively impacted the construction industry, such as Aas v. Superior Court (2000) 24 Cal.4th 627. In Aas, the California Supreme Court ruled that the economic loss rule precludes homeowners from recovering on a negligence theory for construction defects that have not caused appreciable and non-speculative property damage.
Newmeyer & Dillion attorneys are knowledgeable not only in the details of construction necessary to handle these claims, but also in the nuances of construction law and the construction business, such as insurance, warranty, indemnity, licensing, alter ego and regulatory matters, required to fully protect our clients. The Firm is proud to include among its clients Centex Homes, Fieldstone Communities, Inc., KB Homes, Standard Pacific Corp., William Lyon Homes, and W.L. Homes LLC.
Newmeyer & Dillion has extensive experience in alternative dispute resolution and looks for creative and cost-effective approaches to resolve construction claims. In the event a dispute must be resolved by trial or arbitration, the Firm has substantial trial experience. The Firm’s attorneys have successfully tried cases involving a wide range of projects, from large multi-family developments to single-family homes. The Firm also has the expertise to litigate with the insurance industry when our clients are wrongfully denied insurance coverage.
Our Firm has the resources to handle the largest construction claims, but also recognizes that not all matters require a team of attorneys and paralegals. The Firm’s attorneys work with our clients to develop cost-effective methods to resolve any issue.
The Firm’s attorneys are active in construction industry associations and frequently present seminars and lectures on construction issues.
- Construction defects
- Insurance coverage analysis and negotiations
- Complex multi-party actions
- Class actions and "representative" Association actions
- Slope failure cases
- Concrete failure cases
- Mold cases
- Land subsidence
- Contract disputes
- Environmental/Toxic issues
- Land use planning and regulatory matters
- Delay Claims
- Site accidents
- Errors and Omissions
- Title insurance claims and quiet title actions
- Debtor bankruptcy
- Judicial foreclosures
- Mechanic's liens and Stop Notice actions
- Financing and security issues
Corporate Matters: Acquisitions, Finance, Securities, & Mergers
Newmeyer & Dillion represents public and private companies, private equity funds and entrepreneurs in a wide variety of transactions.
- Acquisition and disposition-related matters
- Securities law issues and matters, including Securities Act and Exchange Act public filings and compliance (registration statements, quarterly and annual reports, proxy statements, insider trading practices, and various other required SEC filings)
- Private financing transactions, including seed financings, angel and venture capital investments, bridge loans, and mezzanine financings
- Acquisitions involving publicly-traded, privately held and venture-backed companies, representing buyers, sellers, and potential targets
- Tax-free reorganizations Real Estate Litigation
- Leveraged buyouts
- "Going private" deals
To address our clients' requirements with rapidly evolving Cyber Law and the critical risk arena of Cybersecurity, Newmeyer & Dillion has drawn from its broad practice groups to form an experienced team of seasoned professionals whose outside experience includes assignments in federal and state government, federal law enforcement, military operational law, public and private corporation boards of directors (audit, governance, risk and information security committees), corporate and government compliance investigation (including sensitive and classified material breach investigations), white collar crime investigation and defense, and cybersecurity investigation at the state, federal and corporate levels.
As lawyers, our team collectively has expertise in:
- Insurance (cyber breach and the full range of commercial coverages)
- Cybersecurity as a corporate board concern across the enterprise
- Representation of internet service providers and other tech enterprises in federal investigations requiring security clearances
- Cyber breach defense in regulatory enforcement and class action claims
- Cyber breach response management and legal counseling
- Intellectual property and technology protection
- Public and private company business litigation
OUR CYBER PHILOSOPHY
Newmeyer & Dillion's approach to cyber issues is not complex. We do not seek to duplicate capabilities of IT, legal and other enterprise departments. Rather, we offer calm, practiced, and common sense advisories to cyber problems, whether they are significant cyber concerns that threaten the enterprise's business strategy, rapid reaction response planning or actual rapid response to cyber events.
We do seek to support enterprise teams and help fill gaps in knowledge and experience. We offer our clients security in the knowledge that our own experience under pressure allows us to understand theirs.
IN PARTNERSHIP WITH UCI CYBERSECURITY POLICY & RESEARCH INSTITUTE
Newmeyer & Dillion is a founding member of the UCI Cybersecurity Policy & Research Institute and a leading member of the Legal Subcommittee for its Advisory Board. We are proud to work with the University of California, Irvine and committed to serving our community by developing proactive legal, policy and technological strategies to combat cyber threats.
Eminent Domain & Real Estate Valuation
The goal of our eminent domain and real estate valuation practice area is to help our clients achieve the highest productivity from their real property. Newmeyer & Dillion attorneys have extensive expertise in counseling and representing developers, institutional entities, and public entities. Our attorneys handle all aspects related to the use and development of land.
The Firm’s eminent domain practice assists clients through all aspects of an eminent domain proceeding. Newmeyer & Dillion has experience in both federal and state courts, and its attorneys have handled land use cases resulting in published opinions of statewide importance. The Firm’s lawyers are also skilled in administrative and legislative hearings, arbitrations, and mediations.
Our expertise encompasses:
- Valuation of real property
- Highest and best use analysis/issues
- Growth control ordinances and moratori
- Exactions and dedications
- Nuisance law
- Tort law as applied to real property and real property rights
- Constitutional and Civil Rights Act law as applied to real property and real property rights, including inverse condemnation
- Redevelopment law
- Environmental law
Newmeyer & Dillion covers all environmental law matters that companies routinely come across, including regulatory compliance, acquisition, due diligence, and environmental impact assessment.
Our partners have provided Due Diligence and Environmental Impact services regarding land use aspects of project development for years. Our services include determining required governmental approvals for construction projects; formulating and implementing a strategy for obtaining those approvals; supervising the preparation of the documentation, including applications and impact statements; and handling any litigation. We also oversee the environmental due diligence on the real property. We have handled the permitting for major industrial and utility projects throughout California.
- Developing environmental assessment programs
- Conducting site assessments
- Identifying and evaluating environmental compliance status and potential issues
- Negotiating and drafting environmental terms and conditions
- Developing compliance programs
Newmeyer & Dillion has broad experience in resolving all types of insurance disputes for both individuals and business policyholders. Our attorneys have successfully represented policyholders in hundreds of third-party liability insurance disputes involving an insurer’s duty to investigate, defend, indemnify, and settle claims against the policyholder. The firm also represents policyholders in first-party claims to obtain benefits and damages, including punitive damages, against their insurers.
The Firm’s attorneys have successfully represented policyholders at both the trial and the appellate level in landmark insurance coverage cases, including Presley Homes, Inc. v. American States Insurance Company (2001) 90 Cal.App.4th 571, which established that additional insureds are entitled to the same immediate and complete defense benefit owed to the named insured.
The Firm has recovered hundreds of millions in policy benefits for policyholders. In 2002, the Firm obtained a $26.5 million jury verdict against a national insurance company based on its refusal to defend a developer in a landslide case.
Our attorneys have successfully represented policyholders in disputes involving all types of insurance policies including:
- Comprehensive General Liability
- Construction claims
- Environmental/Pollution claims
- Product Liability
- Intellectual Property
- Wrap-Up Policies
- Rolling Wraps
- Fronting Policy
- Directors & Officers
- Builder's Risk
- Professional Liability
- Employment practices
- Mold contamination
- Water and fire damage
- Health Insurance
- Life Insurance
- Disability Insurance
Newmeyer & Dillion also counsels clients on insurance risk management issues, regarding methods to minimize, avoid and transfer business risks including:
- Policy review and analysis
- Policy negotiation
- Insurance program implementation
- Traditional developer programs/SB 800 compliance
- Insurance audits
- Exhaustion issues
- Primary/excess issues
- Project-specific "Wrap-up" programs
Intellectual Property & Trademarks
At Newmeyer & Dillion, our attorneys counsel clients on intellectual property (IP) issues and rigorously enforce our clients’ intellectual property rights in State and Federal courts, including prosecuting and defending IP related claims, as well as defending and obtaining preliminary injunctions. Our IP practice helps our clients maximize their intellectual assets, protect their market position for the future, and defend against actions by others. Our attorneys pride themselves on understanding our clients’ businesses and assisting with Business Transactions and Business Litigation. Each year, our clients spend significant sums to advertise and market their intellectual property so the public can identify with their particular products and services. Our dedicated attorneys help ensure that others do not infringe and exploit our clients’ intellectual property rights. We employ lawyers who can help you identify, manage, and protect your IP assets; or, even better, acquire those that provide a greater return.
Our attorneys also have significant experience with Insurance Law involving policies covering intellectual property disputes. Unlike many law firms who represent insurance companies thereby causing a potential conflict in the event of an insurance coverage dispute, Newmeyer & Dillion has the ability to prosecute insurance coverage actions against insurance companies, on behalf of its clients that are policyholders and have been wrongfully denied defense and indemnity for IP disputes.
Our trademark practice helps individuals and businesses protect and develop their intellectual property assets. We file Trademark and Copyright applications; business transactions and startup issues. Our team is savvy in counseling startups and established companies in over 20 industries. We also are experienced in licensing and intellectual property litigation.
Newmeyer & Dillion represents its clients passionately and imaginatively. We consider smaller clients equally important to larger clients. Start-ups, entrepreneurs, and emerging companies that are looking to grow and expand are vital to us, as they are the future; therefore, we commit to provide elite service to both small and large clients. Our broad experience and knowledge in representing large businesses is also priceless to smaller clients, given our knowledge of complex IP and business issues. This practice builds on the firm’s reputation for excellence, creativity, and entrepreneurism.
Our attorneys offer comprehensive expertise in a broad array of intellectual property matters:
- Trade Secrets
- Unfair Competition
- Trade Dress
- Protected Advertising
- License Agreements
Labor & Employment Law
Our attorneys advise employers on a wide range of employment matters, including employee handbooks, employment agreements, confidentiality agreements, wage and hour matters, union avoidance, and general labor and employment law compliance.
When employment claims arise, Newmeyer & Dillion counsels our clients with the goal of early recognition of strengths and weaknesses and resolving claims reasonably, quickly and effectively. We recognize that employers want minimal disruptions to operations and profitability.
Newmeyer & Dillion counsels employers with respect to:
- Maintenance of at-will employment status
- Employee handbooks and personnel policies
- Hiring and background checks
- Performance counseling
- Discipline, demotion, and termination of employees
- Wage and hour issues, including vacation pay and determination of exempt and nonexempt status
- Leaves of absence
- Reductions in force
- Investigation of claimed harassment, discrimination and retaliation
- Protection of confidential and proprietary information and trade secrets
- Maintenance of non-union status
- Collective bargaining and adjustment of grievances
- Labor issues arising from mergers, acquisitions and plant closures
When claims cannot be resolved, our experienced litigators represent employers in arbitration, administrative hearings, mediations, and in court with respect to:
- Breach of employment contract, express and implied
- Wrongful termination
- Wage and hour disputes
- Unemployment insurance claims
- Labor Code Section 132a claims
- Serious and Willful Injury claims
- Misappropriation of proprietary data and trade secrets
Newmeyer & Dillion offers extensive and comprehensive counsel to both public- and private-sector clients on all matters pertaining to the entitlement and zoning of real property for institutional, residential, commercial, office, industrial, and infrastructure projects. The Firm’s areas of expertise cover all aspects of the California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), the Coastal Act, the California Planning and Zoning Law, the Clean Water Act, the state and federal endangered species acts, ballot box planning issues, and the Subdivision Map Act.
The Firm can handle every aspect of the entitlement process:
As a part of its Land Use Practice, Newmeyer & Dillion has extensive expertise in representing wireless telecommunications companies in the siting of wireless facilities throughout the State of California. Our Firm’s expertise includes experience litigating matters of first impression on state and federal law issues for wireless telecommunications companies.
WIRELESS TELECOMMUNICATIONS SITING:
- Assembling and directing cross-disciplinary teams in obtaining conditional use permits for private property sites.
- Providing comprehensive advice to wireless companies on accessing the public rights-of-way and other issues pertaining to statewide public rights-of-way franchise rights.
- Guiding wireless telecommunications companies through the CEQA process and providing advice on matters pertaining to the federal Telecommunications Act of 1996, Public Utilities Code sections 7901 and 7901.1 and the Coastal Act.
- Providing advice regarding rights that inhere from existing conditional use permits, including counsel to wireless companies for ongoing site upgrades and site modifications.
- Negotiating leases.
- Providing in-depth litigation counsel in both federal and state courts on wireless telecommunications sting issues.
Lending & Finance
Newmeyer & Dillion represents borrowers, equity investors and developers in structuring, negotiating, and documenting a wide variety of secured and unsecured financing transactions from inception through modifications and payoff or workout, as well as in litigation concerning these transactions.
- Permanent, construction, bridge, securitized and mezzanine loans for commercial, undeveloped, and residential real estate
- Revolving credit facilities
- Loan participations
- Personal property loans
- Leveraged leases, synthetic leases, and off-balance sheet financings
- Letters of credit
- Modifications, restructurings and workouts
- Foreclosures and deeds-in-lieu
- Secondary marketing of mortgage loans
- Usury and regulatory matters
- Loan purchases, sales, and assumptions
Newmeyer & Dillion litigators also represent clients in related litigation matters, including:
- Judicial and non-judicial foreclosures
- Lender liability matters
- Collections of secured and unsecured loans
- Unlawful detainers
- Chapter 11 reorganizations
- Fraudulent conveyances
- Preferential transfers
Probate litigation creates unique perspectives and challenges to trustees and beneficiaries. Our probate litigators help our clients through all stages of a dispute, from the pre-litigation issues and decisions through to a final resolution. Our focus is on our clients’ true goals in the dispute, and how best to reach those goals.
Our attorneys offer services in probate litigation matters including:
- Disputes over trust administration
- Petitions for instructions
- Claims between co-trustees
- Claims against trustee(s) by beneficiaries
- Trust distribution issues
- Discharge of trusts
Real Estate Litigation
Newmeyer & Dillion represents clients in litigation involving commercial, residential, and industrial properties. We represent real estate developers, investors, public agencies, real estate brokers and agents, mortgage bankers and brokers, property managers, escrow companies, title companies, and trustees, design professionals, and contractors. Clients value the expertise that our attorneys have gained through handling hundreds of real estate litigation matters.
Our representation is primarily in real estate litigation matters arising from transactions and also in day-to-day counseling on general business litigation concerns.
Our attorneys are experts at creating solutions for legal problems that arise during the course of a real estate transaction. We have broad trial and appellate experience in federal and state courts at all levels. Our extensive trial experience enables us to negotiate from a position of strength, and to obtain excellent results for our clients, both in the negotiation process and in the courtroom.
- Contract disputes
- Construction disputes
- Eminent domain
- Environmental/toxic issues
- Financing and security issues
- Insurance coverage analysis and negotiations
- Mechanic's liens
- Property lease disputes
- Unlawful detainer
- Title issues
- Tenant improvements
- Fraudulent conveyances
- Judicial foreclosures on deeds of trust
- Landlord and tenant issues
- Commercial collections
Real Estate Transactions
From initial due diligence through property disposition, lawyers in the Firm’s Real Estate Group handle real estate transactions throughout the United States for public and privately-held residential developers and merchant builders, commercial developers, institutional and private investors, investment advisors, property owners and property management companies. The Firm’s real estate attorneys are particularly valued for their ability to structure complex transactions and achieve successful outcomes in challenging situations.
Transactions handled by the Firm’s Real Estate Group include:
- Acquisitions and sales, including portfolio and asset transactions
- Construction and permanent loans, revolving credit facilities, securitized and participating loans, and mezzanine loans
- Loan workouts and foreclosures
- Land banking
- Retail, office, medical, and industrial leasing
- Ground leasing
- Joint ventures and private equity transactions
- Sale/Leaseback transactions
- 1031 Exchanges
- Infrastructure development and cost-sharing agreements
- Land use diligence and entitlement
- Construction and design contracts
- Military base reuse
Torts & Defamation
Newmeyer & Dillion’s team has over 2000 cases tried in court. If you find yourself or your company facing tortious charges of intentional interference with person/property or negligence, our experienced trial team will resolve this civil litigation. Experienced in Real Estate Law and Property Tort Matters involving:
- Landlord Tenant Disputes
- Adverse Possession
- Title Disputes
We are experienced in trust, estate, and conservatorship litigation and mediation, including appeals. We have represented individuals, charitable organizations, educational institutions, and businesses.
Our comprehensive knowledge helps craft effective solutions to address your estate, trust, or conservatorship needs. We handle pretrial, trial, appellate, and mediation for individuals with substantial assets, frequently establishing trusts besides or in place of a will. Let the Newmeyer & Dillion team handle questioning the validity of trusts with allegations of fraud, duress, undue influence, coercion, lack of capacity, proper trust formation, and diversions.
- Trust contests
- Beneficiary claims
- Trust reformation
- Accounting of trust finances
- Breach of a fiduciary duty
- Trust misappropriation and mismanagement