Business and Commercial Litigation

Wulfsberg Reese Colvig & Firstman maintains a full-service business and commercial litigation practice encompassing a broad spectrum of practice areas.  Combined with our expertise in related areas of practice, we have the experience and resources to handle commercial litigation in almost every form.  Members of our litigation team manage business lawsuits in size ranging from simple contract disputes involving less than $100,000, to large-scale litigation involving complex factual and legal issues, hundreds of thousands of documents, and damage claims in hundreds of millions of dollars.

We have represented clients in an extensive array of business and commercial litigation matters.  We are experienced in every step of the litigation process:  from the inception of a dispute and commencement of litigation, through fact investigation, discovery and pretrial motions, through preparation for trial and trial itself, through the prosecution or defense of an appeal.  While we are effective advocates in court, we always explore and discuss with our clients less-costly alternatives to litigation, such as mediation, arbitration, or the use of private judges.  Our reputation of success in court is an asset to our clients in negotiated resolutions of disputes.

We regularly handle commercial litigation cases throughout the State of California, in both state and federal courts.

Following are representative examples from our business and commercial litigation practice:

Commercial / Contract Litigation

Wulfsberg Reese Colvig & Firstman has represented clients in a wide variety of contract disputes.  We have represented clients in matters involving the sale of goods and the application of Article 2 of the Uniform Commercial Code, distributorship or marketing agreements, franchise agreements, factoring arrangements, agreements for the sale of assets, Article 9 security agreements, equipment leases, and other financing transactions.

We represented a California Central Valley City and its Redevelopment Agency in a $20 Million claim asserted by a terminated developer for a major downtown redevelopment project.  The developer failed to file a pre-suit Government Code claim, and alleged that such a requirement did not apply to breach of contract claims.  The City and Agency prevailed at the Court of Appeal and in the California Supreme Court resulting in a published decision clarifying that the California Government Code claims requirements apply to contract claims, in addition to tort claims.  (City of Stockton v. Superior Court of Sacramento County (Civic Partners Stockton LLC), 42 Cal.4th 730 (2007).)

In a matter involving business, real estate, environmental, and litigation, we represented a major Northern California City and its Community Redevelopment Agency in negotiations and litigation with diverse parties to bring about the redevelopment of a contaminated 62-acre former industrial site. We prevailed at trial in the Federal District Court, obtaining a $39 million decision upholding the Agency's positions, a for cause removal of the opposing federal court-appointed Special Master, and orders of disgorgement and attorneys’ fees against him, which was upheld in a Ninth Circuit published decision.  (Cordoza v. Pacific States Steel Corp., 320 F.3d 989 (9th Cir. (Cal.) 2003).)

We represent a California local public entity in contract litigation, filed in federal court, stemming from a buyout agreement involving a fiber-optic cable TV and internet system and alleged damages close to $10 Million.

We represent a major Northern California City in a series of ongoing federal and state court lawsuits concerning disputes over emergency paramedic service, emergency ambulance service, and emergency medical 9-1-1 service.  Several of the lawsuits present important legal issues of first impression in California.

We represented a major Northern California airport in defending litigation by the aviation fueler, raising unique contract and statutory issues, as well as relevant Federal Aviation Authority regulation of federal grant assurances. The stakes included millions of dollars of fuel flowage fees and major impacts on federal grants to the airport. The Firm defeated a case dispositive motion for preliminary injunction, resulting in a dismissal of the case with prejudice in our client’s favor.

We defended a well-known winemaker in an oral contract dispute arising from the development of a Sonoma County vineyard.  We handled the litigation through discovery and pretrial motions, culminating in a jury trial.  The case settled favorably after we presented our client’s case in chief.

Business Tort Litigation

Wulfsberg Reese Colvig & Firstman is often involved in litigation in the ever-expanding area of business tort claims.  We have handled cases involving claims of business interference, fraud and negligent misrepresentation, emotional distress, breach of the covenant of good faith and fair dealing, unfair competition, state and federal antitrust violations, theft of trade secrets, and employee raiding.

We represented a large construction supply company in a complex dispute concerning trade secrets violations and the enforcement of a contractual non-compete provision under Nevada law.  We were able to settle the case during mediation, resulting in a substantial recovery for our client, while also obtaining insurance coverage which defrayed most of the attorneys' fees and costs incurred in the case.

We successfully defended the homeowners' association of a large planned unit development against business interference and fraud claims brought by a real estate sales and rental agency. Following a sucessful summary judgment, the plaintiff's claims were dismissed and our client was awarded in excess of $700,000 in back rent and deeded clear title to the disputed property.

Real Estate Litigation

Wulfsberg Reese Colvig & Firstman have handled cases involving real estate disputes of all kinds, including those involving the purchase and sale of commercial real estate, enforcement of security interests, foreclosures, workout agreements involving real property security, partition actions, cases involving prescriptive easements, ground leases, representation of homeowners’ associations, and disputes involving land-use issues.

We prevailed in defending a major shopping center developer against claims brought by the center’s ground lessor, alleging breach of the ground lease and fraud based on a claimed underpayment of rent spanning a 25-year period.  After a judgment in our client’s favor on all claims, we were successful in obtaining an award of over $2 Million for complete reimbursement of our client’s outside legal fees.

Disputes Involving Commercial Tenancies

Representing several owners and developers of commercial real estate, Wulfsberg Reese Colvig & Firstman has gained broad experience in handling landlord/tenant disputes, including lease negotiations, workouts, and eviction actions, in both state courts and bankruptcy court.  With the assistance of experienced associates and paralegals, we are capable of handling evictions and other proceedings quickly and cost-effectively.

We represented a major Bay Area airport in complex contract litigation with a major tenant.  The favorable result also included recovery of $125,000 in attorneys' fees for our client.

Overcoming a series of procedural obstacles raised by the tenant, we prosecuted default and eviction proceedings against the operator of a restaurant chain and, through arbitration, obtained a judgment against the tenant for over $3 Million in past-due rent, taxes, and repair costs.

We represented a major national shopping center developer in a rent dispute with a tenant who recently emerged from bankruptcy.

We have handled multiple landlord/tenant disputes for a large West Coast real estate developer, involving several office/retail complexes, warehouses, and other commercial facilities.

Securities Disputes 

Wulfsberg Reese Colvig & Firstman have handled matters involving state and federal securities laws, including defense of securities fraud suits.

We defended a major financial institution in its role as a trustee under a depositary trust agreement involving a “basket” of publicly-traded stocks.  In response to a federal class action suit by issuers of the included stock alleging claims under the federal securities laws and SEC regulations, we filed and won a motion to dismiss the claims that ended the litigation.

In a pending federal court matter, we are counsel to a California local public entity defending federal and state securities fraud claims, including claims under Rule 10b-5, brought by purchasers of $33 Million in revenue anticipation notes issued in connection with the development of a telecom system.

Financial Institutions 

Wulfsberg Reese Colvig & Firstman’s commercial litigation department has for many years represented banks and other financial institutions throughout California and the United States.

We have represented financial institutions in almost every species of banking-related litigation, including actions involving commercial loans, security interests in both real and personal property, bank operations disputes, consumer credit issues, claims for lender liability, the performance and enforcement of factoring agreements and other asset-based financing matters, letters of credit, intercreditor agreements, bankruptcy, attachments, and collection of judgments.  We have defended financial institutions in cases involving wrongful employment termination and discrimination, and have advised clients on dealing with actual or suspected employee dishonesty.

We represent banking clients in disputes involving bank operations, including returned checks, unauthorized signatures, forged endorsements, wire transfers, international banking transactions, disputed account ownership, trust accounts, closed accounts and wrongful check dishonor claims, inter-bank check collection disputes, credit cards, customer privacy rights, and responding to criminal investigations involving  customer accounts.  We have represented financial institutions nationwide in dealing with consumer credit problems in a variety of areas.

Employment Litigation

Wulfsberg Reese Colvig & Firstman has represented its clients in various forms of employment litigation, an area of ever-increasing concern for businesses of any type.  Our work has included the defense of wrongful employment termination claims, employment contract disputes, and claims of discrimination and sexual harassment.  We are familiar with the Americans with Disabilities Act and the growing body of case law through which it has been interpreted and implemented.

Bankruptcy

Wulfsberg Reese Colvig & Firstman represents its clients in bankruptcy proceedings, primarily as creditors.  We have represented clients in fraudulent conveyance proceedings, preference actions, enforcement of reorganization plans, relief from stay motions, claims preparation and filing, adversary proceedings, and similar insolvency-related matters.

We served as counsel for one of two major secured creditors, holding over $130 Million in secured debt, in the bankruptcy of a construction firm with revenues of over $1 Billion.

In defending against a fraudulent transfer action by the issuing bank and bankruptcy trustee to recover $2 Million, we successfully represented the sellers of a closely held business who drew on a letter of credit securing the purchase price.   This resulted in a published appellate decision upholding our client’s position and the independent source rule for proceeds from a letter of credit.