Klein & Wilson

Newport Beach California Business Litigation Law Blog

California Appellate Court Issues Important Ethical Opinion Regarding Lawyers Representing Harassment Victims

If you represent a victim of someone who suffered harassment in the workplace, can you contact another employee victim to get evidence? In Doe v. Superior Court (2019) Westlaw 2480029 (no official cite available yet) the Court of Appeal, Fourth District, Div. 1 answered this question "yes."

In her complaint, plaintiff victim alleged that another employee, "Andrea," was also a victim of Southwestern College's abusive conduct. Plaintiff's counsel noticed Andrea's deposition. Defense counsel told plaintiff's counsel that Andrea remained employed by the college and was entitled to representation and defense counsel was in the process of securing conflict counsel for her. The next day, plaintiff's counsel informed defense counsel that he now represented Andrea. The college cried foul and said plaintiff's counsel violated California Rule of Professional Conduct, rule 4.2 by communicating with Andrea. That rule prohibits lawyers from communicating with witnesses who are represented by counsel and current employees of a represented organization if the subject of the communication is any act or omission of that person which may bind the organization.

DIY Network Celebrity Dismisses $16 Million Case After Klein & Wilson Knocks Out His Damages Expert

A DIY Network celebrity accused Klein & Wilson's client of violating Civil Code section 3344 by using his image without authorization to sell products. The celebrity's expert opined that the celebrity's damages were not less than $16 million, representing all the sales Klein & Wilson's client made during the period at issue. Klein & Wilson filed a motion (which the court heard right before picking a jury) asking the court to exclude the expert because his testimony was based on inaccurate assumptions instead of reliable data. The court granted the motion, gutting plaintiff's case. Recognizing an adverse jury verdict was inevitable, plaintiff dismissed the case just as the court was calling prospective jurors to the courtroom. 

Is mediation the answer to your professional dispute?

Are you stuck in the middle of a business dispute with a partner, shareholder or customer? Do you have concerns about working things out without going to court?

There are times when litigation is the only answer to your problem, but you shouldn't go down this path until you have to. There are a variety of alternative dispute resolutions to consider, with mediation one of the best.

Be Careful in Becoming a Minority Shareholder in a Corporation or Minority Member in a Limited Liability Company

While two percentage points may seem like a very small difference in power in running a company, those two percentage points can make all the difference in the world. Under the law, there is an immense difference between being a 51 percent owner and a 49 percent owner. Unless there is a shareholder agreement or an operating agreement that protects the rights of minority interests, a minority owner has few legal rights. 

When someone violates their fiduciary duty to you as an investor

Investors are part of what makes American capitalism succeed. Those who have assets can choose to invest their capital in someone else's plan or idea. This helps fund innovation and provides potential income for those who invest.

When you invest capital in a business, you expect that the company will abide by the business plan and repay your investment. As the business succeeds, you could receive regular income as a shareholder.

Causes of contract disputes and how to resolve them

Business to business contracts are established to ensure that everyone is on the same page, and to protect the interests of both sides. When written well, they help to prevent disputes from arising in the first place, because they are clear on the consequences of certain actions, and they leave nothing to interpretation.

However, no matter how well a business to business contract is written, there is still a small possibility of a dispute. This is why it is important that you understand how disputes tend to arise so that you can more easily address the underlying issues to make a resolution. The following are some of the most common causes of contract disputes, and some suggestions on how these disputes can be resolved.

California Super Lawyers® 2019: Gerald Klein and Mark Wilson

Each year, Super Lawyers® recognizes the top lawyers in Southern California via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Southern California lawyers who receive the highest point totals during this selection process are recognized in Southern California Super Lawyers® Top Lists.

Klein & Wilson is honored to announce that Gerald A. Klein and Mark B. Wilson have been listed in both the 2019 Super Lawyers® Top 50 Orange County List and the 2019 Super Lawyers® Top 100 Southern California List.

Gerald Klein and Mark Wilson have been selected to the California Super Lawyers® list for the last 15 years.

Lawyers - Do You Want to Do Business With Your Client? Read This First!

Some lawyers think the California Rules Of Professional Conduct prohibit them from doing business with clients. However, lawyers are free to engage in business transactions with clients if they follow three simple rules set forth in California Rule of Professional Conduct, rule 1.8.1:

1. the business transaction must be fair and reasonable;

2. the client must be represented in the transaction by independent counsel chosen by the client, or the client must be advised in writing to seek the advice of an independent lawyer of the client's choice and is given a reasonable opportunity to seek that advice; and

3. the client must provide informed written consent to the terms of the transaction and the lawyer's role in it.

Does Stormy Daniels Have a Legal Malpractice Action against Michael Avenatti?

If Stormy Daniels' allegations about Michael Avenatti's representation are true, then Daniels likely has a legal malpractice action against Avenatti, and he could face California State Bar discipline.

Even though Michael Avenatti represented Stormy Daniels in cases outside California, Avenatti is subject to the California Rules of Professional Conduct. See California Rules of Professional Conduct (CRPC), rule 8.5(a) ["A lawyer admitted to practice in California is subject to the disciplinary authority of California, regardless of where the lawyer's conduct occurs."].

  1. RATED BY | Super Lawyers | Top 100 | Southern California | SuperLawyers.com
  2. Avvo Rating | 10.0 | SUperb | Top Attorney Litigation
  3. PREEMINENT AV | Martindale-Hubbell | PeerReviewRated
  4. RATED BY | Super Lawyers | Top 50 | Orange County | SuperLawyers.com
  5. Best Lawyers | BEST LAW FIRMS | U.S.NEWS | 2018
  6. KLEIN & WILSON | RECOGNIZED BY | Best Lawyers | 2019
  7. AMERICA'S TOP 100 | TOP 100 | ATTORNEYS
  8. The AMERICAN LAWYER
  9. AVVO Client's Choice | Award 2017
  10. OCTLA | Orange County | Trial Lawyers Association | Trial Lawyer Of The Year
  11. The National Trial Lawyers | Top 40 Under 40

Contact Our Attorneys Today

Please call the law office at 949-478-0521 or fill out the form below to arrange a consultation with a lawyer.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get Started

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

Phone: 949-478-0521
Fax: 949-631-3703
Newport Beach Law Office Map

Map
Firm Office