Newport Beach California Business Litigation Law Blog

We are pleased to announce that our partner Mark Wilson has been selected for inclusion in the 26^th Edition of The Best Lawyers in America for his work in Commercial Litigation and Litigation - Real Estate.

Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

No one would have a doctor perform brain surgery who had never performed the procedure before. Yet, many clients go to trial with lawyers who have little or no trial experience. Often, clients simply assume their lawyers have trial experience and do not bother to ask. That is a mistake. As with everything else, lawyers get better at handling trials by having practice. Generally, the more trials a lawyer has, the better he or she will do trying your case. At trial, many split second decisions must be made. Should I object? What is the proper objection? Should I ask a particular question? Should I move to strike the answer? These decisions must be made in the blink of an eye or the opportunity is lost. Inexperienced lawyers are often confused by the speed of trial. But experienced lawyers act on instinct which is developed through a long history of trying cases. If you think your case is going to trial, make sure to ask your attorney how many trials he or she has taken to verdict. Otherwise, when the day of trial comes, you may find that your attorney is being run around in circles by a more experienced trial lawyer.

To compete in the modern marketplace, a business needs to offer something unique or do it better than others. Being able to offer a similar product or service at a lower price is also a great way to remain competitive. There has to be something that sets your company apart for you to secure and retain clients or customers.

To give your business an edge, you have likely created special recipes, formulas, processes or practices that are unique to your business. Those special practices, services, recipes or knowledge are part of your company's trade secrets.

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.