Litigation Practice Group

Litigation is one of Garcia Rainey Blank & Bowerbank, LLP’s flagship practice areas.  The majority of our attorneys are litigators who have aggressively prosecuted and defended cases in state, federal, and appellate courts in the United States and abroad.  We have also represented our clients before arbitration panels and other types of administrative tribunals across the nation.

Our attorneys are highly-skilled and capable of litigating a wide variety of complex matters, including business torts, class actions and mass torts, trademark infringement disputes, and financial institution liability disputes.   

Strategy:  For each case, we conduct a comprehensive legal and factual analysis to ensure that the best litigation strategy is carried out.  We proactively resolve each case in an extremely expeditious, cost-effective manner.  Beginning with the first day of our involvement in a litigation case, we shape the dispute with trial in the forefront of our minds.  This allows us to gain leverage over our adversaries and place our client in the best position to prevail in the dispute.

Personal Attention:  Every case is staffed with at least one partner who is in charge of your matter, who will stay in close communication with you to make sure all of your needs are addressed.  As part of our personal attention to detail not possible at larger firms, we are able to avoid overstaffing, rotating attorneys and multiple attendees at meetings, depositions, hearings and court appearances.  We pride ourselves on thinking outside of the box and working together as a team to develop creative solutions to client problems.

Types of Matters:  Our Litigation Practice Group handles a wide array of litigation matters from highly complex class actions to critical yet less intricate partnership disputes.  Our attorneys regularly represent clients in motion and arbitration hearings in state and federal court.  Some of our attorneys take on smaller matters under certain circumstances, as part of our commitment to responding to ALL of our clients’ needs, large and small.  We represent clients in all forms of contested proceedings, including trials, arbitrations, and court hearings.

Results:  We position our clients to win with swift, efficient and aggressive motion practice and alternative dispute resolution tools.  In fact, we encourage our clients to explore alternative dispute resolution when appropriate and economical.  If trial is required, our firm has outstanding trial capabilities.  In addition, we possess barrister and solicitor advocacy capabilities throughout the UK, Europe and Asia.

Litigation Avoidance:  Our Litigation Practice Group also provides business counseling and conducts corporate compliance programs, seminars, and other educational offerings.  We assist clients in assessing potential risks and legal exposures before disputes occur.  These services allow clients to evaluate, manage, and prevent situations that might result in costly litigation.

Resources:  We regularly utilize a great litigation and trial support team and trusted service providers who provide dedicated high quality assistance with respect to electronic discovery, document control, and trial coordination.  We are adept at using the latest document management and review systems including Relativity. 

Representative Litigation Matters Handled By Our Attorneys: 

Judgments/Arbitration Awards:

• Disgorged millions of dollars from culprits operating a Ponzi scheme that defrauded thousands of investors out of tens of millions of dollar through the successful representation of federal receivers in high profile Securities and Exchange Commission enforcement actions.
• Obtained a major multi-million dollar arbitration award on behalf of insurance brokers forced out of a self-insured group; the large damage award was made possible after persuading the panel of three arbitrators to adopt gross commissions, and not lost profits, as the proper measure of damages.
• Obtained a judgment valued in excess of $7,000,000 on behalf of a client involved in a real estate development project.
• Obtained a major victory in an arbitration case before the International Chamber of Commerce International Court of Arbitrators, securing an arbitration award in excess of a million dollars from the panel of three arbitrators on a breach of contract claim asserted on behalf of a Hong Kong based manufacturer of cell phones and cell phone equipment.
• Successfully asserted extraterritorial jurisdiction and international comity defenses in two related class actions brought under the Consumer Legal Remedies Act, obtaining summary judgment in both matters on behalf of an international telecommunications company.
• Obtained a defense judgment for a publicly traded company in Orange County sued by a European company in a breach of contract and fraud case where the plaintiff alleged that the publicly traded company had failed to pay royalties under a license agreement.
• Obtained the dismissal of three separate lawsuits brought against a high profile client who was the target of three lawsuits, including claims brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) related to a complex international business transaction.
• Successfully obtained numerous judgments for a leading factoring company in commercial disputes.

Successful Appeals:

• Created new law by persuading an appellate court to hold that class-wide rescission is not available under the Truth In Lending Act.
• Obtained an order striking an entire Cross-Complaint after persuading the Appellate Court that the allegations in the Cross-Complaint arose from activity involving the exercise of free speech rights and are therefore barred by California’s anti-SLAPP statute.

High-Profile Cases:

• Currently representing a public utilities corporation in a multi-billion dollar commercial dispute concerning the San Onofre nuclear power plant.
• Obtained a one-year $7 million contract for Colorado Rockies’ third baseman Garrett Atkins through the baseball arbitration process.
• Reached very favorable settlement for a Latin American celebrity in a breach of contract/defamation lawsuit, which resulted in the client obtaining a public apology and additional paid performances.
• Represented the City of Anaheim in the high profile litigation with the Los Angeles Angels of Anaheim concerning the team’s name change.
• Authored the critical briefs in the published case (Cottonwood Christian Center v. City of Cypress (C.D. Cal. 2002) 218 F.Supp.2d 1203) in which Cottonwood Christian Center successfully obtained a preliminary injunction against the City of Cypress which was trying to take Cottonwood’s land.
• Represented numerous Latin American celebrities in high profile cases involving defamation and complex contractual breach issues.