Business Matters

Tamborelli Law Group regularly and continually represents its clients in the negotiation process prior to the execution of an agreement, the informal dispute resolution process when an agreement is claimed to have been breached by one party, as well as in litigation and trial if the dispute cannot be resolved.

We work closely with you in order to achieve your short-term and long-term goals, including whether to pursue alternative dispute resolution methods.  However at times litigation is the only remaining alternative.

We also assist in modifying internal practices and business policies that could lead, or already have led, to costly litigation. This includes determining early on in the litigation process whether there is an insurance policy that provides coverage for the issues being litigated to obtain the protection, security, and reimbursement to which you are entitled. Our services also include:

• General business guidance and legal advice, including acting as outside “general counsel” for many companies.
• Structuring entities, including corporations, partnerships and limited liability companies, based on liability and operational considerations.
• Corporate finance, including equity and debt financing, venture capital and private placements.
• Commercial finance, representing borrowers and lenders in all varieties of secured and unsecured arrangements.
• Contracts and agreements.
• Joint ventures.

Representative Matters

Represented Design Professional against Developer for non-payment.  Developer claimed contract not signed therefore unenforceable.  Also claimed notified client Design Professional to stop work.  After 3 day court trial, Verdict in favor of Design professional for breach of contract and unjust enrichment as court found parties performed under contract and stop work notice was deficient.  Court awarded costs and interest.  Matter currently on appeal.

Represented financial planner Client in dispute between step children of two elderly parents.  Requested at the outset that a stipulation be executed that client would not reallocate any investments without a court order and would be bound by any court order.  Parties refused.  Obtained judgment in favor of financial planner client including all fees and costs incurred and all management fees lost during the three years of litigation. Successful appeal and ultimate recovery.

Represented a multi-national corporation that had been sued for malicious prosecution. The underlying action involved claims for misappropriation of trade secrets, interference with ongoing business relations, and a multitude of other causes of action against employees who left the corporation and absconded with manufacturing materials and specific processing data.  In response to the malicious prosecution action,  prepared an anti-SLAPP motion under Code of Civil Procedure section 425.16 arguing that the underlying action was not favorably terminated and was brought for cause and without malice.  Also argued that the corporation had an absolute defense of advice of counsel.  The court agreed on each point and granted the motion.  The court also entered a detailed ruling outlining all of the failures of plaintiffs= counsel and awarded our client the right to seek recovery of all attorneys’ fees and costs incurred in litigating the malicious prosecution matter. Motion for fees is currently pending.

Represented lessee of 65 year Ground Lease against property owner on claims for fraud, accounting irregularities, breach of contract etc., based on claims that there was under reporting of base and percentage rent along with improper charges to tenants for common area expenses. Counter sued for various claims including allegations of collusion with public officials concerning the development of adjoining property. After completing directed discovery, filed a motion for summary judgment seeking to adjudicate the claims on behalf of the client.  While the motion was pending, the property owner agreed to settle the matter by providing substantial multi-million dollar payments in exchange for a buy out of the remaining term of the ground lease.

Represented a private residential commercial and residential construction company and two of its owners in claims brought against it and many other similarly situated companies by an insurance carrier who claimed multiple causes of action including Civil Rico, Fraud, Collusion and bribery etc. After completing directed discovery also focusing on a statute of limitations defense, filed a motion for summary judgment seeking to adjudicate the claims on behalf of the client.  While the motion was pending, the insurance carrier owner agreed to accept a minimal sum and enter into a confidential settlement.

Represented foreign manufacturer of novelty motorcycle helmets in an action brought by a plaintiff for serious head trauma resulting from an automobile accident and alleged failure of the helmet.  Prior to having to file a response to the pleading, informally produced manufacturing information and arranged for an informal inspection to show that the helmet in question was not manufactured by the client.  After a limited declaration was supplied obtained a dismissal with prejudice for the client.