Practices
Commercial Litigation
Antitrust, White Collar Defense and Counseling
International and Internal Investigations and Litigation for Trustees and Corporations
Class Action Defense
Intellectual Property Litigation
Transactional Real Estate
Real Estate Litigation
Franchise and Distribution
eDiscovery
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Commercial Litigation
BartkoZankel has achieved excellent results for Fortune 500 companies, entrepreneurs, and major law firm clients in significant commercial and business litigation cases, in state and federal court venues both in California and nationally. The firm has established a track record of creating and putting into effect novel litigation strategies and structures, both for achieving rapid, significant recoveries and to effectively integrate civil, regulatory and criminal ramifications of complex litigation matters.
Antitrust, White Collar Defense and Counseling
Increasingly, corporations and executives find their business decisions and operations the subject of criminal and regulatory investigations and enforcement actions. BartkoZankel has more than 40 years of experience in antitrust litigation, investigation and counseling. In 2010, the firm successfully defended a company in a two-month civil jury trial against claims of bid rigging, tying, exclusive dealing, monopolization and attempted monopolization, commercial bribery and interference with contractual relations. Not long before, we defended at trial a senior executive indicted as a party to an international conspiracy to fix prices. More recently, we were able to avoid criminal prosecution for a foreign executive who had been “carved out” and made a “target” of an international price-fixing investigation. Whether we go to trial, settle or just make the problem go away, what matters is obtaining the best results for our clients. The areas of inquiry we have handled range from antitrust to finance, environmental and regulatory compliance, foreign corrupt practices act (FCPA), tax, SEC, and racketeering. BartkoZankel has successfully represented clients in such investigations and trials for more than four decades.
International and Internal Investigations and Litigation for Trustees and Corporations
BartkoZankel’s international practice has included the successful representation of the world’s largest retailer in arbitration arising from expansion into Asia, as well as representation of former Presidents of Korea and the Philippines in US criminal and civil proceedings. We recently successfully defended corporate executives at trial and in criminal investigations arising from DOJ international investigations. We have made pioneering efforts in obtaining judicial assistance and discovery in Hong Kong, Japan, Switzerland, the Philippines and Korea. Bet-the-company litigation is BartkoZankel’s specialty defensively and offensively. We have led many high stakes investigations followed by litigation to recover assets, including a $108 million verdict against a New York investment bank, a suit against a nationally recognized law firm that settled for $14 million, a $30 million recovery for creditors of the nation’s largest agricultural cooperative, and $130 million in a series of actions against accountants, attorneys, banks and promoters brought for the victims of a Ponzi scheme. Our experienced eDiscovery practice group created the investigative database which permitted the review of a 112 year old international law firm’s records, which has already resulted in significant recoveries.
Class Action Defense
Defending and defeating class actions is crucial to today’s business. At BartkoZankel, we have successfully defended numerous class actions on behalf of our clients, winning motions to compel individual arbitration and defeating motions for class certification. Our lawyers are also among the few who have tried a class action jury case, obtaining a defense verdict for our client. Our mix of substantive and procedural legal expertise and trial skills make for a winning combination.
Intellectual Property Litigation
BarktoZankel attorneys win outstanding results for their clients in the diverse areas of intellectual property and technology litigation. We have successfully tried high stakes technology cases to juries, judges and arbitrators, and have also achieved top value settlements. Unlike the classic big firm “litigators,” our depth of substantive and technical understanding, experience in handling complex litigation, and willingness to take cases to trial ensure the best possible protection of our clients’ legal interests.
Transactional Real Estate
BartkoZankel’s Transactional Real Estate group handles the full range of real estate matters, including leasing, acquisitions and financing. We have one of the strongest retail leasing practice groups in the country, representing major national retail tenants throughout the United States. Our retail services cover every facet of the retail real estate industry, including the negotiation of retail leases and lease-related documents for stores; the drafting of purchase, development and construction agreements for corporate headquarters and distribution centers; title and environmental analysis; and retail lease dispute resolution of issues such as co-tenancy, pass-through expenses, and construction defects. Our attorneys also have extensive experience with real estate financing, industrial, office and ground leasing, real property acquisitions, commercial and industrial construction projects, architecture contracts, reciprocal easement agreements, and operating expense analysis.
Real Estate Litigation
BartkoZankel’s real estate experience goes back to its roots. We have long represented owners, lease holders, multi-national tenants, developers, lenders and syndicators at litigation and at trial. The disputes we have successfully resolved span the industry and include litigation concerning contracts, leases and land use, as well as disputes involving government and environmental regulation.
Franchise and Distribution
BartkoZankel’s franchise lawyers are California State Bar certified specialists in franchise and distribution law with over 40 years of experience. They have successfully tried franchise disputes before judges, juries, and arbitrators, giving them a solid foundation for their advice and counseling grounded in the real world prevention and settlement of business disputes. Offering a full range of services, they can provide the advice and documentation needed to set up a nationwide franchise program, or provide expertise in international franchising.
eDiscovery
Electronically Stored Information (ESI) continues to grow at increasing rates. Discovery can now easily contain millions of pieces of information from new and evolving electronic sources (Social Media, Smartphones) that have not been part of discovery in the past. A sure and trial tested guide has become a necessity in traversing the forest of Electronic Discovery.