Business and Commercial Litigation

ADA Compliance & Defense

Klinedinst’s ADA Compliance and Defense attorneys regularly defend and successfully resolve accessibility claims brought against our clients under the Americans with Disabilities Act (ADA), the Unruh Civil Rights Act, and other federal and state anti-discrimination statutes. Our attorneys are well-versed in defending against physical access/barrier claims in both state and federal courts and know how to maximize the legal protections available to clients already in compliance with federal and state accessibility laws or clients willing to take swift action to ensure compliance.

Klinedinst recognizes that a pro-active approach can eliminate or significantly reduce future litigation expenditures so that our clients can focus on growing and succeeding in their businesses. Our attorneys work closely with clients and accessibility experts to craft legally compliant policies and procedures and ensure that future allegations of inaccessibility are avoided to the maximum extent possible.

Klinedinst’s attorneys are also experienced in defending against more nuanced and complex accessibility claims alleging denial of meaningful access to recreational activities, sporting events, business services, and websites. Such claims often involve cutting edge legal issues, defenses, and questions of first impression. Klinedinst’s ADA Compliance and Defense Group has the skill set and experience to not only tackle these new and evolving issues, but help you defend and protect your business. Representative actions that Klinedinst attorneys have litigated or are currently litigating include:

• Defending against allegations of discrimination and inaccessibility as to online ticket sales for sporting events;
• Defending against allegations of website accessibility violations against a private, internet-only business;
• Defending against allegations of physical inaccessibility in violation of the ADA and California law with respect to businesses’ ramps, parking, and signage; and,
• Defending against allegations of discrimination and failure to ensure effective communication to customers and consumers with hearing impairments.

Bank and Credit Union

Members of Klinedinst’s Bank and Credit Union practice group provide counsel to a broad spectrum of clients in the financial services industry. We are experienced in representing banks, credit unions, lenders (including third-party lenders), and other financial institutions.

As part of this practice, we counsel clients on a variety of lending matters, including commercial lending, real estate, and asset-based lending. We also defend the rights of clients in a wide array of commercial matters including wrongful foreclosure and failure to disclose litigation. Our practice group also defends financial institutions in creditors’ rights litigation involving discrimination, failure to disclose, sub-prime issues, trustee/trustor disputes, and improper lending.

Despite intense and increased scrutiny by regulatory agencies, financial institutions are often the subject of lawsuits involving predatory or unfair business practices. Klinedinst attorneys are skilled at defending against lawsuits alleging violations of the California Commercial Code, UCC (Primarily Article 3 and 4), FDCPA (Federal Debt Collection Practices Act), Regulation Z, and the Auto Sales and Financing Act.

Our representation of our clients is not limited to state and federal court, but also extends to representation before various regulatory agencies. The firm’s experience in working with regulatory bodies is also useful, particularly in cases brought by the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency, the Office of Thrift Supervision, the California Department of Corporations, and other banking industry regulators.

Class Actions

Class action litigation is high stakes and often involves “bet the company” decisions by the businesses and decision makers facing such litigation. Klinedinst’s Class Actions group understands this, and has substantial experience in navigating clients through the complexities of class action litigation.

Class actions are some of the most complex lawsuits to handle, often due to the sheer volume of information which must be collected, organized, and utilized in the defense of such matters. Each class action case is unique, often involving multiple parties such as shareholders, consumers, retailers, insurers, and suppliers, and frequently with long-term strategic consequences to the affected businesses. Our attorneys employ proactive and strategic defenses to assist their clients in defeating class claims.

In some cases, resolution of the litigation on a class wide basis may be in the client’s best interests. When a client makes this strategic decision, Klinedinst attorneys are able to craft settlements that protect their clients’ long-term business and litigation interests.

Klinedinst has represented clients in class action litigation on the following legal matters:

• Product Liability/Consumer Products
• Medical Device
• Employment/Wage and Hour Cases
• Fair Debt Collection Practices Act/Rosenthal Act
• Telephone Consumer Protection Act
• Consumer Legal Remedies Act
• Utility Pricing/Rate Disputes
• Special Education
• Disability Access

We stand ready to defend our business and commercial clients in a wide range of class action matters, as well as multi-district and coordinated litigation. Our attorneys have served as lead defense counsel in class actions filed in state and federal courts throughout the country. Klinedinst also has served as monitoring and/or coordinating counsel in coordinated proceedings in California state courts, and in multi-district litigation throughout the United States.

Directors and Officers

In the current economic climate, the decisions made by directors and officers are second-guessed and challenged much more frequently. This has resulted in an increase of claims of fraud and breach of fiduciary duty against decision makers by shareholders, employees, and members of associations. Klinedinst’s Directors and Officers practice group has substantial experience representing both elected and appointed directors and officers against these types of lawsuits.

Klinedinst has decades of experience in D&O litigation ranging from defense of class action investor and shareholder derivative actions to traditional breach of contract, fiduciary and commercial matters. In addition to defending commercial directors and officers, our attorneys represent non-profit organizations, such as sports associations, civic institutions, environmental groups, homeowners associations, and charitable organizations. In defending and advancing our clients’ interests, our attorneys are sensitive to the reputation and confidentiality concerns of our clients, as well the unique tactical and legal issues that arise in the defense of such claims.

Fidelity and Surety

Klinedinst attorneys in our Fidelity and Surety group investigate, negotiate and litigate matters involving surety bonds. We handle both public and private sector bond claims, including claims and litigation involving performance bonds, payment bonds (including Miller Act Bonds), bid bonds and contractor license bonds.

Our attorneys represent clients to enforce common law and contractual rights of exoneration and indemnification. We also defend claims against sureties, and prosecute claims against third parties to recover funds for the surety. Our attorneys’ extensive legal experience is enhanced by the firm’s in-depth knowledge of the building and construction trades. Klinedinst’s goal is to minimize the loss and expense to our clients by successfully guiding our clients through the various stages of surety law including negotiations, claims and litigation.

Klinedinst attorneys also handle matters involving fidelity bonds. These cases involve bonds on behalf of various businesses, including financial institutions, which provide coverage for employee fraud and dishonesty. These cases include forgery (including check forgery), embezzlement, closed bank/savings and loan litigation, and lending losses.

International

Members of Klinedinst’s International Law group have substantial experience and success in both business and litigation cases spanning beyond the borders of the United States. To provide such a global service, several Klinedinst attorneys are fluent in foreign languages such as Spanish, German, Mandarin, French, and Japanese. Also key to the International law practice group’s success is our attorneys’ familiarity and knowledge with foreign governments and many countries’ customs and business practices.

Our team of attorneys has earned an outstanding reputation by providing only the highest quality of legal services with the best interests of our clients, achieving tremendous success for clients in the following areas:

Business

Klinedinst represents both new and emerging companies as well as established, international companies ranging from the high-technology and bio-technology industries, to real estate, financial services, software and internet industries, and retail. Our services include:

• Mergers, Acquisitions & Joint Ventures
• Import & Export Sales and Credit Transactions
• Employment Compliance

International Litigation

Klinedinst is the leading California litigation firm in both international and domestic business law. Through our affiliation with Lawyers Associated Worldwide, we’re able to provide responsive and effective representation to clients on a global scale. Our attorneys have successfully handled all areas of business operations in providing sound legal services in:

• Mercantile Litigation
• Bankruptcy
• Injury and Personal Product Liability Defense

Public Entity

The attorneys in the Public Entity Defense group have experience in defending government and public entities in a wide range of claims and lawsuits involving issues such as civil rights, dangerous conditions to public property, and general liability. Combining knowledge of the Tort Claims Act and other matters peculiar to public entity law with their excellent litigation skills, our attorneys are equipped to help a public entity defend against such claims, while appreciating the entity’s concern for the increased attention and discretion that often accompanies these types of public cases.

For example, our experience with the Brown Act allows our attorneys to work with governing boards and other leaders in planning a defense and developing a strategy for meeting the public’s desire for information about the claim at issue. In addition, our attorneys work with appropriate administrators when responding to Public Records Act requests to ensure compliance with the requests, while protecting the entity’s interests in the litigation.

School representation has been a significant focus of our firm’s experience. Klinedinst attorneys have provided advice and counsel to school board members, superintendents, administrators, risk managers, teachers and other school employees in a variety of cases involving student injuries, inadequacy of supervision, alleged sexual misconduct by teachers and administrators, and other areas.

For more information, please contact one of our experienced attorneys that make up our Public Entity Defense group.

Sports, Entertainment, and Media

The attorneys in our Sports, Entertainment, and Media practice group act as counsel for professional sports franchises, NCAA, university, NIL, and college athlete needs, studios, streamers, artists, advertising and digital content agencies, influencers, tech and social media companies, entertainment and film financing, investment banking, real estate, composers, recording artists, record producers, managers, agents, directors, writers and producers of motion pictures, television series and music industry needs.

Our attorneys provide counsel to entertainment marketing companies, sports agents and managers, as well as professional athletes.  Our transactional practice group covers transactional services including drafting and negotiating contracts, dealmaking, intellectual property, licensing, labor, employment, collective bargaining for sports and entertainment industry unions and more.

Klinedinst offers a wide variety of services to our sports, entertainment, and media clients, proactively advising on business strategy, transactional and corporate matters, business litigation, employment matters, negotiations, and stadium and venue personal injury litigation. In non-litigation matters, we advise our clients regarding business formation, intellectual property and proprietary rights, insurance matters, and dispute resolution.

We represent our clients in a wide variety of matters, including negotiations of celebrity endorsements, special television appearances, music and content distribution including royalty issues, as well as sponsorships and endorsements of high-profile sporting events and performances. Our attorneys also assist in negotiating and drafting contracts for clients regarding all aspects of their business transactions, and counseling clients on protecting their intellectual property.

Our attorneys also represent entertainment clients in a wide variety of litigation matters. For instance, we have represented directors, producers and production companies, including multi-million dollar lawsuits involving stunt mishaps and other injuries sustained on a movie set, as well as allegations of misappropriation of likeness and copyright infringement.

We assist our clients in all facets of sports, entertainment, and media law, whether our client is an actor, vocalist, musician, athlete, manager, agent, producer, director, owner, executive, studio, franchise, or production company.

Learn more about our experience in Sports, Entertainment, and Media law by contacting one of our experienced attorneys.

Employment Litigation

The Klinedinst Employment Litigation group provides its clients with vigorous representation in the place where stakes are the highest: the courtroom.

With a full array of legal services in varied employment topics and issues, our attorneys are experienced representing clients before governmental agencies, including the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing, the California Division of Labor Standard’s Labor Commissioner Office, as well as State and Federal courts, including through appeals.

Klinedinst also has extensive experience representing employers in class action lawsuits brought in State and Federal Court.  Because class actions can bring significant risks, our objectives are to quickly analyze potential exposure and develop a strategy with the client to win or to expeditiously resolve claims.

Recognized for their extensive and successful track record defending employers, our attorneys have extensive experience in all facets of employment litigation, including:

• Arbitrations
• Wage and Hour Claims
• Discrimination and Harassment Claims
• Unfair Competition and Trade Secrets
• Whistleblower and Retaliation Claims
• Classification of Employees
• Independent Contractor/Misclassification Counseling and Disputes
• Hiring, Performance Management and Termination
• Leaves of Absences and Disability Assessments and Claims
• Class Actions
• PAGA Claims
• Background Checks and Investigation of Employees
• Fair Credit Reporting Act Claims

Each of Klinedinst’s attorneys is dedicated to building long-standing relationships with every client and becoming a proactive business partner. We invite you to contact our employment team, and discover how our attorneys can solve your employment litigation and counseling needs.