California Business Litigation

By William N. Hebert and Peter L. Vestal
Publisher: ALM

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2017 Edition
ISBN: 9781628812442
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Product description

Extensive New Resource for Litigation and Transactional Work. Includes Forms.

California Business Litigation brings together case analysis, best practice and advice from leaders in the field. This is a front-line resource for advising clients, training staff, focusing initial research, marshaling evidence for trial, or drafting pleadings and motions. The two-volume collection includes over 130 exemplars and forms on CD.

Editors William Hebert and Peter Vestal have collaborated with recognized leaders at top firms, providing insight and direction to Business Litigation and Corporate attorneys, InHouse Counsel. Chapters Include: CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, SECURITIES FRAUD, BUSINESS TORTS, TRADEMARKS AND TRADE NAMES, UNFAIR COMPETITION, TRADE SECRETS AND RESTRICTIVE COVENANTS, EMPLOYMENT LAW LITIGATION.

The CD of forms includes pleadings, and common collateral documents. These include letters demanding preservation of evidence, a joint defense agreement, an expert retention agreement, stipulated protective orders, a temporary restraining order, injunctions, offers of compromise, and a form of judgment. Also included are basic discovery exemplars, such as deposition notices, interrogatory requests, document requests, requests for admissions, expert disclosures, and exemplar declarations to seek discovery beyond the statutory limits, and general objections to discovery requests. Each document includes all of the necessary elements to state a cause of action, a claim for relief, or an affirmative defense. Often included are specific facts, giving form to the types of background allegations that could be included, and serving as a checklist of the types of allegations that can support a claim or defense.

This collection of sample documents is intended to cover most common types of matters litigators face when representing either a plaintiff or a defendant. Forms are included for general claims such as breach of contract, often-pleaded common counts, declaratory relief, promissory estoppel and fraud, as well as specific claims for common business torts and statutory violations. You will find documents regarding theft of trade secrets, interference with economic advantage, trademark and copyright infringement, breach of confidence, breach of fiduciary duty, insurance bad faith, securities fraud and shareholder derivative suits, corporate dissolution, unfair business practices, and antitrust violations. Also included is a compendium of affirmative defenses frequently raised in business litigation.