Alternative Dispute Resolution

Arbitration and mediation emerged in the 1980s as respected and efficient ways to resolve business disputes. Recognizing the fact that for many disputes, there are more effective methods of resolution than litigation, Freedman & Taitelman, LLP has developed expertise in ADR. ADR is utilized for a variety of reasons: to increase efficiency in the process or reduce the costs of dispute resolution; to increase client awareness of issues and risk; to resolve a dispute while preserving an existing business relationship; to allow involvement by a person with training or experience similar to the dispute in question; and to minimize publicity surrounding a dispute. Our attorneys employ ADR procedures such as mediation and arbitration where appropriate to resolve disputes as economically and efficiently as possible.

Appellate Practice

Our appellate practice focuses on both appeals from United States District Courts in California, and appeals from California State Courts to the Court of Appeal and Supreme Court. We serve both clients whom we represented at trial, and also clients who retain us specifically to handle their appeals. Our appellate practice is not limited to any particular substantive area of law. Rather, we have handled appeals in a variety of areas of law, including in the employment, real estate, commercial and construction arenas. We pride ourselves on synthesizing the record and on presenting the issues in a highly organized and comprehensive manner. Having practiced in many courts of appeal, we are uniquely situated to identifying and framing the critical legal issues in any case.

Banking and Financial
Institution Litigation

Our banking and financial institution attorneys represent national, regional, and local banks and financial institutions; commercial finance companies; institutional lenders; corporate lenders; equipment lessors; landlords; trustees; individuals; and various other creditors, secured and unsecured, large and small.

Our attorneys have extensive experience litigating in both state and federal courts to enforce client's rights against defaulting borrowers and guarantors. Our experience includes straight-forward collection actions, claim and delivery matters, mortgage foreclosures, and cases arising under the California and Uniform Commercial Code. We also have extensive experience in protecting our client's collateral through the use of the appointment of receivers, writs of attachment and temporary restraining orders and preliminary injunctions.

We are particularly proud of our mortgage foreclosure experience, having conducted foreclosures against multimillion-dollar corporations, large and small companies and individual borrowers. We represent several statewide banks and handle foreclosure proceedings in all of California.

In all of our cases, we provide our clients with the experience, efficiency, and legal innovation necessary to achieve the best result in the most expeditious and economical manner. We adopt as tough or conciliatory an approach as the situation merits. In short, we find solutions to our clients' problems based upon having the experience, resources, and ability to assist clients in every stage of a transaction or court proceeding involving the creditor-debtor relationship. Moreover, our size and sophistication allows us the flexibility to structure fee arrangements which serve the needs of our clients on varying levels.

Counseling Services

Our business counseling services are unique in the world of law firms, and source of great pride for us. We act as a seamless extension of our clients' in-house legal departments, providing service and expertise in a wide-range of practice areas. We also function as de facto in-house counsel to a variety of businesses, ranging from closely held, entrepreneurial companies, to privately owned corporations, partnerships and sole proprietorships, to larger, public corporations.

Our mission is to be available to answer or address any legal problem facing our clients, from those in which we have experience to those where we do not. Our clients depend on us to facilitate resolution of their legal needs, whether using our experienced attorneys or making arrangements through our nation-wide network of respected counsel. We have long recognized that responsiveness and timeliness are vital to help clients realize business opportunities and avoid business pitfalls. To that end, we provide immediate response to clients with questions or problems in any practice area. The firm takes pride in understanding each client's business, in identifying opportunities and alternatives for clients, and in communicating the solutions to problems clearly and simply.

Commercial Litigation

Our commercial litigation practice involves representation of businesses of all sizes in a wide range of disputes. Our experience ranges from representation of clients in simple two-party contract disputes to complex multi-party disputes. We routinely handle matters involving California's Unfair Business Practices Statute as well as the Fair Debt Collection Practices Act and the Robbins Rosenthal Act. Our core commercial litigation practice focuses on enforcing notes and leases, and foreclosing upon interests in both personal property and real property, as well as defending against claims made against lenders and brokers.

We also have a significant creditors' rights practice that emphasizes debt collection, domestication of foreign judgments, obtaining and enforcing writs of attachment and writs of possession, and recovery of personal and real property. Where necessary or desired, our attorneys can move quickly to obtain ex parte writs of attachment, writs of possession, and orders appointing receivers. Similarly, we have extensive experience in defending against the appointment of receivers, and our skills have many times proven critical in bringing parties closer together in the workout process. Our post-judgment execution staff has expertise in enforcing judgments and maximizing recovery for clients.

Construction Litigation

Our construction litigation attorneys represent owners, developers, contractors, subcontractors, suppliers, engineers and design professionals in multi-party construction defect suits, owner/contractor disputes concerning costs and delays, and mechanics' lien cases.

When disputes arise during the construction process, we become involved on behalf of clients at an early stage in order to ensure prompt, cost-effective and early resolution. We assist clients in evaluating options including insurance coverage, early informal negotiations, pre-litigation mediation or other settlement conferences.

Where disputes cannot be resolved at an early stage, we provide vigorous and creative representation in arbitration and litigation. Our experience includes claims for construction or design defects, mold, breach of contract, breach of warranty, negligence, delay, and extra or changed work.

We strive to perform early investigation into the causes of a particular problem, which allows us to include all proper parties and potential insurance coverage. This management of the construction claim process results in an efficient and orderly process, allowing for resolution of claims with a high level of cost and time efficiency.

Litigation and Counseling

Our labor and employment practice assists employers and management in all aspects of the employer-employee relationship. We represent clients of all sizes, from Fortune 100 companies to small closely-held businesses.

A wide-variety of industries are represented, from high-profile entertainment companies to food service companies to national restaurant chains to construction and development companies. We assist clients in a consulting capacity as an extension of their human resources departments, helping them with education, policy implementation and keeping up to date on the complex relationship between state and federal law.

Our litigation practice focuses on all aspects of the employer-employeerelationship. We have extensive experience litigating wage and hour disputes, discrimination claims under state and federal law, wrongful termination claims, sexual harassment claims under state and federal law, and unfair competition and trade secret cases. We have mediated, arbitrated and litigated employment cases to successful conclusions, utilizing our extensive knowledge of the substantive law and our tenancious litigation skills.

In short, we bring a practical approach to employment litigation, with an eye towards resolving the case at hand in the most economical and efficient manner, and in also taking steps to prevent recurrence of similar problems.

Entertainment Litigation

Our entertainment litigation practice focuses on all aspects of entertainment industry related disputes. We represent individuals and companies of all sizes, ranging from large entertainment companies, talent agencies and management companies (both business and personal) to individual writers, actors, producers, directors, agents and managers, in a broad range of disputes. The breadth of our practice includes such controversies as defamation law, celebrity rights of privacy, oral and written contractual claims, general business litigation, copyright and idea submission claims, invasion of privacy, manager and agent commissions and trade secret litigation.

We also assist our entertainment-related clients in a consulting capacity to help them avoid litigation whenever possible.

Our ability to cross-reference our labor and employment practice along with our business litigation practice gives us the experience and flexibility to counsel our entertainment clients in general business matters. Our firm brings a unique approach to entertainment litigation, balancing the need for aggressive tactics while understanding that the entertainment industry, unlike many other business fields, is founded upon recurring relationships.

Professional Liability Litigation

Our professional liability practice is dedicated to the successful litigation and trial of professional malpractice matters. Our attorneys have extensive experience in the litigation and trial of accounting, architectural, engineering, legal and real estate broker professional liability actions in the state and federal courts. Our commitment and focus on professional liability litigation has allowed us to develop an appreciation of the unique issues presented in such litigation.

We are also uniquely qualified to provide guidance to professionals and businesses regarding the operation of their enterprises. This enables clients to avoid mistakes that trigger professional liability.

From our years of experience, we understand the needs of professionals, and are able to offer them experienced, knowledgeable, and cost-effective legal services. Working with our clients and often their insurance carriers as well, we utilize a team approach to professional claims resolution. The firm is frequently called upon to pursue the resolution of professional liability matters through arbitration, mediation and other forms of alternative dispute resolution.

Real Estate Litigation

Our real estate litigation practice group represents national, regional and local clients in virtually every type of real estate dispute. We represent owners, developers, syndicators, investors and others involved in all aspects of the real estate industry. Our real estate litigation capability is unparalleled, and allows us to handle all types of disputes, whether involving commercial, residential, industrial, retail, mobile home, or multi-phased properties or projects. Our real estate practice has grown, in part, because of our reputation for finding practical, reliable and cost-effective methods to resolve our clients' issues.

Contract and Partnership Disputes

We have significant expertise in contract and partnership disputes involving real estate projects. This includes cases involving breach of purchase agreements, dissolution of partnerships and limited liability companies, lender and financing disputes, and fraud or other torts in connection with the sale or development of real estate.

Commercial and Residential Brokerage

We have in-depth experience representing both commercial and residential brokerage firms, brokers and real estate salespersons in connection with all types of real estate transactions. This includes cases involving breach of listing agreements, third party beneficiary claims, commission disputes, non-disclosure, fraud and other tort claims by buyers and sellers.

Landlord Tenant

We represent landlords and tenants in commercial leasing and commercial lease disputes of all size and magnitude. Our practice in this area ranges from unlawful detainer cases to disputes involving tenant improvements, and possessor rights.

Restaurant and Food Service

We have unique and significant expertise representing restaurant and food service clients in disputes particular to their industry. Specifically, we represent national, regional and local food service distributors, restaurant chains, early-stage restaurant companies, individual restauranteurs, franchisors and franchisees, manufacturers of food products and specialty items. The firm is a member of the California Restaurant Association.

We advise clients in this industry in critical aspects of their business, including insurance-related needs, employment issues and alcohol and beverage issues. We assist clients in every aspect of the restaurant and food service business. This includes cases involving start-up funding and organizational matters; purchase and sale of restaurant assets; defense of California wage-hour class actions suits; employment and labor advice; licensing; intellectual property issues involving patents, trademarks and label registrations; real estate and leasing; resolution of land use issues for beverage industry clients.