With a solid record of success, our firm focuses on the following practice areas:
Litigation
Complex Commercial Disputes, Products Liability, Construction Defect, Crane Accidents, Transportation, Cyber Security Breaches, Breach of Fiduciary Duty, Fraud, Civil Theft, Mass Tort (California Wildfires), Business and Contractual Disputes
All litigation is challenging because it presents intricate problems involving multiple issues, parties and jurisdictions. Even the simplest payment dispute can become a web of potential pitfalls when the parties involved are from different jurisdictions or multiple parties claim a right to payment the same funds or multiple defendants are at fault for a loss. Successfully resolving a litigation puzzle requires experienced attorneys who are both nimble in approach and creative in finding and creating potential solutions or strategies for their clients.
The attorneys at Jain Law have spent years advocating for their clients in complex cases in both state and federal courts across the nation and across borders. They have litigated disputes involving asset sales, breaches of fiduciary duties, directors’ and officers’ liability, large-scale construction and manufacturer liens, fraudulent conveyances, creditors’ rights, negligence, strict liability, vicarious liability, insurance subrogation, insurance defense, fraud, unlawful takings, commercial contracts, wind-down of business entities, bankruptcy preference proceedings and claim objections, lien priorities, license disputes, landlord-tenant disputes, construction disputes, crane accidents, property law issues, section 1983 rights, discrimination in employment based upon race, ethnicity, age, gender, sexual orientation, and pregnancy, violations of section 8(a) (native corporations) of the small business act, civil RICO cases and transportation law disputes.
Our attorneys have the resources to efficiently and knowledgeably analyze multiple issues of fact and law, develop strategies that best address their client’s concerns and litigation goals and handle the production and review of large collections of documents and information while striving to minimize the attendant costs.
Commercial Bankruptcy and Creditor’s Rights
For Debtors: We are experienced bankruptcy and restructuring attorneys, who can plan for the variety of moving parts that make up a commercial restructuring or bankruptcy case and are flexible enough to adapt to the changing circumstances that often occur in reorganizations. From the first client discussions, we quickly analyze a client’s options and present potential courses of action for consideration, both in and outside the bankruptcy system.
The decision regarding whether to file a bankruptcy case has significant consequences that affect a company’s fortunes and determine whether it will even continue to operate. Bankruptcy may be a solution because it can give a struggling business what it needs – time to catch up, decide upon the best course of action, and get back on track – allowing the business to emerge from bankruptcy ready to thrive. But sometimes a company does not need the limitations and burdens that accompany the benefits of a bankruptcy filing, and such a company may be better served by restructuring its obligations and operations outside of the bankruptcy system. Our attorneys help our clients to consider all their options and decide which is best for them.
If a business files a bankruptcy petition and becomes a debtor in possession, there are numerous considerations for that company’s owner. An enterprise’s inner workings can change drastically once bankruptcy begins. For example, a company cannot sell property outside of the ordinary course of business, pay professionals, or obtain credit without receiving Bankruptcy Court approval. Experienced bankruptcy attorneys can prepare a business for these challenges and minimize their impact on a debtor’s operations.
Bankruptcy can create litigation or make existing litigation more complex. It can include issues such as successor liability, assumption or rejection of unexpired leases and executory contracts, disputed asset sales, and officer and director liability. However, bankruptcy can also be used to streamline and manage certain types of litigation. An experienced bankruptcy attorney knows the difference and can assist his or her clients in deciding how bankruptcy may affect their litigation.
Our experienced, creative, and talented bankruptcy lawyers help our clients navigate these issues to reach a successful restructuring resolution.
For Creditors: When a financially-distressed supplier or customer approaches insolvency, a creditor must tread cautiously to avoid the ill-effects. That may mean ceasing to do business with the supplier or customer. It may also mean assessing the risks of continuing business, which necessarily requires understanding when and how a trustee in bankruptcy might demand repayment of funds or the value of goods received by a creditor from the distressed supplier or customer in the 90 days or, in some circumstances, year prior to a bankruptcy filing. As in any business situation, there are dos and don’ts. Our experienced attorneys help clients identify pathways forward before a supplier’s or customer’s bankruptcy filing to minimize exposure to claims for repayment. In addition, once a supplier or customer has filed for bankruptcy, we provide our clients with reasoned and efficient defense of any claims made by the trustee and ensure that our clients’ claims against the bankruptcy estate are successfully maintained.
Subrogation
In the complex world of insurance, the efficient and successful resolution of subrogation claims represents one of very few opportunities for insurance companies to increase their bottom line. Our attorneys focus upon maximizing recoveries regardless of claim size and work with their insurance company clients to successfully pursue reimbursement of claims in courts across the nation and across borders.
Our subrogation practice involves a variety of claims, including property damage arising from structure and vehicle fires, transportation accidents, construction defects, crane accidents, cyber security breaches, catastrophic losses (i.e., wildfires), fraud and embezzlement, and other causes regardless of the line of insurance involved. From the $1.2 million yacht that collides with a bridge during overland transport to the damaged trailer struck in a run-of-the-mill traffic accident to a dram shop action to recover payments made pursuant to a life insurance policy, we have the resources and knowledge to successfully investigate and resolve claims.
Unlike many subrogation firms in the habit of passing files to local counsel, our attorneys remain directly involved in all subrogation matters from initiation to settlement or judgment and on to collection. Our involvement serves two purposes: First, we retain responsibility and control over the file to ensure maximum recovery. Second, we can provide our comprehensive legal services while minimizing costs for our clients.
General Liability/Catastrophic Liability/Products Liability Defense
Jain Law and its attorneys provide seasoned and technically-savvy services for the defense of liability claims asserted against clients in a wide range of industries. In addition to our experience with claims involving products liability, construction defects, crane accidents, tractor-trailer accidents, structure fires and catastrophic losses, we have successfully defended clients against fraud, embezzlement, breach of fiduciary duty, negligence, breach of contract and accusations of violations of state or federal law while in the course and scope of employment.
Business Formation and Dissolution
Navigating the decision-making process for a business venture can be challenging. Trying to determine whether your new business venture should be a partnership, limited liability company, professional entity or corporation? Are there benefits to forming a company for your new enterprise? What if you do not? Should you keep separate books and records for your company, and what does that mean exactly? What do you need to know about hiring employees?
Our seasoned attorneys provide knowledgeable guidance for the critical decisions that you will make for your new business. Our services include business formation, contract negotiation and/or drafting, form preparation, drafting of policies and procedures, and amendments to formation documents.
Furthermore, as businesses grow, that progress may trigger a need to divest certain assets or may require a change of equity members. It may also result in disputes regarding the limits of power and authority or in how disbursements should be made. With the aim of preserving business value and encouraging growth, our attorneys can assist with the careful navigation of these issues or, when necessary, with the dissolution of an entity. Jain Law’s seasoned litigators also represent our clients with regard to business disputes involving breaches of contract, breaches of fiduciary duty, embezzlement, fraud, and negligence.
Employment-Related Disputes
Jain Law represents individuals involved in employment-related matters, including contract negotiations, voluntary separations, involuntary separations and disputes such as wrongful or unlawful termination, discrimination based upon race, ethnicity, gender, sexual orientation, pregnancy and religion as well as equal pay matters. Our attorneys are experienced with both drafting and litigating employment agreements, non-disclosure agreements and non-compete agreements.
Civil Rights
From unlawful discrimination in the workplace to unfair lending practices or the intersection of freedom of religion and right to an education, the attorneys at Jain Law are experienced litigators who successfully represent individuals who have suffered a violation of their civil rights.
Probate Estate Administration and Litigation
When their clients suffer the passing of a loved one, Jain Law provides empathetic and responsive probate and estate litigation services, including estate administration, determinations of heirship, asset identification and disputes regarding distribution.
The loss of a loved one can be overwhelming, but the process of administering a family member’s assets should not be. Our attorneys provide experienced guidance and probate services tailored to the needs of the estate and its administrator(s). Those services include probating a will and determining heirship when necessary. In matters where a loved one passed without a will, we are experienced with assisting clients who seek appointment as an administrator. Often, once a client has authority to act on behalf of the estate, our clients will choose to work through the identification of assets and payment of debts independently. We remain available to respond to inquiries and provide guidance at your leisure, or you can engage our services to assist with the business of the estate. Depending upon the circumstances and our client’s needs, we may agree to probate a will for a flat fee, providing our clients with certainty as to the expense involved.
Furthermore, during those unfortunate circumstances where a dispute regarding a loved one’s estate arises – whether it be a dispute over the identification of heirs, how assets should be disbursed, or whether the person handling the estate is qualified – our experienced litigation attorneys provide our clients with thorough representation aimed toward a fiscally-responsible resolution.