Klein & Wilson specializes in complex litigation practice, representing both plaintiffs and defendants in the areas described below. Klein & Wilson's clients have included companies of all sizes (including Fortune 500 Companies), as well as individuals of both significant and modest means. Klein & Wilson's willingness to take on a wide range of matters has helped the firm's attorneys gain substantial experience in a variety of legal issues. Klein & Wilson's significant case results are impressive and speak to the diversity of the firm's expertise.
Business & Commercial Law
Construction Law
Copyright Infringement
Insurance Bad Faith
Intellectual Property Law
Landlord - Tenant
Litigation & Appeals
Mechanic's Lien
Personal Injury -- Plaintiff
Personal Injury -- Defense
Premises Liability Law
Products Liability Law
Real Estate Law
Science & Technology Law
SuperFund Litigation
Trademark Infringement
Trade Secret Theft
Trials
Unfair Competition
Unlawful Detainer
Both small and large businesses face a variety of disputes with their employees, insurance companies, customers, competitors, vendors, and public (i.e., governmental) entities. Klein & Wilson helps clients resolve these disputes before litigation ensues and, if necessary, takes these disputes to trial. Before any significant litigation, Klein & Wilson meets with the client to obtain a comprehensive understanding of the facts of the case and the client's goals. Klein & Wilson then prepares an analysis of the case, a discovery outline, a trial strategy, and a litigation budget. This analysis serves as a road map for the litigation and helps the client understand the strengths and weaknesses of its case to make well-informed (and wise) litigation decisions.
Klein & Wilson handles business litigation and commercial disputes for clients of all sizes and has recovered substantial amounts of money in settlement and trial. In one case, Mr. Klein recovered $26 million in a court trial. In another case, Klein & Wilson recovered $5.7 million in a jury trial. See, the significant case results page for a description of some of the business litigation and commercial disputes Klein & Wilson has handled.
Klein & Wilson represents some of the biggest players in the United States construction industry in disputes arising from the construction of home developments, industrial projects, and commercial projects. Klein & Wilson represents developers, architects, engineers, general contractors, subcontractors, project managers, material suppliers, and owners in disputes of all kinds, including breach of contract, defective construction, substandard material, project delays, and mechanics' liens. In one case, Klein & Wilson represented a general contractor being sued for $12 million arising out of an allegedly defective 225,000 square foot concrete slab. Klein & Wilson tendered the defense of the case to the client's carrier. When the insurance carrier rejected the tender, Klein & Wilson began taking steps to prosecute a bad faith claim against the carrier. While Klein & Wilson was negotiating with the insurance carrier, it conducted discovery in the construction case and proved, through expert testimony and scientific evidence, the concrete slab was not defective and did not need repairs. Klein & Wilson resolved the case at mediation with its client paying nothing and the plaintiff receiving a nominal amount from the client's insurance carrier. See, the significant case results page for a description of some of the construction disputes Klein & Wilson has handled.
Copyrights are valuable assets that must be protected, or they can be lost. Copyright law is one of the most misunderstood areas of the law by laymen as well as many attorneys. Klein & Wilson is experienced in handling copyright infringement cases and is one of the few firms that has actually taken a copyright infringement lawsuit to verdict. Mr. Wilson obtained a $1.4 million federal jury trial verdict in a copyright infringement case against a major retail chain. Because it has handled copyright infringement cases from both the plaintiff's side and the defense side (and has significant case results in copyright infringement disputes), Klein & Wilson is in an excellent position to advise clients on the best ways to protect their copyrights.
Business litigators must be familiar with the opportunities to obtain insurance coverage for their clients. Klein & Wilson has successfully obtained insurance coverage for clients who otherwise might have gone bankrupt defending a lawsuit. Additionally, when insurance companies do not live up to their obligations to pay a claim or defend an insured, Klein & Wilson has successfully pursued such a claim through verdict, which ultimately resulted in a seven figure settlement. See, the significant case results page for a description of some of the insurance bad faith disputes Klein & Wilson has handled.
Klein & Wilson has represented clients in a large number of intellectual property law cases, including theft of trade secrets, trademark infringement, and copyright infringement. Few copyright infringement cases go to trial. Mr. Wilson obtained a $1.4 million federal jury trial verdict in a copyright infringement case against a major retail chain. Because Klein & Wilson has handled intellectual property cases from both the plaintiff's side and the defense side (and has significant case results in intellectual property disputes, including copyright infringement and trademark), Klein & Wilson is in an excellent position to advise clients on the best ways to protect their intellectual property.
Klein & Wilson has represented landlords and tenants in commercial and residential lease disputes. Unlawful detainer is a minefield for the unwary and such actions require an experienced attorney. Klein & Wilson's aggressive litigation style has helped landlords evict even the most obstinate defendants. In one case, a tenant Klein & Wilson was prosecuting was threatened with jail until he ultimately paid a judgment to the landlord. In another case, Klein & Wilson's successful appeal of an adverse judgment led to a published appellate decision changing the law regarding enforcement of estoppel certificates. In a major case involving the State of California's attempted eviction of hundreds of mobile home owners from State property, Klein & Wilson delayed the eviction for almost a year and finally forced a favorable settlement that allowed the tenants a total of 14 months of extended residency and transferred the costs of removing the mobile homes to the State. See, the significant case results page for a description of some of the landlord - tenant disputes Klein & Wilson has handled.
Klein & Wilson considers itself to be a trial firm emphasizing business and real estate matters. While many large firms call themselves "litigators," most of these litigators have limited, if any, trial experience. Klein & Wilson handles every aspect of litigation through trial and appeal. See, the significant case results and appellate practice pages for descriptions of the litigation and appeals Klein & Wilson has handled.
Often in construction disputes, a party records a mechanic's lien and a lis pendens, putting a cloud on the real property at issue. Klein & Wilson represents both plaintiffs and defendants in mechanic's lien disputes. See, the significant case results page for a description of some of the mechanic's lien disputes Klein & Wilson has handled.
There are few things more professionally satisfying than representing clients who have been physically and/or emotionally injured and recovering money to compensate for those injuries. Klein & Wilson has been privileged to represent courageous clients willing to go to battle against companies with unlimited resources. In one case, Klein & Wilson won a jury verdict of $2.6 million in a premises liability action stemming from a sexual assault on a tenant of a residential apartment complex. This was one of the largest verdicts of its kind in California. In another case, after taking only two depositions, Klein & Wilson settled a case for over $1.2 million. See, the significant case results pages for premises liability and products liability for descriptions of some of the personal injury disputes Klein & Wilson has handled for plaintiffs.
Personal injury claims can bankrupt a company. It is therefore crucial for clients to be represented by seasoned trial counsel who understand the law and knows how to navigate through an area where the opposing attorneys are often the best trial attorneys in the legal profession. Klein & Wilson has helped many companies resolve personal injury lawsuits where millions of dollars were at stake. See, the significant case results pages for premises liability and products liability for descriptions of some of the personal injury disputes Klein & Wilson has handled for defendants.
When people suffer injuries while on another's property, Klein & Wilson is well equipped to represent the injured person or the property owner. See, Klein & Wilson's significant case results page for a description of some of the premises liability disputes Klein & Wilson has handled.
Klein & Wilson represents both plaintiffs and defendants in products liability matters where the money at stake is often in the millions. In order to represent clients well in products liability cases, trial counsel must be experienced and have the ability to explain complicated mechanical engineering issues to the lay juror. Klein & Wilson has these talents and has achieved significant case results in products liability cases. See, the significant case results page for a description of some of the products liability disputes Klein & Wilson has handled.
Klein &Wilson has represented developers, property owners, construction companies, title insurance companies, and individuals in a wide variety of real estate disputes, including unlawful detainer, breach of contract, construction defects, lis pendens issues, mold contamination, failure to disclose defects, fraud, and existence of easements. Klein & Wilson has achieved significant case results in all these areas.
California is one of the leading states in the country in the area of science and technology. Klein & Wilson is proud to represent clients who, every day, extend the boundary of man's knowledge. While Klein & Wilson does not do patent work, it has long experience in representing clients in the areas of science and technology. See, the significant case results page for a description of some of the science and technology matters Klein & Wilson has handled.
SuperFund is the name given to the environmental program established to address abandoned hazardous waste sites. It is also the name of the fund established by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). Klein & Wilson has represented clients associated with SuperFund litigation arising from claims for contribution for clean up costs and development of "brownfields." In one case, Klein & Wilson represented a general contractor who was retained to remediate a SuperFund site and brownfield. Plaintiffs claimed Klein & Wilson's client interfered with the development of the site, causing $20 million of damages. Klein & Wilson persuaded plaintiffs that their claims had significant defects and settled the case for $700,000. See, the significant case results page for a description of some of the SuperFund litigation disputes Klein & Wilson has handled.
One of the most valuable assets any company or individual can own is the right to use a trademark. Regrettably, the law of trademark is unclear in most contested cases. Accordingly, it is critical for clients defending their trademarks or contesting another company's use of a similar trademark, to be well represented. Strategic planning and a careful analysis of the applicable law are essential components of defending or attacking a trademark. Klein & Wilson has significant case results in trademark infringement disputes.
Companies are increasingly relying upon trade secrets to provide them with a strategic advantage over competitors. A fluid employment market has led to numerous disputes regarding the theft of trade secrets. Klein & Wilson has obtained significant case results representing companies and employees in trade secret disputes. Because these cases tend to be very expensive to try, it is essential for a law firm to plan early and constantly reevaluate its strategy in order to minimize legal fees that could potentially crush the client.
Surprisingly, most lawyers - especially at large firms - have never been to trial. Klein & Wilson's attorneys are very experienced trial attorneys and have handled a wide range of jury trials and court trials in both state and federal court. Klein & Wilson's attorneys are on the cutting edge of using technology at trial, including videotaped depositions, animations, and bar code presentations, which studies have shown make jurors understand cases better. It is this cutting edge presentation and detailed preparation that caused the Orange County Trial Lawyers to award Mr. Klein the Business Litigation Trial Lawyer of the Year in 2003, and consider Mr. Wilson as the runner up Business Litigation Trial Lawyer of the Year in 2006. Klein & Wilson's experience and significant case results separate it from the other law firms in Orange County.
"Unfair competition" is a broad concept and continues to be shaped by California's courts and legislature. Klein & Wilson has represented plaintiffs and defendants in unfair competition cases arising from trade secret theft, trademark infringement, price fixing, unfair advertising, and defamation. See, the significant case results page for a description of some of the types of matters Klein & Wilson has handled.
Klein & Wilson has represented landlords and tenants in commercial and residential unlawful detainer disputes. Unlawful detainer is a minefield for the unwary and such actions require an experienced attorney to handle them. Klein & Wilson's aggressive litigation style has helped landlords evict even the most obstinate defendants and, in one case, a tenant Klein & Wilson was prosecuting was threatened with jail until he ultimately paid a judgment to the landlord. In another case, Klein & Wilson's successful appeal of an adverse judgment led to a published appellate decision changing the law regarding enforcement of estoppel certificates. In a major case involving the State of California's attempted eviction of hundreds of mobile home park owners from State property, Klein & Wilson delayed the eviction for almost a year and finally forced a favorable settlement that allowed the tenants a total of 14 months of extended residency and transferred the costs of removing the mobile homes to the State. See, the significant case results page for a description of some of the unlawful detainer matters Klein & Wilson has handled.