- FraudBenjamin Law Offices represents clients involved in business and commercial litigation. The types of cases we handle include breach of contract, alleged violations of statutes and regulations, and related tort claims. Typical claims include trade secrets infringement, unfair competition, interference with prospective economic advantage, breach of contract, breach of commercial real property lease, breach of franchise agreement, fraud, securities fraud, and shareholder rights claims. We represent debtors and creditors in litigation related to debtor/creditor and commercial law issues. Our attorneys have experience with some unusual claims alleging violations of the Perishable Agricultural Commodities Act, illegal interception of cable or satellite signals, and damage to computer data.
- Restraining OrderPlaintiff testified that she experienced normal ups and downs in her marriage. Defense was dubious that her emotional distress was caused solely by her loss of employment. Plaintiff was caught misleading the jury regarding her ‘normal’ marriage when lead defense counsel presented certified court documents in which Plaintiff sought a domestic violence restraining order against her husband, amongst other instances of documented problems in the marriage.
- Corporate Law
- Mergers and Acquisitions
- Business FormationThe best time to select a business attorney is before starting a new business. Benjamin Law Offices has guided numerous clients through the process of starting up a new business. Our attorneys advise clients on whether to form an association, partnership, limited liability company, corporation or other special entity. Once the decision is made, our attorneys will prepare the documents necessary to create the entity, arrange for the filings and ensure that additional steps are taken to complete the formation of the new entity. Our attorneys will draft additional agreements desired by our clients such as shareholder buy-sell agreements, corporate officer indemnity agreements, incentive stock, stock bonus or phantom stock agreements.
- Business DisputesIt is our goal to keep our clients out of court and we have a long history of avoiding administrative and court claims by delivering timely, accurate and savvy business law advice to our business clients. We do our level best to ensure that our business clients act consistent with current business laws when they make decisions to enter into, modify or terminate contracts or resolve how to comply with industry or occupational laws and regulations.
- Business Transactions
- Limited Liability CompaniesFinally, we represent individuals in real estate partnerships, joint ventures and limited liability companies in disputes with each other related to acquisition, ownership, management and sale of real property.
- Trade Secrets
- Intellectual Property
- Unfair CompetitionPlaintiff brought suit against the firm’s client for denial of reinstatement following pregnancy leave; discrimination on the basis of pregnancy, childbirth and gender; retaliation on basis of requesting or taking pregnancy leave; wrongful termination; unfair competition; overtime; denial of meal and rest periods; waiting time penalties and intentional infliction of emotional distress.
- Wrongful TerminationUnfortunately, in today’s litigious world no employer can expect to avoid employment claims. Benjamin Law Offices vigorously represents employers in defense of civil rights, wrongful termination, discrimination, harassment and retaliation, disability accommodation, right to leave, wage and hour, trade secrets violations, defamation, emotional distress and other employment-related claims.
- Employment DiscriminationBenjamin Law Offices has litigated hundreds of employment claims in the state and federal courts and before administrative agencies. In the arena of civil rights claims, our attorneys have successfully defended numerous cases alleging discrimination or harassment on the basis of race, sex, sexual orientation, national origin, religion, pregnancy, military status and disability, under various state and federal laws such as California’s Fair Employment and Housing Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, Uniformed Services Employment and Reemployment Rights Act and the state’s Military and Veterans Code.
- Employment ContractWe draft pre-employment documents, employment contracts, commission plans, confidentiality, trade secrets, inventions assignment, phantom stock, incentive stock, and severance and release agreements, employee handbooks and other employment forms and notices.
- Employment LitigationIt is our goal to keep our clients out of court. We have a long history of helping our clients avoid administrative and court claims by delivering timely, accurate and savvy employment law advice to our employer clients. We do our level best to ensure that our employer clients act consistently with current employment laws when they make hiring, disciplinary and termination decisions, accommodate employees with disabilities, implement mass layoffs, manage leaves of absence, conduct drug testing, investigate workplace incidents, respond to personnel and payroll records requests and handle the myriad of other employment issues that arise. Our attorneys routinely resolve independent contractor versus employee classification issues.
- Severance Agreement
- Real Estate LitigationMr. Benjamin has more than 19 years of experience representing small and mid-sized businesses as outside general counsel and individuals, California businesses, and national companies as their California counsel in administrative, business, employment and real estate law.
- Real Estate Transactions
- Estate Planning
- BankruptcyBenjamin Law Offices represents individuals, non-profits, businesses, and lending institutions as creditors or interested parties in Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases throughout California. Our attorneys also routinely advise non-bankruptcy attorneys of bankruptcy law, procedures, and issues that could affect their cases and clients. We have practiced bankruptcy for over eighteen years, and have been involved in all aspects of bankruptcy cases.
- ForeclosureWe represent clients with voluntary and involuntary liens on real property owned by others. We establish real property liens for our clients by recording deeds of trust or abstracts of judgment. We pursue appropriate remedies to enforce those liens, when necessary, including judicial foreclosure, non-judicial foreclosure, levies of writs of execution on real property to enforce judgments, and receivership. We also defend actions to enforce liens against a landowner’s real property. We defend cases where the lender or foreclosure trustee has been accused of wrongful foreclosure of commercial real property or violating the foreclosure requirements of the California Civil Code.