- Divorce
- AnnulmentSuccessfully defended a creditor who foreclosed on real property against claims for damages and attorney’s fees for violation of an automatic stay, ultimately obtaining retroactive annulment of the stay.
- EmbezzlementEmployee embezzlement – Recovered more than $750,000 misappropriated from a manufacturing company over time by a former payroll and accounting clerk.
- MurderMany of us have recently learned about Joseph Maldonado-Passage (aka Joe Exotic) through the Netflix documentary "Tiger King, Murder, Mayhem and Madness." While the documentary has provided much enter... Read more »
- Restraining OrderUnfair competition/trade secrets – Obtained temporary restraining orders and preliminary injunctions in two separate jurisdictions on behalf of a leading financial services company after a regional sales representative shared proprietary and confidential data with competitors.
- Mergers and AcquisitionsThe challenges facing clients in this highly competitive industry are unique—and so is our approach. We provide practical and cost-effective service, and can draw from experienced attorneys with corporate, employment & labor, intellectual property, real estate, succession and wealth planning, mergers and acquisitions, and litigation expertise who will work together seamlessly to help our clients meet their important business goals.
- Business DisputesHopkins & Carley is a leading business law firm with more than 50 years of experience working with Silicon Valley companies. We advise emerging growth companies through the full life cycle of their business. We often act as outside general counsel, providing a single point of contact who can efficiently manage the legal needs of rapidly growing businesses. We also advise a number of angel investors and venture funds.
- Business TransactionsOur group represents creditors and other non-debtor parties in a broad range of commercial bankruptcy, reorganization, and workout matters, including related litigation and credit and business transactions.
- Limited Liability CompaniesIn 2021, Congress enacted the Corporate Transparency Act (“CTA”) as a means to locate anonymous shell companies. However, this applies to all limited liability companies (LLCs), limited partnerships (LPs), C Corporations, and S Corporations, and General Partnerships, if they are registered with a Secretary of State.
- Trade Secrets
- Intellectual PropertyHopkins & Carley’s Intellectual Property Litigation Practice has achieved outstanding results in trials throughout the United States. This success emanates from the marriage of our Silicon Valley roots representing early tech companies like Atari, deep technical bench, and strong trial litigation practice. Our attorneys have technical backgrounds ranging from computer science, electrical and mechanical engineering to avionics. We handle litigation and trials for...
- Unfair CompetitionRepresented Building Data, a software pioneer in Building Information Management, in its sale to Trimble, Inc., a public company focused on solutions that optimize the complete Design-Build-Operate (DBO) lifecycle of buildings.Successfully defended two technology companies and three of their engineers in a case involving claims for more than $100 million based on alleged unfair competition and breach of non-solicitation covenants.
- Wrongful TerminationWon summary judgment for a medical device manufacturing company in a state court action involving claims for disability discrimination in violation of the Fair Employment and Housing Act failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation, and wrongful termination.
- Employment DiscriminationWon summary adjudication for a clinical research services company of a lawsuit brought by a former project assistant claiming race discrimination, fraud, retaliation, and breach of contract.
- Employment Contract
- Employment LitigationRepresented a company in a national joint venture between an East Coast candy distributor and a West Coast candy distributor. Advised management on the deal structure, tax consequences, and employment issues and negotiated all corresponding documents and agreements.
- Sexual HarassmentIn order to assist employers seeking to comply with the existing two-hour sexual harassment training requirement for supervisors and the new one-hour training requirement for non-managers, Hopkins & Carley is providing on-demand webcasts that satisfy the training requirements. The webcasts focus on...
- Real Estate LitigationDisputes with Neighbors. Accessing your property and using your property may be restricted by easements, boundary disputes, CC&Rs, or deeds that limit your ability to develop your property or to make the best use of your property. When those problems arise, you will need lawyers with a lot of experience resolving property disputes through negotiation and litigation. Anytime you are protecting or asserting your rights to use your property, Hopkins & Carley's attorneys can draw upon many years of experience in such disputes to assist you.
- Construction LitigationHopkins & Carley's Construction Law Practice is comprised of lawyers who are skilled, experienced, and comfortable in the job trailer, the board room or before a judge and jury.
- Real Estate TransactionsMatt James (San Jose, Real Estate Litigation). James began as an associate with Hopkins & Carley in 2006. He has extensive experience in all phases of construction and real estate matters, including contract negotiation, alternative dispute resolution, and litigation. James’ clients include commercial and residential property owners, prime contractors, subcontractors, material suppliers, architects, engineers, and bonding companies. A licensed real estate broker since 2006, Matt uses his domain experience in a variety of real estate related disputes, including tenant improvement projects and breaches of real estate purchase agreements. He received his J.D. from Santa Clara University School of Law.
- Eminent DomainProblems with Governments. Regulatory takings, extractions, condemnations, exactions and eminent domain are issues that property owners often face when local, state and federal governments exercise their powers to regulate or property. Our attorneys, several of whom have served in elected office or on regulatory bodies, have a deep understanding of legislative and regulatory developments and wide experience in dealing with governments that use and sometimes abuse their powers.
- Easement
- Land Use and ZoningOur team works closely with attorneys other departments in the firm to provide clients the full benefit of employment, business, land use, and other legal advice. For example, we regularly collaborate with our land use practice group on redevelopment projects and other land use issues related to the development, sale, financing and operation of mobile home, manufactured housing, and similar communities.
- Landlord-Tenant DisputesPrevailed at trial and on appeal for a general contractor in a large claim against a landlord and tenant in a commercial restaurant cost overrun claim.
- Property Damage
- Disability DiscriminationEngaging in the interactive process in good faith is a difficult but crucial component of complying with the ADA and California’s FEHA and avoiding claims of disability discrimination. Employers without extensive experience in the interactive process should confer with counsel when the duty to engage in the process arises.
- Estate PlanningOur Trust & Estate Litigation practice group is comprised of experienced trial attorneys who focus their practices solely on complex disputes relating to trusts, estates, and conservatorships.
- WillsWe view ourselves as “family advisors” whose collaboration with our clients’ accountants, investment advisors, financial planners, and life insurance professionals enables us to tailor the most appropriate and tax-effective plan for asset management, exit strategy, business succession, family philanthropy, and the transfer of wealth to subsequent generations.
- TrustsAdvised the young founder of an early-stage Silicon Valley business about how best to manage the wealth he was building, including through future investment opportunities. Created an estate plan that provided for irrevocable trusts for the founder’s children, to whom portions of a multiple-series partnership would be assigned and through which various investments would be collectively managed.
- Power of Attorney
- ProbateBeck, who joins the firm’s Family Wealth & Tax Planning Group in Palo Alto, is certified by the State Board of Legal Specialization as a specialist in estate planning, trust and probate law. She focuses on trusts, charitable planning, gift and estate tax planning, and post-death administration, including trust administration and probate. Beck also offers consultations on the legal and tax implications of domestic partnerships, marriage and property co-ownership, including for same sex and unmarried couples. Prior to joining Hopkins & Carley, she was a partner with Lakin Spears. Beck received her undergraduate degree from Yale University, her law degree from Georgetown University Law Center and her LL.M. in taxation from Golden Gate University School of Law.
- BankruptcyThe Ninth Circuit Court of Appeals recently issued a decision that gives creditors a powerful tool in Chapter 11 bankruptcy cases going forward. Read more »
- ForeclosureWhen a lender seeks to foreclose under a deed of trust, often a borrower who does not have the resources or incentive to resist the foreclosure will offer the lender a deed in lieu of foreclosure. Read more »
- Tax LawClients turn to Hopkins & Carley's tax lawyers to create innovative solutions, and to solve complex tax issues arising from transactions, controversies and business operations and growth.