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May 2018 Archives

How to complete a strategic merger

Those who want to sell their California business will need a strategy for a successful transaction. A strategic buyer could be a larger competitor or a company in another industry that could make use of whatever the business being sold has created. There are many advantages to finding a strategic buyer such as getting a higher sale price or seeing the company grow after the sale.

Prepare for arbitration carefully

Resolving business disputes fairly often takes much longer than you might hope, and even when parties do reach an arbitrated agreement, one party may strongly disagree with the outcome. Settling business disputes through an arbitrator can be a welcome relief or it may produce even more complications for the parties at odds, if they do not approach the process wisely.

Mergers and acquisitions can come with IT concerns

When two San Diego companies merge, or one company purchases another, integrating systems throughout their practices can be difficult and challenging. This can be particularly true in the case of IT departments that manage internal communications, customer data, public presence and other key issues. IT departments can be one of the most critical components of an enterprise's success whether it's a tech business or even a more traditional manufacturing or service-based company. A great deal of the company's security and communications rely on the work conducted by the IT department.

Careful development of NDA terms recommended for joint ventures

When two businesses in California intend to work cooperatively or explore the viability of a joint venture, they generally execute non-disclosure agreements. These contracts define confidential information and how it may or may not be used and often set a time period for the restrictions. The document typically addresses the disclosure and use of confidential information separately.

Alternative dispute resolution in construction litigation

Construction disputes in California and around the country can be ruinously expensive and damage reputations that contractors have spent decades building, but they are often settled quickly and inexpensively when the parties involved are open to alternative forms of dispute resolution. Even those who genuinely believe that talks are at loggerheads and further negotiations would be pointless may find that they have little choice in the matter; judges may refuse to allow construction disputes to proceed to court until all possible avenues to a settlement have been explored.

Caufield & James LLP's Rising Stars

Caufield & James is pleased to announce that attorneys Matt McMillan and Santino Tropea have been selected for inclusion in the Super Lawyers 2018 San Diego "Rising Stars" listing in the fields of environmental law and environmental litigation. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Congratulations to the honorees!

Nike sues Puma for patent infringment

Nike didn't hold back harsh wording in its recent patent infringement suit against Puma. In the court filing, Nike claimed that Puma's business model forgoes researching its own designs and instead relies on designs stolen from Nike. This lawsuit could be of interest to entrepreneurs in California.

Appellate Court Upholds Decision For Water Companies On Corrosion Claims

Caufield & James LLP is pleased to announce that on May 3, 2018 the Fourth Appellate District upheld the trial courts judgement in the Williams vs. Moulton Niguel Water District et al. pipe corrosion cases. Caufield & James LLP represented Metropolitan Water District ("MWD") through at the bifurcated bench trial and prevailed on MWD's defenses that the plaintiffs' claims were preempted by federal and state laws and otherwise insufficient on the merits. Plaintiffs were comprised on several different coordinated lawsuits, including several class actions, wherein plaintiffs had contended that the water being provided by MWD to their homes caused corrosion in their piping. In particular, the Appellate Court found preemption of the plaintiffs corrosion claims because plaintiffs were unable to demonstrate any violation of the Lead and Copper Rule, 40 C.F.R. Par 141, 42 U.S.C. Section 300 and Health and Safety Code Section 11627 et seq. The Appellate Court decision was a significant victory for water providers like MWD that could be faced with conflicting legal claims verses regulatory requirements should the underlying case have been allowed to proceed.

Merger and acquisition activity strong within health care sector

Health care companies represent a major force in the economy in California. Merger, acquisition and partnership activity in this sector has been strong, and a survey of health care companies showed that industry players remain very interested in exploring or completing new business deals. A 2018 survey conducted by HealthLeaders Media revealed that 71 percent of respondents are planning for expansions and partnerships over the next three years.

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