BUSINESS LITIGATION

The firm represents individuals and businesses, which have been injured by breaches of contract, fraud and deceit, deceptive trade practices and unfair competition, and the theft of trade secrets. The remedies in such cases can include the recovery of what was wrongfully taken, court orders stopping offending conduct in the future, and monetary damages to compensate for the losses which have been caused by illegal or improper behavior.

Our firm has extensive experience in such areas as:

Breach of Contract Claims - Any business relationship ranging from simple purchase and sale agreements to complex business arrangement can result in contractual disputes. Our firm has extensive experience in prosecuting such cases. Remedies can include seeking specific performance of an opposing party's promises, demanding the

payment of substantial damages, or seeking court orders to take immediate control of an opposing party's available assets by means of writs of attachment.

Franchise Disputes - Franchising can be a mutually beneficial business arrangement, but those relations can sometimes sour. The firm has handled literally hundreds of cases involving franchisor-franchisee issues. Sometimes, it is a simple matter of determining what a franchise agreement provides. Other times, complex issues arise involving the interpretation and application of the California Franchise Relations Act - which vests franchisees with important protections against abusive franchisor practices.
Real Estate Litigation - Whether it is a buyer who wants to back out of a contract to purchase real property, a seller who has decided he can sell for more to someone else, or a partner who wants to take undue advantage of her business associates, our firm has the expertise to provide a complete array of representation.
Trade Secret Theft - Such claims arise when a competitor or former employee attempts to steal closely held commercial information of competitive value. Our firm has the experience to provide the detailed and technical analysis needed to determine what is, and what is not, a trade secret and how to remedy circumstances in which their loss is threatened.
Trade Name & Trade Mark Claims - Trade names and trade marks can be of incomparable value to a business and can be easily lost if prompt and decisive action is not taken.

Our firm understands that sometimes the only answer to a major injustice in the business world is to take an aggressive, forceful and effective approach in litigation. Business clients trust The Law Office of Timothy L. Joens to deliver results when high stakes are involved. We have prosecuted and achieved substantial victories for our clients.

CASE RESULTS

$1,000,000.00 Distributor Refuses to Pay for Product: Our client provided one of its distributors with approximately $1,000,000.00 worth of product. When the distributor refused to pay, we sought and obtained a prejudgment writ of attachment for the entire amount. The distributor continued to refuse to pay, so we put a sheriff in his office to take possession of each check and other payment that came in the door. Predictably the distributor suddenly found a way to pay his bill.
$800,000.00 Franchisee Dispute: settlement for violations of the California Franchisor Relations Act when a franchisor wrongfully terminated a franchise without complying with the requirements the law imposes as a condition to such action
$750,000.00 Building Contract Dispute: Our client contracted to build the house of her dreams. The contractor made numerous misrepresentations about his experience, abilities, and intentions. We were able to recover $750,000.00.
$300,000.00 Refusal to Pay for Services: Our client provided a major German manufacturer important marketing support based on a contract the two had negotiated only a year before. After our client completed the services, the manufacturer simply refused to pay. We filed suit and aggressively prosecuted the case by propounding discovery and pushing for a trial. We were able to obtain a settlement that resulted in our client being paid 100% of the contract price of some $300,000.00.
Lanham Act Violations: The Federal Lanham Act provides powerful remedies for certain kinds of unfair competition. We were able to secure a preliminary injunction stopping a major real estate firm from making certain untrue claims comparing their services to those of our client.
Franchisee Recovers Both Its Original Investment and Resulting Damages: Our client secured a six figure settlement from a franchisor that had made a number of unfounded claims about its franchisees' profits and the costs of operating its franchises. We were able to recover the entire amount of our client's investment in the business, as well as his consequential damages.
$250,000 when Airline Servicer Fails to Pay - Our client provided cleaning services to a major airline service provider. We obtained a prejudgment writ of attachment in a sum in excess of $295,000.00 and the case settled shortly after that.
Major International Manufacturer Refuses to Perform Contract: - Our client developed a major improvement for cleaning certain manufacturing production lines. The major competitor in the industry entered into a contract to pay the concept for a reduced initial down payment and the promise of certain royalties based on the number of products sold. In reality, the manufacturer had no intention of promoting the sale of this improvement and refused to even promote it as that would have reduced the sales of its other products. We filed suit and undertook extensive litigation. Before we went to trial, the manufacturer made a major cash offer that our client found acceptable to resolve the matter.