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Litigation

No one wants to litigate. But when competitors play unfairly, partnerships fall apart, and construction budgets go haywire, our attorneys–among the most respected and successful litigators in the Bay Area–apply a smart-yet-aggressive approach to managing your disputes by understanding your priorities, crafting compromises when it’s possible, and fighting hard to vindicate your rights when it’s not.

Business Litigation

Our attorneys are some of the most accomplished litigators in the Bay Area, with a proven record of success at trial in state and federal court. We are experienced in litigating virtually all types of commercial disputes, including contract disputes, fiduciary duty and fraud allegations, unfair and unlawful competition claims, negligence and tort claims, and whatever else might affect your business.

We have represented a global bank in numerous contract and lender liability claims, defended businesses enmeshed in unfair competition disputes, represented partners in litigation following partnership breakups, recovered funds embezzled by employees and corporate officers, and enforced countless contracts and other agreements on behalf of local small businesses and Fortune 500 corporations alike.

Real Property, Land Use, and Environmental Litigation

MER has represented clients in litigation on nearly every type of land use and real property dispute. We have deep experience in environmental law, and have defended a prominent San Francisco public/private project from a CEQA lawsuit that threatened the development of new soccer fields. We also regularly represent property owners in lawsuits and regulatory disputes relating to the use of their land, such as disputes over easements and boundaries, requests for zoning variances, and inverse condemnation claims against municipalities threatening the viability of property. We have helped large commercial landlords in San Francisco handle lease violations and eviction actions against non-paying and non-compliant tenants. And we have drafted amicus and appellate briefs on behalf of organizations responding to environmental and CEQA challenges.

Appeals

We have won appeals at almost every level of the state and federal judiciary, including at the California Supreme Court and the Ninth Circuit Court of Appeals. Our attorneys have over a dozen published opinions to their name, and are recognized appellate advocates.

Public-Private Disputes

Our background in government and municipal law and our deep ties in the Bay Area give us the unique ability to represent companies and businesses in their disputes with government entities. We have represented small businesses fighting regulation and sanctions from municipalities, start-ups facing government scrutiny of their unorthodox business models, and companies attempting to find their way in a murky regulatory environment.

Trade Secret and Intellectual Property

Your trade secrets, trademarks, and goodwill are some of your company’s most valuable assets. We know how to keep them safe, and how to defend you from unfair claims of misappropriation. We have successfully defended corporations in several claims of trade-secret theft, and have recovered hundreds of thousands of dollars in attorneys’ fees for our clients under the California Uniform Trade Secrets Act. We have also litigated trademark infringement cases on behalf of nationwide franchisors and defended industrial design firms in copyright and design theft lawsuits.

Scott Emblidge

Managing Partner

Kris Cox

Partner