Objective: Business Opportunities and Risk Protection

California businesses operate in one of the nation's most volatile economies. Its diverse business community must adapt to bigger booms, deeper downturns and a wider range of risks than other regions.
Archer Norris has been strategically aligned with California business since the post- World War II economic expansion. From our offices in the state's commercial and government hubs, our attorneys represent national, regional and local commercial, corporate and entrepreneurial clients.  

Major Business Transactions.  Commercial Litigation Strategists.
 

Skilled dealmakers.  Formidable dispute and litigation strategists. Preventive counselors armed with cost-effective solutions. We manage uncertainty, protecting and promoting clients' interests in the regional and global marketplace.  Areas of our business counsel include:

• Contracts and Agreements
• Corporate Counsel
• Employment
• Environmental
• Finance
• Insurance Coverage
• Real Estate / Land Use
• Transactions

California Counsel, Transactions and Dispute Defense

Archer Norris represents clients ranging from individuals to Fortune 500 companies, including major utilities, banks, insurance companies, manufacturing companies, real estate developers and contractors.  Our attorneys:

• Structure innovative transactions that maximize opportunities.
• Secure discretionary approvals that promote community development and public-private partnerships (PPP).  
• Eliminate adverse consequences of high-demand litigation, including two-party, mass and class actions.

In a business climate where change remains the only constant, our attorneys understand the value of goodwill and preserving relationships.  Recognized for the skills of our diverse staff, Archer Norris injects a multidimensional perspective, practicality and business foresight into business transactions and litigation.

Representative Matters

Business Transactions and Counsel

• Residential Subdivision Transaction - Resolved multiple issues triggered when a publicly-traded residential developer was unable to complete the sale of a proposed 500-lot transaction. With the client's permission, we secured a new purchaser, another Archer Norris client, and the deal closed on time. There were no penalties and the business needs of both developers were met.
• Family-Owned Business Sale - Represented the owners of a family-held regional solid waste company in a transaction exceeding $100 million. The negotiations culminated in the sale of the company to a publicly-traded corporation. Counsel ranged from determining terms of sale and selecting an investment banker to structuring agreements with third parties including public agencies and employees.
• Hospital Restructure - Reinvigorated a Contra Costa healthcare facility by restructuring its partnership with the county and positioning it as a newly viable institution.
• Prevent Airport Closure - Represented regional business interests, including the largest owners of commercial and office space in the region, when county officials and competing developers attempted to close a local airport. We identified significant contractual, public policy and legal arguments against the closing of the airport. In a lobbying effort that reached to Washington D.C, we achieved our clients' goals when the county ultimately abandoned its efforts and the airport remains open today.
• Property Development - Assisted PG&E in marketing their vacant property in the Brickyard Cove area in the City of Richmond. Our tasks included determining the site's potential for residential development, clarifying questions regarding access to the property, assisting PG&E in drafting its Request for Proposal, and identifying candidates to receive the RFP.
• Waste Management PPP - Negotiated a comprehensive, multijurisdictional public-private agreement for the establishment and operation of a major solid waste facility, as well as bond financing to construct the facility.
• Mortgage Bank Asset Sale - Coordinated asset sale of a large mortgage bank/brokerage to a public corporation for cash and securities that positioned the sellers for significant market growth. This transaction necessitated a thorough understanding of the mortgage and brokerage business and careful attention to the incentive structure of the agreement.
• Planned Community Development - Negotiated and developed the agreements for a 3,000-unit residential and one-million-square foot, commercial planned community that balanced the interests of the developer, the municipality, and the community.
• Mobile Home Park Counsel - Provide comprehensive counsel to trailer park owners in litigation and business issues, including rezoning and relocation, throughout the state.
• Civil Engineering Counsel - Transactional and employment counsel, including on for an employment manual, for an Irvine, CA-based civil engineering firm. The rapidly expanding and award-winning firm's portfolio includes major infrastructure, commercial and sustainable-approach projects.

Business Litigation

• Business Torts Verdicts - Acted as plaintiff's counsel in a business torts case involving claims of misappropriation of quarry resources made by our client against his former business partner. We obtained a multimillion-dollar verdict on his behalf. In another case, we achieved a defense verdict for laboratory executives charged with allegations of misrepresentation brought by an investor.
• Agribusiness Litigation - In precedent-setting litigation arising out of efforts to control seawater intrusion in the Salinas Valley, we represented a coalition of growers in overturning the Monterey County Water Agency's attempt to regulate agricultural groundwater extraction. In the process, Archer Norris attorneys improved the public participation process that allowed the growers and the agency to work together toward a consensual solution.
• Employment Agreement Enforcement - Defended a global medical device manufacturer in litigation where its quality assurance manager claimed he was terminated after complaining about major patient safety issues. We persuaded the trial and appellate courts to enforce the arbitration provision in the employment agreement. We also successfully positioned the case so that the multimillion-dollar claim was resolved through mediation for a small fraction of the plaintiff's demand.
• Consumer Lending - Represent several banks and financial services companies in consumer claims involving the Truth in Lending Act (TILA), fraud, Fair Debt Collection Practice Acts (FDCPA), Fair Credit Reporting Act (FCRA) Real Estate Settlement Procedures Act (RESPA) and other regulatory issues for licensed and regulated lenders.
• Business Fraud - Obtained a defense verdict, on behalf of insurers, in an extensive, high-demand trial involving allegations of business fraud.
• Intellectual Property - Achieved a favorable settlement for a software company allegedly in violation of intellectual property rights in a "look and feel" case contending copyright infringement.
• Discrimination, Harassment and Wrongful Termination - Favorably resolve and defend numerous sexual harassment, discrimination and wrongful termination claims for businesses throughout the state. In one case, we obtained a defense verdict for an employer against claims of wrongful termination, sexual discrimination and defamation by a pregnant and unwed employee.
• EEOC Claim - Provided background advice, research, and investigation that enabled an employer to resolve successfully wrongful termination and race discrimination claims in an EEOC mediation program.
• Wage and Hour Claims - Advise numerous employers on wage and hour disputes and successfully resolve these claims.
• Class Action Lawsuits - Achieve early dismissal and prevent class certification for numerous national corporations in multiparty, high-demand cases, including for a national moving company facing class allegations of violating federal transportation and state consumer protection laws.
• Environmental Claims - Provide comprehensive environmental counsel to private companies. In one matter, we defended a national retailer of auto parts in a statewide action brought by the state attorney general and district attorneys arising from alleged spills and environmental compliance issues.
• National Litigation Coordinating Counsel - Serving as litigation coordinator for a national defendant, a five-billion dollar, Fortune 500 company which is an international distributor of electrical and communications products.
• Premises and Products Liability - Extensive experience defending national retailers and corporations in their California claims in products liability and premises liability.

FAQ

Does Archer Norris focus on any specific industries or businesses?
 

Our clients range from national retailers, manufacturers and financial institutions in their California-based concerns to entrepreneurial start-ups that have long symbolized the California success story. We represent businesses of all sizes through their entire life cycle. Industries that we enjoy a strong reputation in include waste management, construction, vertical transportation, insurance, mobile home parks, transportation, consumer lending, manufacturing, agribusiness and healthcare.

How do you meet the challenges of California business?
 

We counsel national and local companies that focus on the big picture. Their business strategies include establishing a strong presence, especially in California. Archer Norris lawyers are respected leaders in the state's legal organizations and communities across Southern and Northern California.  We offer clients access to our nationwide legal and business networks, and use our comprehensive experience in California industries and the state's unique laws. We provide clients the bandwidth for success in any market.