Practices

Litigation

Litigation is the lifeblood of our firm. Advocacy is what we offer, and good advocacy benefits any kind of case. 

We are trial lawyers.  Few California firms have the breadth of experience that McManis Faulkner brings to a case. We have appeared in court in almost every kind of dispute, and tried a significant number of them to verdict and judgment. Whether the case is a complex civil case, a bitter divorce, or high stakes criminal prosecution, clients enjoy an advantage when represented by a McManis Faulkner lawyer.

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  • Commercial

    When conflicts arise between business partners, between a company's owners and its employees, or among multiple companies, the representation and advice of capable and experienced legal advisors is often needed.

    Our lawyers have years of experience in a broad range of commercial actions, including contract and employment disputes, business torts, fraud, covenants not to compete, commercial real estate actions, and shareholder and partnership disputes.

    Clients include public and private corporations, and individuals – as both plaintiffs and defendants - in state and federal litigation and arbitrations. In addition, we often serve as local counsel with national law firms in Federal and State Courts.

  • Employment

    The modern workplace is a complex legal environment, and companies face numerous employment issues made complicated by California laws, which often differ from Federal rules and regulations.

    Our management-focused employment law team represents a range of clients across a wide variety of industries. Serving as legal and human resources-focused partners to their clients, our attorneys handle all manner of employment litigation, including wrongful termination, discrimination, harassment, retaliation, wage and hour cases, and trade secrets matters.

    We provide risk-benefit analysis to help clients make the right employee management decisions in order to minimize the chances of litigation. However, sometimes even good management cannot avoid litigation, and our lawyers have successfully represented clients in State and Federal Courts, as well as before state and federal agencies.  Companies of all sizes hire us to educate and train their human resource departments, management, and staff, so all are well informed about employment law requirements in the workplace.

  • Government & Civil Rights

    Our attorneys are accomplished in all types of civil litigation, including civil rights complaints against government entities.  

    In the civil rights arena, McManis Faulkner lawyers represent both individual and corporate plaintiffs, whose rights have been violated in such areas as discrimination, excessive force, false arrest, contracts clause violations, and takings. We possess years of experience advocating for clients against government entities in both state and federal court, and have tried cases under Title 42 United States Code Section 1983, the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, and other state and federal statutes.

  • Intellectual Property

    Before Silicon Valley emerged as the world’s technology capital, leading companies in Santa Clara County, such as Intel, Apple, and Symantec, hired McManis Faulkner to prosecute and defend business-critical, fast-moving trade secrets cases.

    McManis Faulkner was on the ground floor as the Silicon Valley economy developed. As a result, the firm’s track record of handling Silicon Valley trade secret cases is unparalleled. The firm has developed deep expertise in Bay Area and Northern District of California intellectual property disputes over the past thirty (30) years. Because of the firm’s expertise in criminal cases and investigations, clients often hire McManis Faulkner to handle intellectual property disputes in which immediate, boots-on-the-ground representation is required. The firm’s investigation and trial teams move nimbly in the critical hours leading up to emergency proceedings. The firm has also prosecuted and defended copyright and trademark cases, often times involving criminal allegations.

  • Plaintiff

    Our “never give up” attitude, meticulous preparation, and keen trial skills define our approach to plaintiff-side litigation for individuals and corporations. We are very familiar with matters involving unfair business practices, securities violations, breach of fiduciary duty, elder abuse, and statutory and common-law fraud. We are also experts in representing individuals who have been seriously injured due to professional negligence, premises liability, motor vehicle accidents, and products liability.

    We represent individuals, businesses, and class members in torts, antitrust, copyright and trademark, consumer credit and consumer fraud, shareholder, taxpayer and derivative suits, and employment discrimination and wage and hour claims. Our lawyers handle class actions and other complex litigation in both State and Federal Courts. Our skill in such cases has resulted in substantial recoveries from manufacturers, insurance companies and lenders, as well as other corporate and individual wrongdoers.

  • Probate

    Will contests and other probate matters bring multiple complexities, both personal and legal. They can be particularly disruptive to family life— pitting relative against relative in courtroom battles. McManis Faulkner understands and our trial team evaluates such cases with compassion.  Our goal is to find a prompt and economical resolution, inside or outside the court system.

    Our attorneys discern when mediation or arbitration are in a client's best interests, and we have experience working with alternative dispute resolution providers to obtain successful results. We bring significant expertise to our representation of individuals, professional fiduciaries, and beneficiaries in all aspects of probate litigation. Our record includes successful resolution of such matters as the validity of wills and trusts, the conduct of trustees, conservators, and personal representatives, and claims for distribution from estates and trusts.

  • Real Property

    Real Property transactions and ownership may result in complex and difficult disputes between buyers and sellers, commercial landlords and tenants, construction companies and owners, and neighbors.

    McManis Faulkner attorneys represent public and private companies and individuals in lease disputes, defective construction cases, claims of misrepresentation and nondisclosure in sales of real property, and lot-line and easement disputes.  We bring the same level of preparation to pre-litigation resolution of these matters as we do to resolving cases through resort to the courts.