LEGAL SERVICES | BUSINESS
DISPUTES & LITIGATION / EMPLOYMENT LITIGATION / TRANSACTIONAL MATTERS / CONSTRUCTION
Matt has counseled some of the best businesses and business people in San Francisco and throughout California.
For new clients, the first meeting is always complimentary. Based upon the number of documents and/or facts to review, Matt provides the client with an initial fee retainer written agreement that covers Mr. Wertheim's providing a thorough analysis of the factual and legal issues presented. From that initial review will come a plan to either litigate, engage in settlement discussions, mediate, arbitrate, or consider unique and ethically appropriate means of achieving a favorable resolution. The client's goals and budget are always factored into the "game plan."
See types of Business Law matters Matt has handled in each of the following subjects below.
DISPUTES & LITIGATION
DISPUTES & LITIGATION
The number of issues that can lead to a business dispute are limitless. Even the types of disputes that come up again and again, such as business contract disputes, can come with an infinite number of variations. These disputes can turn complex very quickly. You need an experienced attorney who can recognize all the nuances in your situation and chart a successful course to a positive and cost-effective resolution. Attorney Matt Wertheim has represented claimants ("plaintiffs") and defendants in business disputes in San Francisco and the greater Bay Area since 1987. We have achieved success in the most complex and challenging cases, and we welcome the opportunity to help you.
Whether your dispute seems run of the mill or hard to explain, you can be confident in our ability to handle it. When huge amounts are on the line, or the future of your business itself is in jeopardy, we put our experience to work to achieve your objectives. Does your case involve a contractual dispute with another business? Is the dispute an internal matter regarding your employees, partners, or shareholders, or the sale of your company? Is it related to Real Estate? Does your case somehow involve several of the issues mentioned above and more? We can handle it.
Matt Wertheim & Associates has represented large companies, small & medium-sized business, start-up ventures, CEOs, and individuals in disputes over the meaning of asset purchase agreements, the sale of stock, claims of reverse engineering of software, interpretation of insurance treaties, reinsurance agreements, contracts, and nearly everything in between. While Matt Wertheim takes pride in the title trial lawyer, we are also prepared to resolve disputes through forms of alternative dispute resolution as well as negotiated settlements after a thorough and complete review of your specific matter and recommended course of action.
+ Some of the types of Business Litigation matters that Matt has handled since 1987 are:
- The arbitration of a contractual dispute between two (2) insurance companies resulting in a near eight figure arbitration award on behalf of the client.
- Matt was the general counsel for a small insurance company accused of negligence related to the placement of a worker's compensation bond. Matt assisted the client by formulating and making the initial notice of claim; associating with outside counsel to file a federal court declaratory relief action when the claim was denied; to the successful reversal/positive outcome in the Ninth Circuit Court of Appeals, and finally to the negotiation of the client's claim for bad faith and attorney's fees.
- Matt was general counsel for a San Francisco software company and represented the company in defending claims of "reverse engineering" by several nationally known software companies.
- Matt handled a dispute between founders of a software company that was resolved by the sale of the company to a third party.
- Matt has represented multiple San Francisco based Insurance agents in their six figure claims for fidelity coverage that were originally denied by insurers prior to Matt's involvement, coverage analysis, discovery, legal research, etc.
Matt represented the founders of a software company in their claims against the acquiring company asserting claims for breach of contract and fraud stemming from the acquisition, the Stock Exchange Agreements, the Registration Rights Agreements, and various Letter Agreements. The case resulted in a confidential multi-million dollar settlement for the two (2) founders and shareholders through a complex escrow set-up that allowed founders and shareholders to sell shares over time so as to not suppress the market price for the publicly traded company.
Matt acted as co-counsel for an Insurance agent/owner of small San Francisco Insurance Agency accused of negligence by Agent's insured who made claim against client's corporation and attempted to "pierce the corporate veil" to hold client personally liable for damages exceeding client's $2,000,000 of errors and omissions coverage. Case settled prior to trial following full day of mediation.
- Matt defended the CEO of a Sacramento based Insurance agency sued personally for fraud relating to theft by company's CFO. Defense involved four (4) separate cases brought by US and foreign insurance companies.
- Obtained six figure settlement for executive search firm that placed executive with San Francisco based company which refused to pay client citing a technicality in the compensation agreement.
- Defended numerous businesses accused of disability access violations. Unscrupulous lawyers would send 10-15 wheelchair bound clients into businesses with trivial defects and would file lawsuits for statutory damages and Attorney's fees (usually not covered by the business’ insurance).
- Obtained over $500,000 settlement for insurance broker who was not paid commissions/referral fees from other San Francisco Insurance Brokerage.
- Successfully represented purchaser of corner market in San Francisco when neighbors opposed purchase based on proposed sale of alcohol.
EmploymENT litigation
Employment Litigation
An Overview
When a talented employee leaves his/her place of employment and attempts to compete with his/her former employer, the former employer often tries to prevent the ex-employee from competing, taking old clients or soliciting/competing based on the use of alleged "trade secrets." If a worker is harassed by her co-worker or supervisor/employer this can often lead to claims of sexual harassment, discrimination, or wrongful termination. If an employee fails to get required meal or rest breaks, this too can lead to litigation. These are just some examples and types of cases that an employer or employee needs the assistance and advice of an experienced attorney.
+ Below are a few Examples of Employment Matters handled by Matt Wertheim:
- Co-defended former employee accused of utilizing trade secrets when lawfully competing in the wine importing business. Successfully opposed Motion for Preliminary Injunction such that client is competing.
- Defended insurance broker accused of illegally competing in hiring of agent of former insurance company/employer.
- Represented Purchasers of CPA practice in litigation involving trade secrets, customer lists, and defamation.
- Defended numerous Bay Area employers accused of not providing meal breaks or overtime pay.
- Successfully negotiated numerous severance packages for both employers and employees.
Testimonial
"Matthew is ethical, responsive, and able to consider difficult situations without getting pulled off track by emotions. He has a nice way of challenging you as his client while remaining a strong advocate. He finally is confident enough to recommend and associate outside consultation when an issue requires additional counsel. I recommend Matthew without hesitation!"
John C.-So. San Francisco
Transactional Matters
Business Transactional Matters
Great entrepreneurs have fantastic ideas. Smart business people make sure that their business is set up correctly, rights preserved, and contracts established for all crucial business transactions. Whether in starting up, or later when a dispute arises, some of the best Bay Area business people/entrepreneurs enlist the assistance of Matt Wertheim & Associates. We work closely with our clients and take the necessary steps to really get to know our clients' businesses so that we become an integral part of your team.
We are dedicated to working closely with your business, understanding your goals and the particulars of your business to ensure that your business operates as effectively as possible. Our firm can be relied upon for comprehensive business law advice and guidance throughout the life of your business as outside in-house counsel.
Business Formations
The form (entity) you choose for your business can be crucial to its success. We can help new and established businesses determine which form is most appropriate to the owner's goals for the business. If a business is already established, we can assist in analyzing and reorganizing. Some of the types of formations and organizations that we handle include:
Limited Liability Partnerships (LLP)
Limited Liability Company (LLC)
Partnerships
Incorporation
Contracts
Matt Wertheim & Associates handle the review, drafting, and negotiation of a range of business-related contracts, including buy-sell agreements, confidentiality and non-solicitation agreements, employment and independent contractor contracts, and real estate agreements.
In addition to handling business transactions, our firm represents clients in business litigation matters as well.
+ Examples of past matters handled by Matt Wertheim & Associates:
- Represented and advised buyers and sellers of multiple restaurants, and handled all documents comprising sale including lease and liquor license.
- Represented Insurance Company in negotiating resolution of reinsurance agreements/disputes.
- Represented owners of San Francisco Insurance Agency in sale of business.
- Start-up work to create entities for clients whether it is best to incorporate (C Corp or S Corp), or form an LLC or partnership (LP).
- Draft and/or review employment agreements, independent contractor agreements, and corporate minutes/resolutions.
- Represented Buyer of Pacific Heights Women's clothing store.
- Represented Insurance Broker in acquisition of other brokerages.
- Represented both consultants, independent contractors, and businesses in the drafting, negotiation, and preparation of severance packages, non-compete agreements, etc.
Construction
Construction Overview
Construction of both residential and commercial buildings can involve numerous legal issues, including construction-related disputes. When you are faced with construction related legal issues, you need the assistance of an experienced attorney.
Construction Contracts
The construction contract is the written document that sets out the rights and responsibilities of each party to the agreement. It is important that you read this document carefully, and that you understand all of it before signing it. The legal consequences may not be obvious, so it is important to have a lawyer review it for you to highlight specific “red flags.” Often compromise, negotiation, and editing is necessary so you are certain that this truly is the agreement you want to make. If it is not, you should not sign the agreement unless the changes you want are made. You will be legally bound by this contract, and it is no defense to say you did not read it or understand it. Hiring an experienced attorney like Matt Wertheim to help negotiate terms is something you should consider before signing the contract, and not later after you are in a dispute. There are lots of alternatives for such agreements like “time & materials” or a “fixed price,” just to name one of the big issues that come up for these construction agreements.
Construction Disputes
Disputes between a contractor or a construction company and a customer are all too common. Disputes often arise out of delays in getting the work done, unsatisfactory work, or a customer's failure to make payments. Often the scope of work changes after a wall comes down, or the owner(s) simply change their mind(s) regarding architectural details. Construction-related disputes can consume a lot of time and money on the part of everyone involved. In many cases, the expense involved in pursuing a dispute is far out of proportion to the money actually at stake. An attorney with experience in construction disputes can help you pursue your claim in an efficient, cost-effective manner.
Resolving Construction Disputes
Most construction contracts set out the manner in which disputes are to be resolved. Usually, those contracts call for use of a means other than litigation, such as arbitration or mediation to resolve the particular dispute(s). Matt Wertheim has handled and helped resolve scores of construction disputes as an advocate and as a mediator.
Hiring a Contractor
Hiring a contractor is something many, if not most, property or building owners will be faced with at some point. While some owners may want to do construction work themselves, for many others (who are not so handy), do-it-yourself is not a realistic option. Local laws in many communities require that a licensed professional must do certain types of work, such as electrical installation. Most property owners will also conclude that they will, in the long run, save time and money by hiring a professional to do the work.
The relationship between a property owner and a contractor can work smoothly if both parties are willing to take the steps needed to do so. An attorney with experience in construction law will help you do what is necessary to make sure things go according to plan when negotiating the initial contract and if what once was going smoothly is now unfortunately contentious. Often, in the course of construction the relationship between the contractor and property owner changes-before the relationship implodes-running questions by an experienced attorney such as Matt Wertheim would be wise so what may be a growingly bad situation does not become intolerable, etc.
Construction Defects
Rapid growth in construction has been accompanied by a rapid growth in claims for construction defects by homeowners asserting claims for defective construction. An attorney with expertise in construction law can advise you about the best way to handle your claim for construction defects.
Causes of Construction Defects
Very few buildings are completed to absolute perfection, and not every variance in quality will be considered a defect by a court. The defects that are most often pursued are those that reduce the value of a building or that interfere with its use.