San Jose Business Litigation Attorneys
In the competitive economy of Silicon Valley, a business dispute can disrupt operations, damage your reputation, and threaten the company you have worked to build.
When a party breaches a contract, a partner acts in bad faith, or a competitor engages in unfair practices, the financial stakes are high. You need a strategic ally who understands the business landscape of San Jose.
The team at Wade Litigation serves as your San Jose business litigation attorneys, providing the assertive and commercially-minded representation necessary to protect your interests and resolve complex disputes.
We build our approach on a foundation of legal strength and business acumen. We analyze the core of the conflict, identify your objectives, and execute a legal strategy designed to achieve a favorable outcome, whether in the boardroom or the courtroom.
Our firm defends your company so you can get back to business.
The executive briefing
- Business litigation is the legal process for resolving commercial disputes between companies or individuals through the court system or alternative dispute resolution.
- Common disputes in San Jose’s tech and real estate sectors include breach of contract, partnership conflicts, trade secret theft, and business fraud.
- California’s statutes of limitation impose strict deadlines for filing lawsuits; failing to act within these timeframes can permanently bar your claim.
- A decisive legal strategy often involves pre-litigation actions to resolve a dispute efficiently and preserve resources before a lawsuit becomes necessary.
- Wade Litigation provides targeted counsel to businesses throughout Silicon Valley, combining extensive litigation experience with a deep understanding of our clients’ commercial goals.
Why Wade Litigation is Your Advocate for San Jose Business Litigation
When your company’s future is on the line, selecting the right legal partner is a bottom-line business decision. You need a firm that understands both the law and the stakes for your business.
A Record of Success in High-Stakes Cases
Our attorneys bring more than 35 years of collective experience to high-stakes business litigation across California. We have a documented history of securing favorable outcomes for our clients, from winning multimillion-dollar contract disputes to achieving the complete dismissal of a $5 million federal racketeering lawsuit.
A Systematic, Client-Focused Approach
Effective legal representation begins with listening. We invest the time to understand your business, your specific goals, and the details of your situation. This allows us to build a tailored legal strategy designed to protect your interests and align with your objectives.
Led by Recognized Legal Minds
Our founder, Amiel Wade, brings a unique perspective shaped by his experience as a San Jose Police Officer and as in-house counsel. His background informs his disciplined approach to trial preparation and negotiation. Recognized as “Lawyer of the Year” and a recipient of the Martindale-Hubbell Honor of Distinction—an honor given to less than 4% of attorneys in the U.S.—he leads a team committed to excellence.
Award-Winning Service
Wade Litigation has been named a “Top Business Litigation Law Firm” and has received numerous awards for client satisfaction. Our commitment to providing empathetic, effective service is consistently recognized by our clients and peers. Headquartered in San Jose, our firm serves businesses across California.
Our Business Litigation Practice Areas
The term “business litigation” encompasses a wide range of commercial conflicts. Our firm has the depth of experience to handle complex disputes across multiple sectors of the Silicon Valley economy. We provide focused legal services in a variety of key areas.
Breach of contract disputes
Contracts form the foundation of commerce. When a party fails to perform its obligations under an agreement, it can cause significant financial damage. We represent businesses in disputes involving vendor agreements, service contracts, commercial leases, and purchase and sale agreements. We document the breach and pursue all available remedies.
Partnership and shareholder disputes
Conflicts between business owners can threaten a company’s existence. We represent partners, shareholders, and LLC members in internal disputes. These cases often involve claims of breach of fiduciary duty, minority shareholder oppression, or disagreements regarding management and control. We work to find a resolution that protects your ownership interest.
Business torts
Wrongful acts, not just broken contracts, can harm a business. These “business torts” inflict severe economic damage by disrupting relationships or tarnishing reputations. Our attorneys hold wrongdoers accountable for these actions.
We handle cases that stem from a variety of wrongful business acts. These matters often require detailed investigation to prove intent and quantify financial losses. We regularly manage claims involving:
- Fraud and intentional misrepresentation in transactions.
- Unfair business practices and anti-competitive conduct.
- Intentional interference with existing or prospective contractual relations.
- Business defamation, including trade libel and slander.
- Misappropriation of trade secrets.
Our firm acts decisively to stop the wrongful conduct. We fight for compensation for the financial harm your business has suffered due to these intentional acts.
Real estate litigation
For many companies, real estate is a significant asset. Disputes over commercial property can halt operations and create immense financial strain. We represent property owners, developers, landlords, and tenants in purchase and sale disputes, commercial lease conflicts, construction disputes, and boundary issues.
The Litigation Process
A successful outcome in business litigation requires a methodical and disciplined approach. We guide our clients through every stage, from initial assessment to final resolution.
Initial case assessment and pre-litigation strategy
Before filing a lawsuit, we conduct a thorough investigation and analysis of your claim. We review documents, interview witnesses, and assess the strengths and weaknesses of your position.
We then develop a pre-litigation strategy, which may include sending a demand letter or engaging in negotiations to resolve the issue before filing a formal lawsuit.
Pleadings and motions
A lawsuit formally begins when one party files a “complaint.” The opposing party then files an “answer” or other responsive pleading. During this early phase, we may file motions to shape the case, such as a motion to dismiss a meritless claim.
The discovery phase
During discovery, we find the facts that build your case. This formal, court-supervised process of fact-finding is where we build the evidentiary foundation of your legal position.
A comprehensive discovery plan allows us to uncover the facts needed to prove your claims or defenses. We use specific legal tools to obtain information and testimony from the opposing party and third-party witnesses.
These tools help us assemble a complete factual record for your case:
- Written interrogatories. We send targeted written questions that the other party must answer under oath.
- Requests for production of documents. We demand relevant documents, emails, financial records, and other electronically stored information.
- Depositions. We question key witnesses, including the opposing party, under oath before a court reporter.
- Subpoenas. We issue legal demands to third parties, such as banks or former employees, for relevant documents or testimony.
The evidence we gather during this phase positions the case for a successful settlement or trial. A strong discovery performance often determines the ultimate outcome of the litigation.
Settlement negotiations and mediation
Most business disputes resolve before trial. We use the evidence gathered in discovery to argue for a favorable settlement. We also frequently use mediation, a confidential process where a neutral third-party helps the parties reach a mutually agreeable resolution, to resolve cases efficiently.
Trial and appeal
If we cannot reach a fair settlement, we prepare to present your case at trial. We meticulously prepare our trial presentation, from opening statements to witness examinations and closing arguments, to advocate persuasively before a judge or jury. If necessary, we also handle appeals to challenge or defend a trial court’s decision.
Mitigating Risk When a Dispute Arises
The actions you take in the initial moments of a business dispute impact your legal position. Taking proactive steps can protect your company and preserve your claims. Act deliberately to protect evidence and your legal rights.
When a conflict emerges, your leadership team should immediately focus on a few key actions. These steps provide a stronger foundation for your legal team to build your case:
- Issue a “Litigation Hold.” Instruct all relevant employees to preserve all documents, emails, and data related to the dispute. Do not delete or alter any potential evidence.
- Document Everything. Create a detailed, chronological timeline of events. Gather all relevant business contracts, invoices, and correspondence in one secure location.
- Limit Communication. Avoid making admissions of fault in communications with the opposing party. Direct all substantive communication through your legal counsel.
- Contact an Attorney Promptly. Early legal intervention can often de-escalate a conflict and lead to a more favorable and less costly outcome.
These steps preserve your company’s options and provide your attorneys with the best possible starting point from which to defend your interests.
The Inadequacy of AI for Complex Business Disputes
An AI tool might define “breach of fiduciary duty,” but it cannot analyze complex financial transactions, cross-examine a witness in a deposition, or craft a motion tailored to the facts of your case and the rules of the Santa Clara County Superior Court.
Business litigation requires strategic judgment and advocacy skills that algorithms do not possess. Relying on AI for legal strategy is a critical business error. For real-world disputes, you need the experience of the attorneys at Wade Litigation.
FAQ for San Jose Business Litigation Attorneys
How long does a business lawsuit take in Santa Clara County?
The duration of a business lawsuit varies. A simple contract case might resolve in months, while complex litigation involving extensive discovery could take several years to proceed through trial. The court’s calendar, the complexity of the issues, and the opposing party’s cooperation all influence the timeline.
What is the difference between mediation, arbitration, and litigation?
Litigation is the formal court process that can end in a public trial. Mediation is a voluntary, confidential negotiation process where a neutral facilitator helps parties reach their own settlement. Arbitration is a private trial where a neutral arbitrator hears evidence and makes a binding decision.
Can I recover my attorney’s fees if I win my lawsuit?
In California, each party typically pays its own attorney’s fees. However, you can recover your fees if a contract between the parties includes an attorney’s fees provision, or if a specific statute that applies to your case allows the prevailing party to recover fees.
What is a “breach of fiduciary duty”?
A fiduciary duty is a legal obligation to act in the best interest of another party. Corporate officers and partners owe fiduciary duties to the company and its owners. A breach occurs when they act in their own self-interest, mismanage assets, or engage in self-dealing, causing harm to the business.
What should our company do if we receive a subpoena?
A subpoena is a legal order requiring a company to produce documents or provide testimony. You must take it seriously. Do not ignore it or destroy requested documents. Your first step should be to contact your business litigation attorney immediately to review the subpoena and prepare a proper legal response.
Protect Your Business with Strategic Legal Action
Your business represents a significant investment of your time and resources. Do not let a legal dispute threaten your success. The San Jose business litigation attorneys at Wade Litigation are ready to provide the strategic counsel and determined advocacy you need to resolve conflicts and protect your company’s future.
We serve businesses throughout San Jose and Silicon Valley from our Los Gatos office. We invite you to schedule a confidential consultation to discuss your legal challenge and learn how we can help you achieve your objectives.
Contact Wade Litigation today at (866) 784-2624 or complete our online form to connect with our legal team.