Commercial and general civil litigation

The firm’s commercial litigation experience is varied and includes trial work in state and federal courts.  The firm continues to represent publicly traded and privately held corporations in commercial litigation throughout California.  Cases handled include complex real estate litigation, multi-party environmental litigation, class action lawsuits, securities, breach of contract, fraud, business torts, libel actions, false advertising and unfair trade practices.  The firm also represents directors and officers in many different types of shareholder and third party lawsuits.  Tyson & Mendes LLP is committed to meeting the specialized needs of our corporate clients in all types of commercial litigation.

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EMPLOYMENT

TYSON & MENDES LLP represents management in employment disputes in state and federal court, and before federal and state administrative agencies such as the Equal Employment Opportunity Commission, the Department of Fair Employment & Housing, and the National Labor Relations Board. With an emphasis on initially focusing their energy on providing early and accurate assessments of the risks and costs involved in litigating cases, we are able to consistently formulate winning strategies for clients, whether through settlement, motion practice, mediation or trial.

The firm’s philosophy is that effective representation at trial is often the product of an effective pre-trial practice.  In some cases, strategically planned and well-crafted motions resolve the case before trial.  In others, motions pare down the issues to be tried and allow for the strategic removal (or inclusion) of portions of the case which may assist a jury in rendering a verdict in the client's favor.

Because litigation can often exact an emotional toll on an employer's work force as well as present large monetary costs, we often recommend that management employ one or more alternative dispute resolution procedures. While these different tools range from stipulated binding arbitrations to private mediations, they are all designed to bring the client the best possible result within an appropriate time frame. Sometimes, management's goals are best served by an early resolution, but other times litigation is necessary. Bearing in mind the client's goals, we work hard to tailor our representation to assist management in the effective running of its business rather than forcing it to shift its focus to litigation.

Well-considered pre-litigation advice is essential in assisting management in making employment decisions designed to avoid litigation or to minimize the impact of unfortunate planning. When accusations of sexual or other harassment, substance abuse or similar problems arise, we assist management in conducting appropriate, legal and thorough internal investigations. After the presentation of the conclusion of such an investigation, management can rest assured that it is making its decision after having had the best opportunity to weigh the risks and benefits of its options. In addition to drafting general policies and forms, we routinely assist management in accomplishing the separation of employees from the company with effective documentation and severance agreements.

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CONSTRUCTION LITIGATION

                         The firm has experience representing design professionals, developers, contractors, subcontractors and suppliers. The firm has handled all aspects of construction-related litigation, including design or construction defects; delay, disruption and acceleration; earth movement; job-site injury and many others.

                        In recognition of the fact that construction litigation can be protracted and expensive, TYSON & MENDES LLP is dedicated to providing cost-effective service to its clients. The firm is a strong proponent of alternative dispute resolution where appropriate, and the firm is also actively involved in construction dispute avoidance counseling on behalf of clients. This involves the review and negotiation of contracts in order to minimize risk, as well as negotiation and resolution of disputes to prevent litigation.

                        The principals have extensive trial and arbitration experience in both state and federal courts, and before the American Arbitration Association and other arbitration forums. Consistent with the firm's emphasis on cost-efficiency, each client's goals are carefully reviewed at the outset of litigation. Specific litigation strategies are developed only after the client's goals are considered, and the most efficient and cost-effective manner of achieving those goals is determined.

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CASUALTY AND PRODUCTS LIABILITY LITIGATION

                         The firm has experience defending clients in all types of personal injury and product liability lawsuits.  We have defended clients in cases ranging from wrongful death and catastrophic injuries to less sophisticated matters.  Mr. Tyson and Mr. Mendes have defended Fortune 500 companies in product liability cases involving manufacturers, distributors, and retailers of a wide array of machinery and products. 

                        Our successful practice is the result of many factors.  We provide high quality legal representation, consult carefully with our clients, and keep litigation costs within budget.  We also provide detailed litigation plans, ongoing case evaluations, and we recommend settlement where appropriate.  In trial or arbitration, we prepare and present our cases thoroughly. 

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AUTOMOBILE AND PREMISES LIABILITY LITIGATION 

                          A portion of the law firm's work -- as well as its principals' trial experience -- has involved general tort litigation, including personal injury defense in cases arising out of automobile accidents and premises liability matters. The automobile defense work has covered the spectrum from soft tissue injuries to catastrophic injury and wrongful death cases. The firm also has specific trial experience defending cases only on damages. These cases have ranged from wrongful death to multi-million dollar jury demands by plaintiffs. The firm has also been involved in the investigation and defense of fraudulent insurance claims.

                          In addition to the defense of insureds for several leading international insurance companies, the firm has directly represented numerous manufacturers, dealers, trucking companies, national automobile and trucking rental companies, and other transportation and corporate clients. The firm also has represented many landlords, commercial and residential property owners, shopping malls, REITS, and other real property owners in all types of property and premises liability litigation.

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INSURANCE COVERAGE 

                        TYSON & MENDES LLP has experience representing primary insurers, excess insurers, life, health and disability insurers, reinsurers, and claims management organizations in the complete range of matters involving third and first party insurance and bad faith issues.  Our representation has encompassed a broad scope of issues, including those associated with asbestos, products, pollution, construction defects, advertising injury, commercial disputes, and rescission actions. 

                        We provide our insurance clients with a full range of pre-litigation counseling services, including: evaluating the legal and factual bases for requests by policyholders or beneficiaries for insurance coverage or benefits, and responding to such requests; assessing and handling demands for Cumis counsel; providing formal written legal opinions as to the existence and scope of insurance coverage, if any; and advising clients on practical alternatives to litigation. 

                        If litigation is necessary, we have substantial experience in handling a variety of cases, in California state and federal courts.

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PROFESSIONAL LIABILITY LITIGATION 

                        The firm has experience representing all types of professionals throughout California.  We have defended accountants, attorneys, architects, doctors, engineers, real estate professionals and insurance professionals.   

                        It is the firm's goal to provide personal, quality representation to our professional clients in a cost efficient manner.  We have developed the expertise, as well as a network of highly qualified experts, necessary to evaluate and defend these cases.  By making our professional clients an integral part of our litigation strategy, we are able to apply our specialized knowledge and experience in the successful defense of professionals through trial. 

                        TYSON & MENDES LLP has also taken a leading role in professional liability issues.  The firm regularly lectures and is published on malpractice and loss prevention topics for all types of professionals.  Mr. Tyson is a member of the State Bar Committee on Professional Liability Insurance and was formerly chairman chairman of the San Diego County Bar Association's Financial Professionals Liaison Committee.  The firm is also a member of numerous professional organizations and is actively committed to the education and defense of San Diego professionals.

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TOXIC TORT AND MOLD

                         TYSON & MENDES LLP has experience representing all types of corporations in mold and toxic tort cases througout the Western United States involving claims for personal injury and property damage. Cases typically involve numerous claimants, but have defended single plaintiff, single defendant cases as well.

                        The source of the chemical exposure can be a worksite, a consumer product, a landfill, a manufacturing facility, or a general environmental release. The chemical products include various solvents (e.g., benzene or chlorinated solvents), gasoline and its constituents; motor oils, other lubricants and specialty motor blends and additives; heavy metals such as arsenic and vanadium; agricultural chemicals including pesticides such as 2,4 D; and fibers (e.g., asbestos) and silicates. We have also developed expertise in the field of indoor air quality and "sick building" syndrome.

                        While TYSON & MENDES LLP has been successful resolving cases at an early stage through dispositive motions, specific litigation strategies mirror our clients’ needs.

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