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Practice Areas
Bankruptcy
Green Business
Litigation
Experience
A partner in the firm's litigation and bankruptcy groups, Al counsels clients on creative strategies to successfully avoid or resolve pending and potential litigation. Al's practice focuses on matters concerning problematic commercial and real estate transactions and investments, loan defaults, business governance, corporate partnership dissolutions and insolvencies. His clients include businesses, financial institutions, venture capitalists, investors, fiduciaries and individuals.
As a litigator, Al has represented parties on all sides and in all stages of financial real estate and commercial disputes. His clients have included national banks, investment houses and Fortune 500 companies. This diverse experience uniquely positions him to seamlessly handle the full cycle of a dispute, from the time of breach or default, through settlement, restructuring, and workout negotiations, to litigation and bankruptcy. While many litigators have a sue-first mentality, Al works closely with clients to develop creative and aggressive strategies to quickly achieve the client's business objectives while minimizing the costs and risks of litigation.
Al also counsels entrepreneurs and investors from the formation of their venture, advising regarding deal terms and protections that help limit the risks and costs of future disputes. Al routinely advises clients on the implementation of operational practices and procedures to prevent disputes or, at least, maximize a client's rights and remedies if litigation becomes necessary. This advice includes review and revision of standard contract forms, promissory notes, guarantees, operating agreements, invoices and dealer agreements.
In addition, Al has represented venture capitalists and investors seeking to acquire assets, including intellectual property, from distressed companies and bankruptcy estates. He has prosecuted arbitrations before the National Association of Security Dealers, represented financial institutions and other creditors to formulate out of court debt workouts, and advised Chapter 11 debtors on plans of reorganization, operational concerns and financing issues. Al advises real estate developers and landowners in breach of contract and fraud litigation. Al also represents businesses, institutions and individuals in resolving other complex disputes, including asset securitization, competitive business practices, alter ego and fiduciary duty, operating agreement interpretation and commercial guarantees.
Representative Matters
Commercial Litigation: Represented international manufacturer in action against defaulting distributor with no apparent assets for repayment. Through aggressive injunction and attachment practice, was able to fully secure indebtedness against insurance proceeds, resulting in full payment of principal obligations to client.
Corporate Dissolution: Represented closely-held corporation in contentious dissolution that involved multi-layered litigation, numerous related entities and protection of valuable intellectual property and real property assets.
Financial Institution/ Secured Creditor: Represented national bank with defective security interest in action against defaulting borrower. Through state and bankruptcy court litigation, obtained dismissal of Chapter 11 case and negotiated full repayment of all indebtedness, including attorneys' fees.
Venture Capital/Individual Investor: Negotiated withdrawal of investor and lender in a continuous dispute with a closely-held company experiencing financial difficulties. Under settlement, client was able to recover full return on investment and obtain future protections not available under previous loan documents.
Bankruptcy Acquisition/Sales: Represented venture capital firm and debtor-in-possession lender in acquisition of substantially all assets of operating technology company after auction sale before Bankruptcy Court. Also, represented Chapter 7 trustee in sale of million dollar patent portfolio.
Real Estate Litigation: Obtained defense judgment for national homebuilder in action by homeowners for fraud and rescission.
Bankruptcy Litigation: Single handedly prosecuted over 100 adversary proceedings for reorganized Chapter 11 retailer. Represented bankruptcy trustee of international freight forwarding company, personally handling over 50 lawsuits against major domestic and international airlines.
Education
University of the Pacific, McGeorge School of Law; J.D., with distinction, Order of the Coif, Traynor Honor Society; American Jurisprudence Award for Real Property (1993)
University of California, Berkeley; B.A., Political Science (1989) | 