Business Litigation & Counseling

The San Jose, California business attorneys at Gates Eisenhart Dawson represent all manner of business entities in third party disputes including breach of contract, fraud, Uniform Fraudulent Transfers Act, Uniform Trade Secrets Act, tortious interference, and Unfair Business Practices — just to name a few. Our attorneys also represent shareholders, partners and limited liability company members in entity dissolution actions, as well as intra-owner disputes including claims for breach of fiduciary duty, breach of contract, and fraud. Our successes include obtaining interim remedies such as attachment orders, temporary restraining orders, and preliminary injunctive relief, as well as disposing of matters on summary judgment, thus avoiding the risk of trial.

Based in Silicon Valley, our business litigation and counseling practice extends throughout California and to other jurisdictions in select matters.

Representative Cases

Won a multi-million dollar jury verdict in a fraud dispute representing a designer-builder against an owner accused of reneging on a promise to hire the builder after he obtained a PUD permit for a single family mansion in a permit-restricted hillside community. In addition to millions of dollars in lost profits, the jury also found an entitlement to punitive damages. The case settled for significantly more than the verdict just prior to the punitive damages phase of trial.

Represented principals of a corporation sued by an investor for fraud and other sundry claims. We achieved dismissal of some of the claims at the pleading stage and, as for the rest, we obtained summary judgment for the clients.

Represented a limited liability company sued by a co-joint venturer for fraud, breach of contract, and other claims. After successfully petitioning the court to compel binding arbitration and winning prevailing party attorney’s fees on that petition, the matter ultimately settled for a mere nuisance payment to end the dispute.

Hired by a corporate defendant following a multi-million dollar jury verdict having just been entered against it. After reviewing the entire record, we filed post-trial motions for a new trial and judgment notwithstanding the verdict. Both motions were granted, and the jury verdict was completely eliminated.

See below for more information about our business litigation and counseling practice. Contact GED to discuss how we may be of service in your business matter.

Breach of Fiduciary Duty

Persons who occupy a position of trust, such as a business partner or a professional advisor, are generally required to act in the best interest of those with whom they deal and must not take any sort of unfair advantage. Those who have been harmed b… Read More

Business Interference

Generally, there are two ways in which a person can be held liable for interfering with another person’s business: interference with contractual relations interference with prospective economic advantage Interference with contractual relations oc… Read More

Contract Disputes

A contract is an agreement between two parties. The agreement can be written, oral, or implied by conduct. Although the purpose of a contract is to create a clear understanding of each party’s obligations, disagreements can still occur about what t… Read More

Entity Dissolution Claims

There are times when a business partnership, including a corporation, may wish to dissolve and no longer continue the business relationship. This process often can be quite difficult, not only from a business point of view but also from a legal point… Read More

False Advertising

Businesses are permitted to advertise by making truthful claims about their products. However, businesses are liable for crossing the line into deception and misrepresentation. Honest businesses are harmed by untruthful competitive practices of disho… Read More


Fraud is the misrepresentation or concealment of an important fact. Fraud claims arise in a wide variety of situations, for both businesses and individuals. Our attorneys are experienced in litigating fraud claims and have achieved very significant v… Read More

Partnership & Shareholder Disputes

While no one enters into a business as a partner or shareholder with the expectation of a problem, disputes do arise. Often, these disputes require the partners or shareholders to part ways on less-than-friendly terms. Examples of business disputes i… Read More