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Practice Areas

 

Appellate Practice

Bankruptcy, Insolvency, Reorganization and Creditor’s Rights

Business Litigation & Transactions

Civil Litigation and Trials

Corporate

Employment and Labor Law

Insurance Law

Maritime Law

Native American Law

Personal Injury

Products Liability

Real Estate Law

Securities

Trademarks

Wills & Trusts

Workers Compensation

Appellate Practice - Milberg & De Phillips handles appeals in federal and state courts. Our lawyers have experience before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, the California Supreme Court and Courts of Appeal and the Bankruptcy Appellate Panel of the Ninth Circuit.

Bankruptcy, Insolvency, Reorganization and Creditor’s Rights - Milberg & De Phillips handles all aspects of bankruptcy, reorganizations and debt restructurings. We represent institutional lenders and other secured and unsecured creditors, unsecured creditor committees, debtors in possession, bankruptcy trustees, consumer debtors, state and federal court receivers, equity holders and parties in all types of litigation related to bankruptcy cases, such as fraudulent conveyance, preference and dischargeability litigation as well as related appeals. Such services include:

  • Bankruptcy: Filing of bankruptcy petitions and proofs of claim, negotiating and responding to plans of reorganization, proposing and obtaining confirmation of creditors’ plans of reorganization, prosecuting and defending adversary proceedings, requesting the appointment of trustees, prosecuting and defending proceedings to recover fraudulent transfers and preferences, and otherwise engaging in motion and trial practice before the bankruptcy courts, bankruptcy appellate panels, the district courts and circuit courts of appeal.
  • Creditors’ Rights and Workouts: Negotiating and documenting loan workouts on behalf of secured creditors and debtors, obtaining the appointment of federal and state court receivers, prosecuting judicial and non-judicial foreclosures, representing diverse parties in out-of-court bankruptcy alternatives such as common law assignments for the benefit of creditors and informal creditor compositions, as well as negotiating and documenting complex debt restructurings.
  • Corporate: Negotiating and documenting transactions related to corporate restructurings, as well as traditional corporate matters to protect clients’ contractual rights and benefits in the event the other parties should become insolvent or face financial distress.
  • Real Estate: Negotiating and documenting asset purchase agreements, leases and secured loans for lessors, lessees, lenders and borrowers in settings in which one of the parties is in financial distress. Prosecuting and defending foreclosure actions and other forced sales.

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Business Litigation & Transactions - We work closely with a broad spectrum of business clients to help them achieve their objectives, including working with business owners and managers in preparing and executing their strategic plans. We also facilitate the planning for the start-up and financing of new ventures, help existing companies obtain financing, and negotiate the acquisition and sale of businesses. Milberg & De Phillips provides across the board counsel to a wide variety of businesses, from start-up ventures to closely held firms. We have assisted founders in the launch of businesses in a wide range of industries. We also assist clients in a wide range of other business matters that help them improve and maintain the operations and values of their businesses, including:

  • Planning for succession of control and ownership of closely-held businesses
  • Working with clients and their estate planners to structure appropriate ownership and control of family businesses
  • Helping business owners formalize their relationships and protect the ownership of their businesses
  • Providing guidance in long-term planning for companies and their owners
  • Advising on appropriate employee policies and agreements
  • Negotiating of distribution, supply, employment, license, consulting, non-disclosure, technology development, and other contracts important to the businesses of our clients
  • Collecting sums owed to our business clients
  • Aggressively advocate the interests of our clients in virtually every type of complex commercial litigation. Our business attorneys are a team of highly experienced trial lawyers, as well as business counselors, who have built an impressive track record of service and success.

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Civil Litigation and Trials - Our attorneys advise clients and provide professional assistance in connection with all aspects of litigation and dispute resolution. Our attorneys have experience in the prosecution and defense of civil actions in federal and state court, including jury trials, arbitration, mediation and informal settlement of legal claims.

Corporate - We provide advice concerning corporate governance issues and general corporate counseling to a broad spectrum of small and closely held private companies.

Employment and Labor Law - Our employment litigation practice includes wrongful termination claims and work related injuries and disabilities. Additionally, our firm provides clients with service in preparation and evaluation of employment contracts.

Insurance Law - Our attorneys have years of experience dealing with insurance companies and have knowledge in the area of insurance coverage disputes and insurance bad faith claims.

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Maritime Law – Our attorneys have experience in various areas of maritime law including boating accidents, long-shoreman claims, cruise ship claims, captain and owner liability, charter liability, contractual disputes, insurance claims and coverage, products liability as related to vessels and equipment.

Native American Law - Our attorneys have experience handling the unique legal issues arising with Native American Indian Tribes, especially concerning Indian gaming casinos and the application of tribal sovereignty on personal injury claims, workers compensation, employment law and business transactions. Our attorneys have been successful in overcoming tribal sovereignty in California courts and have also appeared on behalf of clients in Indian tribal courts.

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Personal Injury - Our attorneys have over twenty-five years experienced obtaining reasonable compensation for persons sustaining accident injuries. Our attorneys have handled all types of personal injury cases including:

  • Automobile and Trucking accidents, (including roll-over motor vehicle claims).
  • Wrongful death
  • Dangerous highway design
  • Motorcycle accidents
  • Bicycle-related injuries
  • Workplace injuries
  • Products liability
  • Food Poisoning
  • Boating accidents and long-shoreman claims
  • Medical malpractice
  • Slips and fall accidents, premises liability
  • Dog bites and other animal attacks
  • Construction site accidents
  • Sexual abuse and molestation claims
  • Negligent security cases
  • Brain or spinal cord injuries

Our firm will usually represent personal injury clients on a contingent fee basis, whereby no attorneys fees are paid by the client unless a recovery is obtained. Our attorneys will advise and guide the client through the process of an injury claim and explore settlement options with the defendant. If a reasonable settlement cannot be obtained from the defendant, our attorneys will not hesitate to bring the case to trial.

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Products Liability - Defectively designed or manufactured products can cause serious injury or even death. Our attorneys have successfully litigated numerous product liability cases including unstable vehicle roll-overs, defective machinery such as table saws, unsafe children toys, construction defects, faulty golf carts, defective scaffolding, cranes, defective seat belts, ladders, defective drugs, defective braking systems, unsafe motor vehicle crashworthiness design on motor vehicles, defective vehicle suspension systems and other unsafe product claims.

Real Estate Law – Milberg & De Phillips’ real estate practice represents major real estate actors on projects throughout California. We provide representation in foreclosures, receiverships and other real estate litigation. We structure, negotiate and document purchases, sales and financings across a wide spectrum of real estate products, from mixed-use projects to single and multifamily residential projects. These transactions range from relatively simple single-asset deals to some of the most complex real estate portfolios and entity transactions in the industry.

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Securities - Our firm has experience obtaining results for parties in derivative suits, as well as in related regulatory and law enforcement investigations and proceedings.

Trademarks - Our trademark practice includes obtaining and maintaining trademarks for many of our clients. We are responsible for the protection of trademarks both inside and outside the United States.

Wills & Trusts - Our firm provides legal services in the preparation of wills and revocable living trusts.

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Workers Compensation - Our attorneys have over twenty-five years experience representing injured workers and employers in workers compensation claims. Our attorneys have also been successful in obtaining additional compensation for injured workers by pursuing claims against third parties, other than the employer, who may have contributed to causing the injury. The firm is very experienced in the subrogation issues that arise in third-party cases.

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Milberg & DePhillips, P.C.
2163 Newcastle Ave. Suite 200, Cardiff-by-the-Sea, CA 92007
Phone: (760) 943-7103; Fax: (760) 943-6750
Email: See Attorneys