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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 |

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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.
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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.
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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.
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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:
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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
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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
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Bicycle-related injuries
- Workplace
injuries
- Products
liability
- Food
Poisoning
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Boating accidents and long-shoreman claims
- Medical
malpractice
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Slips and fall accidents, premises liability
- Dog
bites and other animal attacks
- Construction
site accidents
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Sexual abuse and molestation claims
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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
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