A legal dispute can put business operations, financial interests, and important relationships at risk. Hoge Fenton’s litigation attorneys help businesses, individuals, nonprofit organizations, and public entities assess their options, protect their interests, and pursue a resolution that supports their broader goals.
We represent plaintiffs and defendants in state and federal courts, arbitration, and administrative proceedings. Our experience spans business and commercial litigation, construction and real estate disputes, professional liability, and trust and estate litigation, with trial and appellate attorneys working together as matters require.
Hoge Fenton has been recognized in Best Law Firms® for Commercial Litigation in the San Jose metropolitan region and in Chambers USA Spotlight for Litigation: General Commercial in Silicon Valley.
Areas of Litigation
Business and Commercial Litigation
We represent businesses and their owners in disputes involving contracts, fraud, unfair competition, trade secrets, and transactions. Our attorneys also handle corporate, partnership, and shareholder disputes, including disagreements over ownership, governance, and business dissolution. We develop strategies that account for both the legal issues and the commercial consequences of a dispute.
Construction Litigation
We represent owners, developers, contractors, subcontractors, suppliers, and design professionals in construction disputes. Our experience includes construction defects, design and workmanship claims, delays, cost overruns, contract disputes, and lien claims. We draw on related experience in real estate and land use to address issues that extend beyond the construction contract.
Real Estate Litigation
We handle disputes involving the purchase, sale, ownership, leasing, and use of real property. Our attorneys represent clients in contract, landlord-tenant, boundary, title, brokerage, and land use disputes, providing counsel from early case assessment through trial and appeal.
Professional Liability
We defend attorneys, health care providers, real estate professionals, accountants, and other professionals against malpractice and related claims. We work with professionals and their insurers to evaluate allegations, develop a defense, and explore opportunities for resolution while preparing for trial when needed.
Trust and Estate Litigation
We represent clients in disputes involving trusts, estates, and fiduciary responsibilities. These matters include challenges to wills and trusts, disagreements over administration and distributions, claims of undue influence or incapacity, and fiduciary appointment or removal. Our attorneys understand the legal procedures and sensitive relationships involved in these disputes.
Employment Litigation
We defend employers in workplace disputes involving harassment, discrimination, retaliation, wrongful termination, wage and hour claims, and employee classification. Our attorneys represent companies in state and federal courts and before administrative agencies, developing defense strategies that account for business priorities, potential exposure, and costs.
Intellectual Property Litigation
We represent clients in disputes involving patents, trademarks, copyrights, trade secrets, and unfair competition. Whether enforcing intellectual property rights or defending against infringement claims, our attorneys help clients protect their business interests and assess options for resolution.
Class Action Litigation
We defend businesses in class action litigation, addressing both the underlying claims and whether a case should proceed as a class action. Our attorneys develop strategies to challenge class certification, narrow or dismiss claims, and evaluate settlement opportunities while preparing for trial when needed.
Clear Strategy from the Outset
We begin by understanding the dispute, the client’s priorities, and what is at stake. We provide a candid assessment of the strengths and weaknesses of the case, identify potential paths to resolution, and recommend appropriate staffing and a litigation budget.
Clients remain involved in key decisions throughout the matter. As circumstances change, we explain how new developments affect strategy, costs, and potential outcomes so clients can make informed choices.
Negotiation, Mediation, and Arbitration
An effective resolution may come through direct negotiation, mediation, or arbitration. We evaluate these options in light of the client’s goals, the merits of the case, and the costs and risks of continued litigation.
Our trial experience informs our approach to settlement, helping clients assess proposed terms and decide when to resolve a dispute and when to proceed.
Trial and Appellate Advocacy
When a dispute requires a court decision, our attorneys bring experience in case preparation, motion practice, trial, and appeals. We present our clients’ positions clearly and advocate firmly, with careful attention to the evidence, applicable law, and procedural demands of each case.
Throughout the dispute, we keep the client’s longer-term interests in view, including how a resolution may affect ongoing operations, financial priorities, and future relationships.
