Litigation

Our Litigation Philosophy

IPG represents clients large and small, domestic and international, on a wide variety of litigation matters in both state and federal courts. Our litigation philosophy is simple: to achieve the best possible outcome in cost effective manner consistent with our client’s expectations and objectives. We evaluate and define litigation objectives early on so as to tailor our strategy to our client’s objectives before significant resources are spent.

We endeavor to communicate with and involve our clients in all aspects of the litigation from the initial case handling strategy through trial. At every stage in the proceedings we inform our clients of their choices and the costs associated with these choices and allow them to manage the process and our efforts by making informed decisions.

We believe that professional courtesy and cooperation are an often undervalued as litigation tools. Our experience teaches us that establishing open lines of communication and courteous and professional relationships with our opposing counsel usually furthers our clients’ objectives and minimizes the unnecessary expenditure of resources in unnecessary and often unproductive side skirmishes. We practice what we preach: that a lawyer can disagree without being disagreeable, that communicating even with one’s adversaries facilitates understanding and that it is our obligation as professionals to always take the high road.

Litigation Experience:

Litigation efforts are managed by Guillermo Marrero who has been in practice in Southern California for over 30 years. Mr. Marrero has served as lead counsel in a number of jury trials including commercial disputes, partnership disputes, cross border estate matters, personal injury cases etc. Over the years Mr. Marrero has litigated cases in both state and federal courts a number of different states and jurisdictions including: Arizona, New York, Miami, Colorado, Illinois and Nevada.

Our litigation experience and clients have varied over the last 28 years and includes the following:

United States / Mexico cross-border disputes

Cross border litigation. Have represented various US clients plan and implement litigation strategies in the United States and Mexico including representing foreign entities and individuals in U.S Court, U.S. companies and individuals against Mexican defendants, crafting bi-national litigation strategies, procuring U.S prejudgment remedies and enforcing same in Mexico and vice versa and prejudgment and post judgment bi-national collection efforts.
Representing individuals and businesses (domestic and foreign) involved in cross-border commerce, tourism, hotel/hospitality and real estate investment.
Designing and implementing U.S.-Mexico litigation strategies.
Selection and management of foreign counsel.

Business and Commercial Litigation

Representing all types of clients in commercial matters including breach of contract, real estate disputes, partnership dissolutions, shareholder disputes and debt collection actions.

Software Litigation

Representing software manufacturers concerning software product performance, warranty claims, enforcement of consulting, license and service agreements.

Personal Injury

Handling personal injury claims ranging from industrial accidents to slip and fall claims (negligence and premises liability claims) including the representation of large manufacturers, resorts and theme parks.

Professional Liability

Counseling a broad range of professionals such as directors and officers of corporations, partners in partnership disputes, shareholders, accountants, tax specialists, brokers and attorneys.

RECENT LITIGATION MATTERS

Mexican Specialty Vegetable Farmer: Represented a Mexican grower, its U.S. distributor and four individual owners in a 6 week jury trial. Issues tried to the jury included a partnership dispute, breach of contract, conspiracy and fraud.
International Trademark & Licensing Dispute: Represented a foreign hotel owner as Plaintiff prosecute a claim for breach of hotel franchise against one of the world’s largest and leading hotel franchisors due to failure to the alleged failure to disclose issue pertaining to the registration of the trademark in the foreign country. Case involved defense of injunction proceedings in US courts and international arbitration before an international panel. Case successfully settled midway through the arbitration.
U.S. Grocery Chain: Lead trial counsel for Trader Joe’s in trial involving claims of tortious inference with contract, intentional and negligent interference with contractual relations, intentional and negligent infliction of prospective economic advantage and punitive damage claims. Plaintiff claimed $9 million in compensatory damages and punitive damages. Unanimous Jury verdict in favor of Trader Joe’s on all counts. This case was selected by the Los Angeles Daily Journal as one of the Top Ten Jury Trial Defense Awards in 2007.
Baja California Growers v. California Tomato Commission: Represented a group of Mexican growers who challenged the constitutionality of the California Tomato Commission’s practices of charging assessments on tomatoes imported into the State of California. Result: case settled the California Tomato Commission submitted and procured passage of special legislation to exempt all Baja California growers from future assessments.
Mexican Tequila Manufacturer & Exporter Represented a large Mexican tequila manufacturer in a shareholder/corporate dispute concerning the ownership and control of a U.S. beverage distribution company and trademark rights. Case settled with Mexican manufacturer retaining ownership of the U.S. distributor and the disputed trademark rights.
International Arbitration Against Foreign Sovereign: Represented two U.S. companies against foreign sovereign for breach of a series of international license agreements. Devised litigation strategy, hired and managed foreign counsel in filing of an international arbitration proceeding in Europe. Lead counsel in litigation and settlement. Result: case submitted to mediation in Europe and resulted in a multi-million dollar settlement agreement.
Hotel Franchise Litigation Have served as lead counsel for various Hotel operators and chains in Mexico and the United States contractual disputes with major hotel flags and brands.
Counsel for Sea World Inc.: Defense counsel of Sea World Inc. for the defense of all liability claims for over ten years. Have defended a broad array of tort claims, assisted client in development of accident investigation and avoidance practices and successfully defended a large number of matters.
Software Litigation Have served as outside litigation counsel for an Illinois based Enterprise Resource Planning software company since 2001 and have both defended and prosecuted breach of contract, breach of warranty and related claims in a number of different states. Have also assisted the company in drafting its software license, consulting and maintenance agreements and accompanying protocols concerning software installation, implementation and consulting services.
Trade Secret Litigation: Have represented a number of different companies and from different industries enforce and defend non-compete and confidentiality agreements.
Unfair Competition: Have represented both employers and former employees in litigation concerning the enforceability of non-compete agreements in a number of different jurisdictions.
Construction Matters: Counsel to large multi-state concrete pumping company in general litigation matters, asset sales and purchases, contract enforcement and mergers and acquisitions.
Other Experience: The firm has served as lead counsel on a wide number of other matters including: the representation of U.S. stockbroker in a breach of contract/breach of fiduciary duty claims against a large U.S. brokerage; representation of individual shareholders/members of closely held companies in shareholder disputes and all manner of commercial contractual disputes.

CROSS BORDER MEDIATION & ARBITRATION

IPG’s attorneys have extensive experience in handling both transactional and litigation matters on both sides of the border, in two languages and over 25 years of combined experience of representing both Mexican nationals and U.S. companies in their cross border matters creates a unique skill set that allows our attorneys to effectively communicate and manage mediations and arbitrations that involve unique cultural, cross border legal issues.