- Trader Joe’s Chain & Mexican Specialty Vegetable Farmer: Served as lead trial and litigation counsel for all defendants. Issues tried to the jury included a partnership dispute, breach of contract, conspiracy and fraud, tortious inference with contract, intentional and negligent interference with contractual relations, intentional and negligent infliction of prospective economic advantage and punitive damage claims. Matter tried to state court jury over the course of six weeks. Plaintiff sought $9 million in compensatory damages and 10 million in 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. [Marcie’s Inc. v. Martinez & Trader Joes, Case No. BC325177]
- Nevarez v Diaz. Represented Plaintiff in a five day jury trial in San Bernardino Superior Court personal injury claim. Prior to trial Defendants’ offered $20,000 in settlement. Judgment obtained for over $500,000 plus costs and expert fees. [Nevarez v. Diaz, Case No. CIVDS1103842.
- 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, mediation and settlement of staged buyout of the licensing rights.
- 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 including 2009 defense verdict Federal Court jury trial. [Magnuson v Sea World Inc. Case No. 3:07-CV-1322.
- Software Litigation. 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. Represented the company prosecute copyright infringement claim in Federal District Court and Central District Bankruptcy Court.
- Trade Secret Litigation. Represented a number of different companies and from different industries enforce and defend non-compete and confidentiality agreements.
- Unfair Competition. Represented both employers and former employees in litigation concerning the enforceability of non-compete agreements in a number of different jurisdictions including California, Texas, Oklahoma, Illinois and Arkansas.
- Trademark Infringement Litigation. Served as lead counsel for in Federal Court trademark infringement claim against larger European conglomerate.
- Construction Matters. Counsel to large multi-state concrete pumping company in general litigation matters, asset sales and purchases, contract enforcement and mergers and acquisitions.
- Personal Injury Matters. Represented numerous plaintiffs prosecute personal injury claims to successful resolution by trial, arbitration or mediation including: auto accidents, auto-pedestrian, bicycling accidents, slip and falls, elder abuse and medical malpractice.
- 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.
OUR LITIGATION PHILOSHOPHY
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 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 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. We practice what we preach: that a lawyer can disagree without being disagreeable and that communication and dialogue furthers understanding. While we practice what we preach there are situations sometimes client driven, sometimes attributable to opposing counsel where this approach is not reciprocated and/or not productive in which case we are dogged, steadfast and tough.
Litigation efforts are managed by Guillermo Marrero who has been in practice in Southern California for over 34 years. Mr. Marrero is an AV rated lawyer and has been recognized as top rated lawyers in Southern California by the American Lawyer. Mr. Marrero has served as lead counsel in a number of jury trials and arbitrations 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, Florida, Colorado, Illinois and Nevada. Our litigation experience and clients is varied and diverse 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
- Representing software manufacturers concerning software product performance, warranty claims, enforcement of consulting, license and service agreements.
- Representing both plaintiffs and defendants in wide array of personal injury claims ranging from industrial accidents, negligence and premises liability claims.
- Counseling a broad range of professionals such as directors and officers of corporations, partners in partnership disputes, shareholders, accountants, tax specialists, brokers and attorneys.
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 34 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.
IPG’s Mexico Real Estate Practice Area specializes in assisting our clients’ structure the sale, acquisition, leasing, financing and development of major commercial and residential properties in Mexico. Read More…
PG’s Mexico Real Estate Practice Area specializes in assisting our clients’ structure the sale, acquisition, leasing, financing and development of major commercial and residential properties in Mexico. Read More…
PG’s U.S. real estate practice area specializes in assisting clients structure the acquisition, sale, leasing, financing and development of commercial, industrial, residential and hospitality properties in the U.S. Read More…