Practice Areas

At the heart of every successful business is proper governance. We represent stakeholders seeking to protect and defend their investments through the court system. This often means litigating claims of breach of fiduciary duty, conflict of interest, fraud, conversion, and attempts to seek the appointment of a receiver, a provisional director, dissolution, and, in some cases, a sale or buy-out. 

We also advise and help form business entities, in addition to offering corporate concierge services, including maintaining ownership certificates, meeting minutes, records of bylaws, partnership agreements, and operating agreements.

Commercial disputes principally arise from a contract or some other form of written or oral representation. The process of entering into a legally binding agreement is fraught with pitfalls that can result in unmatched expectations when things don't go according to plan. 

We draft, negotiate, and review contracts to ensure our clients are receiving the terms they require and making educated decisions about their business transactions. 

When damage to a contractual relationship has been done, we step in and try to salvage deals, but when all else fails, we will litigate, including, but not limited to, claims for breach of contract, bad faith (insurance), fraud and misrepresentation, breach of express and implied warranties, unlawful competition and false advertising, interference with contract and economic relations, and more. 

The rapid appreciation of real estate investments over the last decade has fueled the number of real estate transactions, and, inevitably, disputes arising out of those transactions. If you are an investor, property owner, or a tenant, your primary objective is to protect your investment. 

We litigate real estate matters in the context of commercial office leases, purchase and sale agreements, statutory disclosure requirements, quiet title, slander of title, adverse possession, and property damage claims. 

For select matters, we will also review lease agreements and negotiate terms for landlords and tenants alike.

Employment disputes are highly charged, emotional affairs in an evolving area of the law. We focus on the constants—ensuring that our clients are treated fairly and that no one is subjected to harassment, discrimination, or wrongful termination, or unfairly accused of engaging in such conduct. 

We are also familiar with and handle issues arising out of employment contracts, including negotiating parental leave, severance pay, bonus compensation, and non-compete agreements.

A trademark is a distinctive representation, in the form of a symbol or words, used to identify and separate the products or services of a business from another. In the digital age, having a legally recognizable mark is critical to preserving goodwill amongst clients and customers and fighting off imitators.

Tragish Law is equipped to file and prosecute trademark applications with the United States Patent and Trademark Office (USPTO), in addition to helping clients develop and maintain a portfolio of enforceable marks. 

In addition to obtaining and maintaining trademarks, Ben Tragish has successfully prosecuted claims and defended clients in trademark, trade dress, and patent disputes.

Speech has its limits. And when it exceeds the limitations recognized by our courts, it is no longer free.  These days, most defamation claims arise not in the newspaper, but online in the form of social media. A viral video or post can amplify any particular message, rapidly multiplying the number of people who are exposed to any particular statement and generating a groundswell of reaction and response. 

We will represent individuals and businesses who have suffered harm to their reputations as a result of the careless words of others. We also will not hesitate to defend those who are victimized by attempts to silence protected speech, including by invoking California's anti-Strategic Lawsuit Against Public Participation (“SLAPP”) law, where appropriate.  on