Trade / Antitrust / Unfair Competition

Intricate federal and state antitrust laws and trade regulations require that contemporary businesses know their legal rights and obligations in a competitive market place. Our lawyers have handled complex matters including claims of refusals to deal, bundling, price-fixing and illegal monopoly conduct. The firm provides strategic client guidance and planning to avoid antitrust claims in business marketing plans, affiliations and contracting practices. We also assist our clientele in challenging unfair competitor practices.

Our lawyers have litigated the following representative Trade Regulation, Antitrust and Unfair Competition cases:

Successfully defended claims and achieved recoveries in a number of cases brought under the California Unfair Business Practices Statute.
Participated in an aggressive defense to an antitrust and patent infringement lawsuit involving damages exceeding one billion dollars.

Transactional Practice

Providing a Full Spectrum of Commercial Contract Services & Corporate Law (Creating Entities and Fulfilling Requirements)

McGuinness & Associates creates contracts for construction, financial and commercial use. Our quality service emanates from an understanding of our clients' specific expectations and an ability to articulate those expectations into a contract document. Our lawyers then strive to anticipate potential issues, which can be avoided or overcome by effective contract terms including specific performance requirements, effective payment rights, issues of time or urgency, remedies for performance failures, warranties, confidentiality, indemnities, arbitration rights, litigation location, recovery of litigation expense and operational terms specific to the subject transaction.

This firm can provide a wide array of contract documents, including contracts for construction development and building, contractor engagements, subcontractor engagements, partnerships, investor groups, corporate operating terms, product distribution, employment engagements, lease terms, land purchases and business entity purchases.

Firm lawyers also review contracts proposed by third parties. As when drafting an original document, the analysis of a proposed third party contract begins with a clear and detailed understanding of the client's expectations. Our lawyers can then ensure that the proposed contract comports with those client expectations. The impact of proposed third party contracts are then carefully discussed with our clients to ensure their understanding of terms posing potential risks and discourse. When appropriate, this firm offers proposed changes to third party contracts. Our firm can then negotiate to incorporate those proposed changes or reasonable alternative terms into a final contract document.

In our corporate practice, our lawyers draft documents to create corporate entities, prepare requisite corporate filings and maintain corporate records. Clients are sufficiently informed to know the nature of potential corporate forms among which to choose and thus better understand the effects of each potential corporate form on both business obligations and tax liabilities.

Our clientele are well informed of the rules and maintenance requirements for the entity form which is selected to best serve their distinct needs. We both inform our clients of corporate business requirements and offer record maintenance services to ensure that advantageous corporate privileges remain intact and liability protections remain viable.