Business Litigation

shutterstock_80686582Are you facing a breach of contract claim or trying to resolve a business dispute?  Are you an individual defendant in a lawsuit?  Or does your company need to pursue a fraud case or defend itself in a class action? Allegations involving brokers, insurers, employers, and partnerships are just some examples of civil litigation cases we handle.  Cross Prescott APC is a boutique litigation firm, which provides high-quality representation at affordable rates.

Why Hire Us?

Clients hire us when they need top-notch, “Big Firm” representation at boutique-firm rates.  Before founding Cross Prescott APC, our shareholders spent years representing Fortune 500 companies in multi-million-dollar lawsuits at some of the best law firms in the world – Latham & Watkins LLP and Cooley LLP.  We have extensive experience with every stage of the litigation process, including managing heated discovery disputes, complex motions, hearings, oral arguments, and trials.  Our rates are affordable.  Yet, the quality of the work we produce is superb.  Our training, work ethics, and dedication make us particularly suitable to handle business litigation matters on behalf of individuals and companies, regardless of the size of the case.

Representative Writing & Motion Experience

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  • High success rate of winning motions and oppositions
  • Experience handling virtually every type of non-dispositive and dispositive motions
  • Substantive appellate briefs and writs in state and federal courts
  • Extensive writing and appellate training
  • Mr. Cross and Ms. Prescott are award-winning book authors
  • Ms. Prescott published over a dozen of scholarly and expert-advice articles
  • Ms. Prescott’s law review articles are cited with approval by legal scholars across the country
  • Mr. Cross authored numerous articles on emerging legal issues and trends
  • Two of Mr. Cross’s cases resulted in favorable reported decisions

Examples of Litigation Matters We Handle

  • Professional representation of brokers, managers, CEOs, Directors and Officers, and other executives
  • Partnership and contractual disputes
  • Defense of class actions for small and mid-size businesses and larger companies
  • Cases involving alleged violations of section 17200 et seq. of California Business & Professions Code
  • Employment class action defense
  • Business negligence and premises liability
  • Insurance coverage / bad faith litigation on behalf of policyholders
  • Shareholder derivative and direct actions
  • Securities arbitrations and commercial arbitrations
  • Trademark claims, trade dress claims, and copyright claims
  • Fraud claims, including securities fraud
  • E-commerce litigation
  • Complex litigation matters, unique legal issues, and unusually complex dispositive motions
  • Almost all other types of general and commercial litigation matters

Representative Trial Experience   

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  • B.B. v. W.K, (San Diego Superior Court, 2013).  In this factually complex trial, Ms. Prescott represented the plaintiff.  At trial, both sides presented testimony of 10 experts and numerous other witnesses.  Ms. Prescott second-chaired this trial with another prominent San Diego trial lawyer.  After a highly-contested 7-day trial and 1 day of deliberations, the jury returned a significant verdict in our client’s favor.
  • In re Jeffrey R., (El Cajon Superior Court, 2012).  Ms. Prescott was the lead trial counsel in this 4-day jury trial.  She singlehandedly tried this case, which involved a complex and novel defense theory and 11 witnesses.  She presented a winning opening statement and closing argument, conducted voir dire, cross-examined 6 defense witnesses, including the defendant and his medical expert.  She further conducted direct examinations of 5 witnesses.  The jury sided with Ms. Prescott’s client, returning a guilty verdict after deliberating for only 30 minutes.*
  • In re David G., (El Cajon Superior Court, 2012).  In this 3-day jury trial, together with her co-counsel, Ms. Prescott prosecuted a defendant for various violations involving illegal driving activity.  Ms. Prescott obtained a favorable ruling on a highly contested motion and delivered a rebuttal closing argument.  The jury returned a verdict after deliberating for just 1.5 hours, convicting the defendant on one count.*
  • In re David H., (El Cajon Superior Court, 2012).  In this case, Ms. Prescott was the lead trial attorney seeking prosecution of an alleged drunk driver following a prior mistrial.  She prepared the case for trial and researched and drafted a comprehensive trial brief and numerous motions.  She also argued and won various motions in limine.  The case settled favorably before opening arguments.*
  • Fluor Corp. v. Hartford Ins. Co., (Orange County Superior Court, Complex Division, 2011).  Ms. Prescott was one of the key members of the pre-trial team in this multi-million-dollar coverage matter.  She assisted in preparing and filing the amended complaint, motions, and appellate writs.  She also worked extensively on numerous discovery issues, interviewed and prepared trial witnesses, and conducted trial-related research and investigations prior to trial.*
  • Miller vs. Chicago Title Insurance Co., (San Diego Superior Court, 2009).  This complex-litigation matter went to trial in 2009, as a result of alleged dishonest acts by one of the company’s employees.  Ms. Prescott assisted with deposing, defending, and preparing numerous witnesses and key documents for trial.  She also drafted various trial-related motions and extensive discovery.*
  • In re Conservatorship of Brenda P., (San Diego Superior Court, 2006).  Ms. Prescott co-chaired this 3-day jury trial, seeking conservatorship for a young woman who posed danger to herself and others.  The trial involved a challenging and emotionally-charged setting, including preparing and examining the defendant’s own mother and her treating psychiatrist.  Ms. Prescott examined numerous witnesses at trial, argued and won highly contested motions in limine, and delivered a winning closing argument to the jury.  The jury returned a verdict in her client’s favor after less than 2 hours.*

Representative Litigation Experience

  • Insurance coverage dispute involving over $100 million dollars at stake (Natalie Prescott, on behalf of Plaintiff).*
  • Complex business litigation matter in a federal court, involving breach-of-contract, misrepresentation, breach-of-partnership agreement, and fraud claims.  The case settled favorably to his clients after Mr. Cross successfully opposed a challenging motion for summary judgment.  (Oleg Cross, on behalf of Plaintiff).
  • Complex business litigation matters in state courts, involving allegations of fraud, misrepresentation, and breach of contract.  (Natalie Prescott, on behalf of various defendants).*
  • Employment class action alleging wage-and-hour violations (Natalie Prescott, on behalf of Defendant)
  • Employment class action involving alleged misclassification and overtime violations (Natalie Prescott, on behalf of Defendant).*
  • Securities class actions, including shareholder derivative suits, direct actions, and other actions (Oleg Cross; Natalie Prescott).*
  • Litigation matter involving a successful demand of full insurance policy limits (Oleg Cross, on behalf of Plaintiff).
  • Representation of individual executives in cases involving allegations of wrongful termination, emotional distress, and breach of employment agreement.  (Natalie Prescott).*
  • Major appellate matters, including amicus briefs, writs, and appeals on behalf of corporate clients.  (Oleg Cross & Natalie Prescott).*
  • Numerous cases involving alleged violations of California Business & Professions Code section 17200. (Oleg Cross & Natalie Prescott, on behalf of various corporate defendants).*
  • Defense of a copyright infringement claim on behalf of a motion-picture studio and a renowned Academy-Award-winning director.  (Natalie Prescott).*
  • Prosecution of a copyright infringement and trade dress claims on behalf of famous skincare manufacturer.  (Natalie Prescott).*
  • Defense of a trade-dress infringement matter in a federal court in Los Angeles involving designer handbags of a large retailer.  (Oleg Cross).
  • Defense of a copyright infringement matter in a federal court in San Diego involving allegedly illegal file-sharing.  (Oleg Cross).
  • Defense of multiple class actions against auto manufacturers involving breach of contract, section 17200, product liability, and other state and federal claims.  (Natalie Prescott, on behalf of several automakers).

*Selected cases in which Ms. Prescott or Mr. Cross played key roles, and which were all litigated before founding Cross Prescott APC

Federal Practice   |  Appellate Law   |   Business Litigation   |  Class Actions   |   Whistleblower Litigation   |   Insurance Coverage

                                             
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