Insurance & employment litigation · California & Nevada

Home / Practice areas / Commercial litigation / Trials, arbitration and appeals

Commercial · Trial work

Trials, arbitration and appeals

Most business cases settle, and the ones that settle well are usually prepared as if they were going to trial. Fernald & Zaffos tries cases to jury verdict and arbitration award in California and Nevada, and defends those results on appeal.

Leads this practice

Brandon C. Fernald · Founding Partner

Lead trial counsel in jury trials in Los Angeles Superior Court. Admitted in California, Nevada, North Carolina and Illinois.

Leads this practice

Adam P. Zaffos · Partner

More than 25 years of complex litigation, including business litigation and unfair competition matters. Admitted in California.

Trials

The firm has tried cases to verdict in Los Angeles Superior Court, including two-week and five-day real estate fraud trials and a three-day employment trial. Prior results do not guarantee a similar outcome.

Arbitration

Many commercial contracts require arbitration. We have prevailed on all claims in a three-day commercial arbitration and have moved cases into arbitration when clients’ agreements called for it. Arbitration awards are hard to overturn, so preparation for the hearing matters more than in court.

Appeals

Gina McCoy, of counsel to the firm, spent five years at Horvitz & Levy, a civil appellate firm, and has briefed and argued appeals in the Ninth Circuit and the California Courts of Appeal. We have defended a trial judgment that the Court of Appeal affirmed in its entirety, and obtained a reversal sending a former employee’s suit to arbitration.

Deadline

Appeal deadlines are short and strict

In California, a notice of appeal is generally due 60 days after notice of entry of judgment and no later than 180 days after entry (Cal. Rules of Court, rule 8.104). In Nevada, it is generally due 30 days after written notice of entry (NRAP 4(a)).

Commercial results

Commercial appeal · Appeal

Affirmed in full

Court of Appeal upheld our client’s judgment on a personal guarantee

California Court of Appeal, Second District

Employment arbitration · Appeal

Order reversed

Court of Appeal sent a former employee’s wrongful termination suit to arbitration

California Court of Appeal, Second District

Commercial contract · Arbitration

Prevailed on all claims

Enforced a no-hire clause for a national hospital staffing company

Three-day arbitration

Prior results do not guarantee a similar outcome.

Common questions

Don’t see yours? Call (323) 410-0300.

Do you take business cases to trial?

Yes. Our attorneys have tried cases to jury verdict and arbitration award. Prior results do not guarantee a similar outcome.

Can an arbitration award be appealed?

Only on narrow grounds, such as fraud or an arbitrator exceeding their powers. Arbitration results are usually final.

How long do I have to appeal?

In California, generally 60 days from service of notice of entry of judgment. In Nevada, generally 30 days from written notice of entry. Missing the deadline ends the appeal.

Do you handle appeals of cases you didn’t try?

Yes.

Related

Practice page

Claims and defenses when a deal goes wrong.

Practice page

Disputes among partners, shareholders and members.

Case study

A $7.7 million verdict and judgment after a two-week trial.

Results

Verdicts, arbitration awards and appeals.

The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

Get your case reviewed

An attorney will get back to you promptly. Have the contract, any demand letters and court papers handy if you have them.

Name and a description are required. Give us a phone number or an email, whichever you prefer.

Contacting the firm does not create an attorney-client relationship. Please don’t send confidential details until we confirm there is no conflict.

Thank you. Your message was sent.

An attorney will get back to you promptly. If your matter has a deadline this week, call (323) 410-0300.


What happens after you send it

01

We reach out

An attorney reads your message and contacts you promptly to set up a free consultation.

02

We review your situation

We go over the facts and any documents you share, and check for conflicts.

03

We talk through your options

We explain where you stand and the paths forward, so you can decide what to do next.