In the business world, contracts control everything from small construction projects up to multi-national lending arrangements between some of the largest financial institutions in the world (and everything in between). EMK is equipped to handle any contract dispute facing our clients, whether it be leases; acquisition and warranty claims; shareholders’ disputes; franchise agreements, or otherwise. EMK is also often involved in the development and creation of complex contractual arrangements for its clients, and is well-versed in many realms of contracting and thus able to quickly and efficiently evaluate new contractual arrangements in order to identify the key strengths and weaknesses from a litigation perspective. Time and time again, EMK is able to take seemingly impossible contract dispute situations and find a prompt and fair resolution, even where our clients’ position is presumptively inferior.
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Whether a project is just getting off the ground or is nearing completion, we are well-aware that problems arise between developers, contractors, subcontractors, sureties, insurance companies, lenders and governmental entities, amongst others. In those situations, our clients turn to EMK to help bring about a prompt resolution (hopefully without litigation) that ensures the project’s continued progress towards completion. In this way, our clients get the value of our years of experience working with projects throughout California and Washington, from small single-site developments up to entire subdivisions, master planned communities, commercial offices and campuses. We seek to keep projects moving, even during disputes, because short term disagreements between interested parties can derail long terms gains those same parties receive upon completion of the project. Our clients have long valued our approach in employing informal resolution techniques, and have long relied upon our counsel in the event that litigation is ultimately necessary to enforce their rights.
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For those clients seeking assistance in navigating the realm of utility development, EMK clients gain counsel versed not only in the intricacies of the bureaucratic machine that is the Public Utility Commission, but also real-world, practical experience guiding clients through the development process (both in terms of traditional utility services and renewable resources, including wind and solar). Sometimes the path to project completion meets hurdles that are beyond the control of our clients. In those instances, it is often times necessary to pursue statutory remedies through the PUC review process where our attorneys advocate on behalf of our client’s position to Administrative Law Judges, Interim Review Panels, and the Public Utility Commission as a whole. Our goal is get projects back on track and completed as intended, which we see as a win-win scenario for all involved.
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EMK has successfully defended manufacturers, distributors, suppliers and end-users (whether on a national, regional or local level) in a variety of products liability claims, involving products ranging from medical devices, pharmaceuticals, industrial equipment and machinery. We have tested experience investigating and resolving claims involving inadequate warnings, unsafe design and manufacturing defects. We pride ourselves on vigorously defending those products liability claims which lack merit, while also recognizing that certain cases should be resolved efficiently and cost-effectively, in order to save the client time, expense and/or potential negative publicity.
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Having the luxury of both litigation and appellate attorneys on staff, EMK can not only try cases to verdict, but also take cases through the appellate court system when necessary or advantageous for our clients.  EMK attorneys have won federal and state appeals, preserving underlying judgments and orders in favor of our clients. Thanks to its capability of representing clients in both the trial and appellate levels within the same firm, EMK saves clients’ time and resources as the attorneys are able to identify and preserve potential appellate issues while the case is still in trial; efficiently assess the merits and likelihood of success of an appeal after trial; handle any and all aspects of the appellate process; prepare appellate writs; analyze the cost-effectiveness of seeking such relief; and consult and prepare amicus curiae briefs when appropriate. EMK’s appellate attorneys routinely represent clients before both federal and state appellate courts. 
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