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Ward

Robert Charles Ward

Partner

Ward
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Areas of Expertise

  • Litigation
  • Fiduciary Duty, Shareholder & Partnership Disputes
  • Real Estate Disputes
  • Construction Disputes
  • Intellectual Property Disputes
  • Overview
  • Experience
  • Activities
  • Publications
  • News

Robert Ward has substantial arbitration and trial experience and delivers practical advice and economical solutions to clients. He draws on that experience to help clients resolve complex disputes efficiently, whether through negotiation or litigation.

Robert draws on his litigation experience to help clients resolve disputes , whether through negotiation or litigation, as efficiently and cost-effectively as possible. He recognizes that each case has its own unique facts and client motivations and approaches litigation with flexibility. When disputes cannot be resolved quickly, he is at home in the courtroom or arbitration forum and committed to securing favorable outcomes.

His practice spans a wide range of commercial litigation, with a focus on the real estate and investment management industries. His clients include real estate investment and management companies, real estate and renewable energy developers, investment management companies, investment funds and private investors, manufacturers and distributors, development stage companies, lawyers and a Native American tribe.

Robert handles disputes involving entrepreneurs, company founders, new companies, growing businesses and distressed businesses. His work includes conflicts among partners or shareholders, corporate governance disputes, trade secrets disputes, wrongful termination claims, disputes arising out of mergers and acquisitions, buyout disputes and dissolutions. He also has experience with all forms of business entities, including corporations, partnerships and limited liability companies, giving him a strong command of the legal frameworks and organizational documents that govern each. Robert has handled disputes throughout the lifecycle of a business, from early-stage growth to liquidity events to dissolutions.

One other facet of Robert’s practice is a focus on “business divorces” — helping clients separate from companies or investments, or helping companies resolve conflicts with difficult investors. He regularly advises partners, shareholders and members on legal exit strategies, including dissolution, dissociation or contractual withdrawal rights. Robert is one of the firm’s leading attorneys in matters involving Corporation Code section 2000, and he has particular experience working with appraisers and handling valuation disputes.

Robert’s real estate work includes landlord-tenant disputes, disputes over purchase and sale contracts, partnership dissolutions, broker disputes, construction disputes, secured transactions and breach of fiduciary duty and corporate governance claims. His experience litigating over nearly every phase in the life of real estate developments gives him an understanding of, and ability to navigate, the common stresses, likely spheres for disagreements and avenues to dispute resolution for real estate projects.

Additionally, Robert has extensive experience handling investment management disputes, including partnership disputes, investor claims, employment claims and other problems arising for investment management companies. His representations are usually on the side of the investment manager, and his experience gives him sensitivity to what often worries investment managers beyond the scope of the dispute at hand.

Arbitration

A large part of Robert’s practice involves contracts that require disputes to be resolved through arbitration. Many of his clients – real estate developers, company founders, investors, LLC managers and investment managers – choose arbitration to resolve disputes privately and efficiently. While Robert enjoys litigating in court, and achieved strong outcomes in bench trials, jury trials and settlements, approximately three-quarters of his cases are resolved in arbitration.

He has significant experience with nearly all major arbitration venues, including JAMS, the American Arbitration Association, the International Chamber of Commerce, ADR Services and Judicate West. More than in court, effective arbitration demands flexibility, creativity and sustained attention to detail – qualities Robert brings to every matter.

Education

University of California, Berkeley School of Law; J.D., 1992

University of California, Berkeley; B.A., History, 1985

Bar Admissions

California

Experience

  • Successfully represented the founder/management group of a solar development company against private equity investors, with control over the company and a $1 billion+ pipeline of projects in the balance.
  • Shocking Technologies, Inc. v. Michael, Delaware Chancery Court. Defended investor and director against breach of fiduciary duty claims.
  • Plunkett v. Access Luxury Partners, LLC, et al., Alameda Superior Court and JAMS arbitration. Defended a real estate developer against breach of fiduciary duty, breach of contract and other claims by investor.
  • Heinrichs v. Vicor Founders, LLC, San Mateo Superior Court. Represented investor in dispute over distribution of excessive reserves held after liquidity event.

  • RHA Properties v. Menlo Capital Group. Lead trial counsel for plaintiff municipal joint powers authority in dispute over sale of residential project involving issues relating to escrow holdback and claimed seller nondisclosures.
  • 7th Street I, LLC, et al. v. Agenus West, LLC, et al. Lead counsel for landlord in a Section 1951.4 lawsuit against a tenant. Won dispositive motions and writ of attachment.
  • Won JAMS arbitration, defending seller of commercial real estate against nondisclosure claim.
  • Won JAMS arbitration on behalf of investor in a real estate LLC to enforce distribution provisions in an operating agreement.
  • Penna v. Ergur, San Mateo Superior Court. Defended borrower against claim by a lender that was barred by California anti deficiency statutes.
  • Successfully litigated many unlawful detainers and other landlord-tenant actions.

  • Elijah v. RS Investments, JAMS arbitration and San Francisco Superior Court. Lead trial counsel for an investment management company, a mutual fund company and its board of trustees in multiple venue series of disputes arising out of a subadvisor relationship for a mutual fund. Successful defense of $70 million+ claim in arbitration and a successful settlement midway through the jury trial in San Francisco Superior Court.
  • Represented the seller/founder of an investment management firm in a JAMS arbitration against the buyer following the sale of the business.

  • OLC v. Dettmer, JAMS. Represented a property owner in a dispute over valuation under an option agreement.
  • Dereschuk v. Dereschuk, Contra Costa Superior Court. Represented a spouse in a marital dissolution, handling the phase of the trial that decided the eight-figure valuation of an investment management business.
  • Kindrachuk v. NorCal Urology ADR Services. Represented a medical practice partnership which prevailed in a buyout dispute with a departed founder.

  • Kenwood Investments No. 2, LLC v. Federated Indians of Graton Rancheria. As part of a trial team, successfully defended an Indian tribe in a contract dispute decided by a JAMS panel of three arbitrators.
  • JY Industries v. Liu, Alameda Superior Court. Lead trial counsel for plaintiff and cross-defendants in a complicated case involving claims of conversion, breach of trust, breach of partnership agreement and wrongful termination, among others. Secured a $23 million+ jury verdict and judgment, which was collected in full.
  • Kam Hing v. Walmart, et al., United States District Court, Southern District of New York. Represented distributor in a copyright case.
  • Architectural Dimensions v. Sweiss, et al., Contra Costa Superior Court. Successfully defended a client against corporate alter ego claims.

Activities

  • American Bar Association
  • Association of Business Trial Lawyers
  • San Ramon Valley Little League
    • Former coach, umpire, Board Member and Umpire in Chief
    • Inducted into San Ramon Valley Little League Hall of Fame

Publications

  • Breaking Up Is Hard to Do: A Primer on “Business Divorce” Litigation for Transactional Lawyers July 21, 2015 | California Business Law Practitioner

Additional Publications

  • “The Spirits Will Leave: Preventing the Desecration and Destruction of Native American Sacred Sites on Federal Land,” 19 Ecology Law Quarterly 795; 1993.
    • Winner of the 1992 Ellis J. Harmon Environmental Writing prize.

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