- Wrongful DeathFailure of emergency room doctor and hospital to properly medicate patient with aortic rupture causing wrongful death of 57 year old married father of two. Case settled just prior to trial for confidential amount.
- Theft
- Business DisputesThe number of issues that can lead to a business dispute are limitless. Even the types of disputes that come up again and again, such as business contract disputes, can come with an infinite number of variations. These disputes can turn complex very quickly. You need an experienced attorney who can recognize all the nuances in your situation and chart a successful course to a positive and cost-effective resolution. Attorney Matt Wertheim has represented claimants ("plaintiffs") and defendants in business disputes in San Francisco and the greater Bay Area since 1987. We have achieved success in the most complex and challenging cases, and we welcome the opportunity to help you.
- Business TransactionsGreat entrepreneurs have fantastic ideas. Smart business people make sure that their business is set up correctly, rights preserved, and contracts established for all crucial business transactions. Whether in starting up, or later when a dispute arises, some of the best Bay Area business people/entrepreneurs enlist the assistance of Matt Wertheim & Associates. We work closely with our clients and take the necessary steps to really get to know our clients' businesses so that we become an integral part of your team.
- Construction ContractsMost construction contracts set out the manner in which disputes are to be resolved. Usually, those contracts call for use of a means other than litigation, such as arbitration or mediation to resolve the particular dispute(s). Matt Wertheim has handled and helped resolve scores of construction disputes as an advocate and as a mediator.
- Trade Secrets
- Workers CompensationMatt was the general counsel for a small insurance company accused of negligence related to the placement of a worker's compensation bond. Matt assisted the client by formulating and making the initial notice of claim; associating with outside counsel to file a federal court declaratory relief action when the claim was denied; to the successful reversal/positive outcome in the Ninth Circuit Court of Appeals, and finally to the negotiation of the client's claim for bad faith and attorney's fees.
- Wrongful TerminationWhen a talented employee leaves his/her place of employment and attempts to compete with his/her former employer, the former employer often tries to prevent the ex-employee from competing, taking old clients or soliciting/competing based on the use of alleged "trade secrets." If a worker is harassed by her co-worker or supervisor/employer this can often lead to claims of sexual harassment, discrimination, or wrongful termination. If an employee fails to get required meal or rest breaks, this too can lead to litigation. These are just some examples and types of cases that an employer or employee needs the assistance and advice of an experienced attorney.
- Employment Contract
- Employment Litigation
- Non-compete AgreementRepresented both consultants, independent contractors, and businesses in the drafting, negotiation, and preparation of severance packages, non-compete agreements, etc.
- Severance Agreement
- Sexual HarassmentMany businesses should consider purchasing what is called Employment Practices Liability Insurance (EPLI). In today's world, smart business owners must have coverage in the event an employee brings a claim for discrimination, wrongful termination, or sexual harassment. Such lawsuits can be demoralizing, debilitating, and extremely expensive to defend. Like worker's compensation insurance, many businesses consider EPLI as essential coverage.
- Premises Liability
- Construction LitigationThe construction contract is the written document that sets out the rights and responsibilities of each party to the agreement. It is important that you read this document carefully, and that you understand all of it before signing it. The legal consequences may not be obvious, so it is important to have a lawyer review it for you to highlight specific “red flags.” Often compromise, negotiation, and editing is necessary so you are certain that this truly is the agreement you want to make. If it is not, you should not sign the agreement unless the changes you want are made. You will be legally bound by this contract, and it is no defense to say you did not read it or understand it. Hiring an experienced attorney like Matt Wertheim to help negotiate terms is something you should consider before signing the contract, and not later after you are in a dispute. There are lots of alternatives for such agreements like “time & materials” or a “fixed price,” just to name one of the big issues that come up for these construction agreements.
- Real Estate TransactionsMatt represents sellers, buyers, lessors, and lessees. We assist clients in resolving residential and commercial disputes and we zealously advise and guide buyers & sellers to achieve the client’s real estate goals. Matt has reviewed, drafted, revised, edited, and negotiated hundreds of leases, purchase agreements, easements, encroachment agreements, deeds, notes, and all other documents that are part and parcel in many Real Estate transactions. We resolve and/or litigate claims for breach of contract; failure to disclose material defects during residential purchases; encroachment/trespass, and the wrongful cutting down of trees.
- Landlord-Tenant DisputesMatt has represented commercial and residential lessors and lessees in disputes involving lease interpretation, declaratory relief, options, fair market value, breach of lease terms, and eviction.
- Personal InjuryIf you or someone you know was injured because of a defective condition on public or private property (such as a defective sidewalk, broken stairs, etc.), and the owner of the property knew or should have known of the defective and dangerous condition, then you need a great Bay Area Personal Injury Attorney like Matt Wertheim to represent you in your claim for damages.
- Medical MalpracticeOne type of professional negligence is when a doctor makes a “mistake” with regard to the treatment and/or diagnosis of a patient. An obvious example would be if a patient went into the hospital to have her left leg amputated and the doctor mistakenly cuts off the patient’s right (good) leg. In such a case, the doctor (and her insurer) would quickly settle the claim, because the mistake, or negligent act, was obvious and no expert could defend such a mistake. However, in most medical malpractice claims the facts fall into more of a gray area wherein experts can often disagree as to whether there was malpractice.
- Auto Accidents