Litigation Services

DECADES OF EXPERIENCE

Alioto Legal represents small businesses, consumers, and individuals who have been mistreated or taken advantage of by larger competitors or other corporate entities. We have decades of experience before the state and federal courts litigating on behalf of civil clients and victims of crime.

AliotoLegal

100 Pine St., Ste. 1250
San Francisco, CA 94111

Antitrust & Unfair Competition

Alioto Legal is dedicated to protecting and fighting for businesses and consumers who are harmed by large companies that abuse their market power. Often this harm is felt when small or medium-sized businesses or consumers pay higher-than-competitive prices. But businesses can also suffer injury when their large competitors prevent them from accessing markets, when their anticompetitive supplier refuses to sell or service its products, when dealers are unfairly terminated by a manufacturer, or when businesses’ ability to compete is otherwise threatened. Plaintiffs in such cases, who pay higher prices, lose profits, or lose the value of their businesses, can be awarded three times their actual damages.

Alioto Legal litigates cases on behalf of plaintiffs in cases involving price fixing, monopoly, attempted monopoly, refusals to deal, price discrimination, bid rigging, group boycotts, tying arrangements, and companies’ refusal to sell to certain customers (divisions of markets or customers among competitors). Alioto Legal’s principal, Joseph Alioto Jr., has litigated federal Sherman Act and Clayton Act cases, as well as California Cartwright Act and Unfair Competition Law (“UCL”) cases in the pharmaceutical, banking, computer parts manufacturing, HVAC, LCD displays, freight railroads, airlines, trucking, food, software, and beer industries, among others. His practice includes cases before the Supreme Court of California, the Second Circuit, Sixth Circuit, Eighth Circuit, and Ninth Circuit Courts of Appeals. In 2010, he was named California Lawyer’s Attorney of the Year in antitrust law for successfully defeating over 20 of the world’s largest pharmaceutical companies on behalf of a group of small, independent pharmacies at the Supreme Court of California.

How do you know if you have suffered competitive harm?

If the prices you are paying for products or services are higher than they would be in a competitive market, you may be the victim of a price fixing conspiracy. Agreements among competitors to fix prices are unlawful. It is also illegal for competitors to agree to reduce their supply or output, which indirectly increases prices. Competitors who agree how—and whether—to make bids for contracts also violate the law.

When large companies control a market (i.e., they have a significant market share), they are prohibited from using that power to destroy competition, increase prices, exclude competitors, or leverage their power to control a second market. If you compete against, sell to, or purchase products from a monopolist, you may have a claim if you have been treated unfairly.

When two companies merge and become a single massive competitor in the market, their merger may be unlawful and can be stopped if it substantially lessens competition or creates a monopoly. Alioto Legal has been involved in a number of merger challenges on behalf of consumers, including merger in the beer and airline industries.

If you or your company has been treated unfairly by one of your competitors, suppliers, or manufacturers, call us to discuss your case.

Business Torts

When competition flourishes, firms innovate, produce better products, and charge competitive prices. But too often, businesses play unfairly and try to destroy their competitors through unlawful means. If one of your competitors has sought to disrupt your customer relationships, unfairly undermined your brand, disparaged your service, stolen your IP, or committed fraud, you may have a business tort claim. Business torts often go hand-in-hand with unfair competition violations, and Alioto Legal has decades of experience fighting large corporate entities that try to eliminate their upstart competitors. Alioto Legal can help you assess whether you have a viable claim for:

A competitor can wrongfully interfere with your customers in a number of ways. If it knowingly induces a customer to breach its contract with you, the competitor can be liable for damages. A competitor can also wrongfully interfere with customers that do not have a contract with you. This form of interference, called “interference with prospective economic advantage,” must be accompanied by other wrongful acts, like unfair competition, but is still a powerful tool under California law. Depending on the circumstances, interference with your prospective customers can be unlawful, whether the acts are intentional or negligent.

If a person or business representative makes false statements about the quality of your product or service or implies that you are dishonest or incompetent, you may have a case for trade libel or defamation.

Fraud occurs when a person or business makes a false representation (or fails to disclose a material fact) with the intent to induce your reliance on that misrepresentation. If you rely on the misrepresentation to your detriment, you may have a claim for fraud.
If a company misappropriates your assets, whether tangible or intangible (e.g., trade secrets), you may have a claim for conversion.

Breach of Contract

When firms fail to live up to their promises, the resulting uncertainty can destroy your business. Usually contracts between businesses are written documents, but they can also be implied or even verbal promises. If a contract has been formed, the other party broke its promises, and your business suffered as a result, you may have a claim for breach of contract. Contract breaches between businesses can be complex, and Alioto Legal can help you assess whether you have a viable claim.

Whistleblower Law / False Claims Act

There are a vast number and variety of corporations that receive payments from the United States through government contracts. These corporations sometimes commit fraud by submitting false claims to the government and cheating taxpayers. Whistleblowers, often employees within the corporation, play an essential role in preventing this corporate fraud. Courageous whistleblowers refuse to go along with a plan they know to be unethical, even when the fear of corporate retaliation is strong. Alioto Legal proudly represents whistleblowers, fights the corporations who audaciously retaliate against whistleblowers, and combats corporate fraud.

Internal Investigations

As a federal prosecutor, Joe led teams of lawyers and FBI agents in large-scale investigations against some of the nation’s most dangerous criminal organizations. He has interviewed, interrogated, and examined hundreds of witnesses in grand juries and before the courts. Joe tenaciously and independently seeks the truth, no matter where it may lead. If your company requires assistance with sensitive internal investigations of any type, Alioto Legal can help.

“My family and I are so grateful to have found Joe. Through his advocacy efforts thus far, he has shown that he operates with a high level of integrity. He is knowledgeable, responsive, and truly genuine in his actions. Thank you Joe, for all you have done.”

Alysia G.

“Joe Alioto is an absolutely fantastic attorney. From the very beginning he has been more than just professional, he is informative yet he is addressing a traumatic situation with compassion. Joe is tenaciously following through with every avenue available for my case. If you want a lawyer that you can confidently feel will actually fight for you, this is your attorney.”

Christy C.

Let’s Go

Contact Alioto Legal today. Together, we will protect your rights—no matter how big your opponent may be.