Nathan D. Wirtschafter
Nathan D. Wirtschafter - Making Your Case in California

Business & Corporate Litigation
 
Civil Litigation
 
Collection
 
International Litigation
 

Professionals

Nathan D. WirtschafterProfile: Nathan D. Wirtschafter

Nathan D. Wirtschafter is a California litigator and the principal of the firm. His law practice encompasses a broad range of business matters, with emphasis on business disputes between principals, civil lawsuits, collections and international litigation.

He provides clients with knowledgeable and effective litigation representation, based on fifteen years of California litigation experience.


Professional Experience

Mr. Wirtschafter represents clients in all facets of civil litigation and is experienced in arbitration, mediation, trial and appellate work.

In a recently resolved case, Mr. Wirtschafter’s clients prevailed against two divisions of a publicly traded company. Two directors were also held personally liable. After a disputed valuation of the minority shareholder’s 49% interest, Mr. Wirtschafter’s clients were eventually awarded over $1 million and defeated a $3 million counterclaim.

The case was tried before a retired Los Angeles Superior Court judge in an arbitration held under the auspices of the American Arbitration Association. After fiercely contested proceedings before the Los Angeles Superior Court, the arbitration award was confirmed. Later, the California Court of Appeal affirmed the judgment in full. The defendants brought the case to the California Supreme Court which, after review of papers, declined to review the judgment.

Other representative cases include:

Business Litigation

  • Represented a health provider owed over $1.1 million; after credible threat of writ of attachment to seize assets before trial, obtained payment in full with interest over several years.
  • Prepared for arbitration hearing by minimizing effect of opposing experts: an opposition’s designated expert on corporate compliance was so battered during his deposition that he did not even testify at the hearing; another opposition expert’s opinion on valuation was wholly disregarded after it became clear on cross-examination that he made numerous entries to his report which he could not cogently explain; and a third expert unsuccessfully attempted to “sandbag” Mr. Wirtschafter’s clients with a report not disclosed until the hearing.  Because this expert had been trapped at his deposition into admitting he was doing no further work on the matter, the expert’s report was excluded entirely.
  • Represented company concerned with unfair competition by former employee and persuaded employee via demand letters and telephone contact to cease using confidential information;
  • Prepared brief to California Supreme Court to successfully argue that Court should not grant cert and reverse judgment netting client over $4 million.
  • Defended Internet services provider from allegations by U.S. multinational company of trademark infringement and dilution; dispute resolved without litigation or payment.

Civil Litigation

  • Prepared moving papers to assist other counsel in obtaining a judgment in excess of $750,000 against an Internet harasser, along with a permanent injunction against further defamatory publications.
  • Prepared brief to Ninth Circuit Court of Appeals to successfully defend judgment in favor of hospital against appeal by foreign insurance company. Case valued in excess of $300,000.
  • Prepared California Court of Appeal brief to successfully defend summary judgment decision in favor of hospital against government entity required to pay for hospitalization of injured minor. Case valued in excess of $300,000.
  • Provided assistance to counsel representing a party whose default had been entered and judgment taken in the amount of approximately $250,000; judgment vacated and matter eventually settled for less than $50,000.
  • Received a mediator’s certificate from the Pepperdine University School of Law, Straus Institute for Dispute Resolution; mediated approximately 20 Los Angeles Superior Court cases.
  • Provided pro bono defense to an elder who had signed papers selling away her home to unscrupulous real estate agent; agent canceled contract and elder retained home.
  • Represented neighbor who had allegedly signed away right to use 1/5 acre of land in high-value Southern California neighborhood for a garden; eventually leading to settlement on eve of trial allowing neighbor to again use disputed land as garden.
  • Ensured tenant access to commercial space after landlord locked tenant out, seizing tenant’s equipment.


Collections

  • Filed rare plaintiff’s motion for summary judgment to pierce corporate veil causing individual defendants to settle on the eve of trial; after defendants refused to pay, obtained information about a pending acquisition of a business; a lien was placed on the transaction, which led to the payment of the six-figure debt in full with interest.
  • Represented party seeking to collect debt and discovered six-figure government checks deposited in personal bank accounts; obtained an order allowing client to review the opposing principal’s individual, private bank accounts; eventually leading to resolution after alter ego liability shown.
  • Represented party seeking payment of debt and located a forged set of articles of incorporation, which had been used by a principal to obtain a business license for a medical corporation; obtained order allowing collection from individual defendant, not otherwise liable, via an ex parte motion without notice to the other side.
  • Provided expert advice to collection attorney to file separate proceeding under California’s version of the Uniform Fraudulent Transfer Act, in order to obtain security over the defendant’s home; leading to settlement for payment of $350,000 with interest.
  • Coached client to recover monies owed in Internet software acquisition; client obtained payment in full without bringing attorneys into dispute.


Our Clients

Mr. Wirtschafter provides California business litigation services for professionals, entrepreneurs, individuals, businesses, startups and companies. Parties he has represented work in the following fields:

  • accounting
  • debt collection
  • defense and military
  • electronic billing
  • fax services
  • film
  • foreign exchange
  • global positioning systems
  • Internet development and services
  • medical
  • nursing homes
  • OT/PT and speech therapy
  • physician medical practice
  • property management
  • real estate
  • software development and servicestranscription

Mr. Wirtschafter’ business litigation practice includes actions concerning breach of contract, negligence, breach of fiduciary duty and fraud. He has uncovered the business torts of fraud and breach of fiduciary duty in a variety of contexts including pre-transaction representations and warranties, real estate, corporate finance and corporate opportunity.

Over the years, Mr. Wirtschafter has developed a specialty in complex debt collection. He has “pierced the corporate veil” on several occasions.  In addition, Mr. Wirtschafter has prepared and defended a number of writs of attachment.

He has provided advice and litigation services on a variety of matters such as:

  • professional negligence (insurance agents/brokers and real estate agents/brokers)
  • defamation
  • legal malpractice
  • business appraisal
  • employment
  • negligence
  • commercial landlord-tenant relations
  • real estate
  • insurance
  • other areas of commercial litigation practice.


Professional Affiliations

Mr. Wirtschafter is a member of the State Bar of California. Mr. Wirtschafter is admitted to both State and Federal Courts in California. He is admitted to practice before the Ninth Circuit Court of Appeals and the California Supreme Court. In addition, he previously served as a mediator on the Los Angeles Superior Court Mediation Panel.


Education

Born in California, Mr. Wirtschafter earned his B.A. and M.A. in History from Johns Hopkins University in 1990 and wrote his thesis about management scholar Peter Drucker. In 1995 Mr. Wirtschafter graduated from Loyola Law School after serving as a published editor of Loyola Law Review and as the President of the Student Bar Association.

Mr. Wirtschafter is married to Elisa and they have three children. He enjoys athletics and is training for the Navy Seals Fitness Challenge.

 

 
Testimonials