A variety of federal and California laws govern consumer transactions. These complex and varied laws present remedies for aggrieved consumers and potential pitfalls for businesses that provide goods and services to such consumers.
Mr. Twietmeyer has dealt extensively with matters concerning claims of fraudulent consumer contracts, false advertising, and other statutory violations for unfair and deceptive business practices as well as breach of consumer contracts, and related claims.
Mr. Twietmeyer has substantial experience representing both consumers and businesses alike in both the context of individual consumer and class action claims. His experience on both sides of such disputes arms Mr. Twietmeyer with insight for providing strategic and effective solutions to a broad spectrum of consumer issues.
Should you find yourself in a situation where you believe your consumer rights have been violated, or if you are a business seeking advice on consumer law compliance, Mr. Twietmeyer has the skills and experience to counsel you on the most effective resolution for your situation. Reach out for a free and confidential consultation.
Business transactions and disputes can be very complex. The contracts you enter (whether written or oral) can have profound impacts on your business and your personal rights. Investing in good legal representation early on can help you avoid costly litigation that may arise from a poorly-drafted agreement or an ambiguous oral agreement. On the other hand, even the best contract is no guarantee that a dispute will not arise. In the unfortunate event that you find yourself in a legal dispute, it is crucial that your business have strong litigation counsel.
Mr. Twietmeyer has extensive experience with both the negotiation and drafting of contracts and the resolution of contract disputes (whether through litigation, arbitration, mediation, or being retained as your business general counsel). Mr. Twietmeyer can help you find the most practical solutions for your business's legal issues.
If you need contract drafting, review, or negotiation, Mr. Twietmeyer is available to counsel you. Mr. Twietmeyer is available on a case-by-case basis or you may retain him to act as your outside general counsel for ongoing business concerns.
There are over 100 federally-recognized Indian tribes in California. These tribes contribute immeasurably to the cultural and economic fabric of our state. Tribal entities, such as the many tribal-owned resorts and casinos throughout California, present exciting business opportunities, and recreational activities for businesses and consumers.
But, it is important to understand that federally-recognized tribes are sovereign governments with their own laws. Therefore, they are subject to the jurisdiction of California’s courts only in limited circumstances. If you are transacting business with a tribe, or if you find yourself in a dispute with a tribe, it is important that you have an attorney who knows the scope of your rights, how to protect them, and whether you have a remedy.
Mr. Twietmeyer has experience working closely with both tribes and injured individuals.
Whether you want to negotiate a business transaction with a tribal business, or you have been injured by a tribal entity, Mr. Twietmeyer understands the unique challenges and opportunities that you will face, and he can assist you in formulating a course of action that will maximize the protection of your rights.
Both California and Federal laws protect California workers rights to be free from discrimination in the workplace and to be timely and adequately paid for their work. For example, employers in California must pay employees an hourly wage of at least $15.50, and must pay employees time-and-one-half for every hour worked in excess of forty hours per week. Employers must pay their employees on time (at least twice per month) and must permit employees time for meals and break periods. Failure to do any of the foregoing can lead to significant liability and penalties. In a misguided effort to skirt California's wage and hour laws, employers sometimes improperly classify employees as independent contractors or even as unpaid interns. That too is unlawful and can give rise to significant liability and severe statutory penalties. California workers are protected from discrimination in the workplace on the basis of age, disability, medical condition, gender, race, ancestry, national origin, religion, and sexual preference.
If you believe you are the victim of unlawful payment practices, or workplace discrimination, call Mr. Twietmeyer for a free and confidential interview.
Sometimes the trial court gets it wrong. Or sometimes a party to your dispute just cannot accept the trial court's final ruling in your favor. In such instances, experienced and competent appellate counsel is imperative.
Mr. Twietmeyer is an experienced appellate attorney. He has briefed and argued cases in the California Court of Appeals and before United States Court of Appeals for the Ninth Circuit.
Mr. Twietmeyer's appellate experience goes all the way back to law school where, as a clinical intern with the Wisconsin Innocence Project, he co-wrote a successful habeas corpus appeal before the United States Court of Appeal for the Seventh Circuit. See, Adams v. Bertrand, 454 F.3d 428 (2006) (leading to the release of wrongfully-convicted inmate who had served 8 years of a 28-year sentence.)
In 2015, Mr. Twietmeyer successfully appealed the dismissal (based on tribal sovereign immunity) of a client’s tort action against five elected officials of the Pechanga Band of Luiseño Mission Indians in Cosentino vs. Fuller, G050923 (Cal. Ct. App., May 28, 2015). The case sent shock waves through Indian country by clarifying that individual tribal elected officials are not immune from suit for tortuous conduct that exceeds the scope of their statutory authority.
Along with clear and succinct briefing, effective appellate advocacy requires mastery of the record, a thorough understanding of the law, and a nimble, cool-headed demeanor before the panel. Mr. Twietmeyer has the skills to present your best case on appeal. A sample of Mr. Twietmeyer arguing before the Ninth Circuit Court of Appeals is available here: https://www.youtube.com/watch?v=IL7slReqz98
Mr. Twietmeyer is admitted to practice before the state and federal courts in California as well as the United States Supreme Court. If you wish to appeal, or are facing an appeal, contact Mr. Twietmeyer to discuss your case.
It sometimes feels like the cards are stacked against individuals and small businesses in our global and online economy. Our legal system is intimidating, costly, and all too often, aggravatingly slow. But with a little perseverance and the assistance of excellent, and aggressive legal representation, your rights can be vindicated.
Mr. Twietmeyer has successfully represented clients in retrieving unpaid wages, appealing criminal convictions, negotiating settlement of wrongful employment termination and school dismissal claims, resolving landlord tenant disputes, taking down fake reviews and online defamation attacks. Whether you’re a large corporation or just an individual, when you have been wronged, vindication is a must. Mr. Twietmeyer understands that, and he can help. Contact Mr. Twietmeyer for a free interview.
The successful outcomes highlighted above were all dependent on the specific facts of the particular case. The results in any other case will differ if based on different facts.
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