Bialson, Bergen & Schwab is a commercial/business law firm based in Silicon Valley, California. The representation of commercial creditors with regard to all of their legal needs is a key aspect of the Firm's practice. The Firm focuses on the domestic and international representation of publicly traded corporations and small to medium-sized business entities. Technology and large institutional corporations seeking specialized advice in all aspects of commercial law represent the majority of the Firm's clientele.

T r a d e  C r e d i t o r  C o l l e c t i o n  a n d  L i t i g a t i o n
C o m m e r c i a l    D o c u m e n t a t i o n     a n d     C r e d i t     R i s k     M a n a g e m e n t
I n s o l v e n c y    /   B a n k r u p t c y
I n t e r n a t i o n a l     P r a c t i c e
G e n e r a l     B u s i n e s s     R e p r e s e n t a t i o n
H i g h     N e t     W o r t h    I n d i v i d u a l s

T h e    C r e d i t o r ' s    P r a c t i c e

T r a d e    C r e d i t o r    C o l l e c t i o n    a n d    L i t i g a t i o n

The representation of trade creditors in collection-related activities is a central area of the Firm's practice. Our approach employs a business lawyer's analysis and negotiating skills prior to engaging in litigation. This approach has proven to be remarkably successful in thousands of matters over a twenty-year time period. Structured settlements, frequently involving security interests or other stipulated liens, have proven to be more cost-effective than the precipitous filing of litigation without advance knowledge of the collectability of the judgment. When a business solution proves impossible, then aggressive and thorough litigation is undertaken to evoke the desired response. Our attorneys regularly litigate matters in contested court proceedings, mediations, and non-judicial arbitrations. In general, we strive to validate the adage that "a fair settlement is always better than the best litigation".

C o m m e r c i a l    D o c u m e n t a t i o n     a n d     C r e d i t     R i s k     M a n a g e m e n t

The Firm has extensive experience in providing the documentation necessary to manage business and credit risk in any manner of commercial transaction. Further, rather than merely supplying written text, we assist in strategically analyzing financial business issues and assisting clients in risk management assessment. Whether with regard to the purchase and sale of business entities through bulk sale, leasing transactions, providing suitable security documentation to sustain an aggressive line of credit, or merely reviewing and analyzing documents sought by financial institutions for their own purposes, the members of the Firm have the proven experience and commercial insight necessary to complete the tasks in a cost-effective and timely manner.

I n s o l v e n c y    /   B a n k r u p t c y

A creditor's practice by necessity involves representing clients in insolvency and bankruptcy matters. Our primary activity is the representation of our client companies in concluding out-of-court workouts and the representation of their interests on creditors' committees, although we do act as a creditors' committee counsel. The defense of "preference" and other actions is a speciality of which the Firm is proud of. We have been involved to some extent in the vast majority of national technology bankruptcy cases which have occurred during the past fifteen years. Frequently, the Firm becomes involved during the early stages to assist in the selection of committee counsel and otherwise maximize our client's interests. Wang, Hayes, Commodore, Everex, Media Vision, Diplomat, Radius, and CHS represent only a small portion of the creditors' committees on which we have been active participants.

I n t e r n a t i o n a l     P r a c t i c e

Approximately one-third of the Firm's commercial practice is international in nature. With many of our clients actively involved in international trade, risk management and collection internationally have grown to be an essential element of the practice. Individually, and with the assistance of a proven network of co-counsel located throughout the world, we continue to participate in most major international insolvency matters which involve technology companies worldwide. With a thorough understanding and level of practice in both established and developing nations throughout the world, we believe that we have a unique ability to assist in collection and commercial risk management activities wherever a technology company identifies an emerging opportunity and a willing purchaser of products.

G e n e r a l     B u s i n e s s     R e p r e s e n t a t i o n

The representation of small and medium-sized business entities in a general capacity continues to be an important practice area of the Firm. For over twenty years, we have acted as counsel to non-public business entities from the point of organization through early round venture financing, until direct involvement of securities counsel on an ongoing basis is necessary. We provide real-time business counseling in addition to the typical document preparation services widely available in the legal community. Strategic planning and business focus is a value-added component which the Firm routinely supplies. When securities, ERISA, complex international, or other specialty legal issues arise, we associate appropriate outside counsel and coordinate activities.

H i g h     N e t     W o r t h    I n d i v i d u a l s

The Firm acts as "general counsel" to high net worth individuals. In addition to strategic business advice, the Firm provides comprehensive estate planning utilizing various forms of trusts, family partnerships/LLC's and other techniques to minimize tax liability and provide for the orderly disposition of assets. Frequently, our clients seek our counsel and assistance in making strategic decisions with respect to their accumulation and disposition of assets as well as guidance as to various legal options. We pride ourselves on the long-term, close relationships with our high net worth individual clients. Some relations span 25 years -- the majority over 10 years -- which reflect the esteem our clients have for us and the value our clients derive from our long-term relationship.