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Albert Flor Jr.

Attorney
Phone: 510.834.6600
Fax: 510.808.4655
E-mail: AFlor@wendel.com v-card

Experience

A litigation partner and co-chair of the firm’s Real Estate Litigation Group, Al handles complicated disputes where creative thinking and nimble strategy are the key to client success.  Al advises clients regarding problematic real estate and commercial transactions, investments, secured transactions, loan defaults, corporate and partnership governance and dissolutions, and insolvencies.  His clients include developers, property owners, businesses, financial institutions, venture funders, investors, fiduciaries and individuals. 

Al has represented parties on all sides and in all stages of financial, real estate and commercial disputes. His clients range from Fortune 50 companies to individuals. This diverse experience uniquely positions Al to seamlessly handle the full cycle of a dispute, from the time of breach or default, through settlement, restructuring, and workout negotiations, to litigation and even bankruptcy.  While many litigators have a sue-first mentality, Al works closely with clients to develop creative and aggressive strategies to quickly achieve the client’s business objectives while minimizing the costs and risks of litigation. 

Beyond litigation, Al counsels clients regarding deal terms and protections that help limit the risks and costs of future disputes.  Al routinely advises clients on the implementation of operational practices and procedures to prevent disputes or, at least, maximize a client’s rights and remedies if litigation becomes necessary.  This advice includes review and revision of standard contract forms, promissory notes, guarantees, operating agreements, invoices and vendor  agreements.

Probably the only lawyer with a meat grinder in his office, Al comes from a long line of sausage makers.  He enjoys making his dad’s recipes and creating his own, as well as teaching others to make sausage.  Al is also a regular at the local CrossFit box.  Above all else, Al just enjoys hanging out with his family and doing whatever comes to mind.

Representative Matters

  • Developer/Homebuilder Representation:  Represents national and regional developers and homebuilders in complex litigation, including disputes involving options, land acquisition and development, joint ventures and financing.  Al also advises homebuilders and developers regarding the acquisition of lots from receivers, bankruptcy estates and other distressed sellers.
  • Real Estate Finance/Secured Transactions:  Al counsels borrowers, from individuals to developers, regarding disputes with banks over secured financing and their rights,  protections and remedies under California’s secured lending laws.
  • Real Estate Purchase & Sales/Broker Misrepresentation:  Successfully settled multi-party litigation concerning $25 Million purchase of commercial buildings including claims of fraud, breach of lease and breach of fiduciary duty amongst buyers, sellers, borrowers and prior owners.
  • Commercial Litigation:  Represented international manufacturer in action against defaulting distributor with no apparent assets for repayment.  Through aggressive injunction and attachment practice, was able to fully secure indebtedness against insurance proceeds, resulting in full payment of principal obligations to client.
  • Financial Institution/ Secured Creditor:  Represented national bank with defective security interest in action against defaulting borrower.  Through state and bankruptcy court litigation, obtained dismissal of Chapter 11 case and negotiated full repayment of all indebtedness, including attorneys’ fees.
  • Corporate Dissolution:  Represented closely-held software company corporation in contentious dissolution that involved multi-layered litigation, numerous related entities and protection of valuable intellectual property and real property assets.
  • Venture Capital/Individual Investor:  Negotiated withdrawal of investor and lender in a contentious dispute with a closely-held company experiencing financial difficulties.  Under settlement, client was able to recover full return on investment and obtain future protections not available under previous loan documents.
  • Real Estate Fraud:  Obtained defense judgment for national homebuilder in action for fraud and rescission in connection with sale of real estate.  Successfully settled multi-party litigation involving alleged fraud by brokers and sellers in connection with the $20 Million sale of two commercial buildings.
  • Writ of Attachment/Enforcement of Judgments:  Al has substantial experience securing prejudgment liens and post-judgment levies against complicated and hard-to-reach assets such as intellectual property, foreign property, LLC interests and intangible assets.
  • Bankruptcy Acquisition/Sales:  Has represented venture funds in the acquisition of assets, including LP interests and intellectual property  from some of the largest bankruptcy estates and receiverships in the United States.  Represented venture capital firm and debtor-in-possession lender in acquisition of substantially all assets of operating technology company after auction sale before Bankruptcy Court.

Education

  • University of the Pacific, McGeorge School of Law; J.D., with distinction, Order of the Coif, Traynor Honor Society; American Jurisprudence Award for Real Property (1993)
  • University of California, Berkeley; B.A., Political Science (1989) 

Close Admissions

  • State Bar of California
  • All Federal Courts in the State of California

Close Publications

  • "California Civil Code Section 48a: Should the Judge or Jury Determine Whether a Retraction is Published in a Manner Which is Substantially as Conspicuous as the Original Article?" 23 Pacific Law Journal 1575, 1992
  • Various Legislation Annotations, "Review of Selected California Legislation," 23 Pacific Law Journal, 1992
  • Pacific Law Journal, Articles Editor, University of the Pacific, McGeorge School of Law, 1992 to 1993

Close Affiliations

  • American Bar Association
  • Alameda County Bar Association
  • Bar Association of San Francisco, Homeless Advocacy Project, former volunteer clinical attorney
  • University of California Alumni Association
    • Externship Program, volunteer mentor
  • Lawyers Committee for Civil Rights, former volunteer clinical attorney
  • The Volunteer Center (formerly Volunteer Center of San Francisco)
    • Past member, Board of Directors

Close Speaking & Teaching

  • “Default Remedies: Traps for the Unwary ... Weapons for the Wise,” Wendel Rosen Speaker Series, June 10, 2014
  • “Beyond Boilerplate: Strategic Considerations in Purchase and Sale Agreements,” Wendel Rosen Speaker Series, January 14, 2014
  • Regular speaker on pre-litigation strategies for protecting businesses from unnecessary litigation
  • “Bracing for the Storm: Legal Planning for Entrepreneurs,” Joint presentation of Wharton Club of Northern California and Harvard Business School Association of Northern California.

Close Awards & Recognition

  • AV® Preeminent™ rated by Martindale-Hubbell*

*AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.