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D. Kent Westerberg

Kent Westerberg specializes in all aspects of real estate litigation. He is also the Board Attorney for the Silicon Valley Association of Realtors. Kent's real estate litigation practice involves the representation of Realtors, brokers, buyers and sellers of commercial and residential real estate, homeowners associations, title companies, lenders, mortgage brokers, builders, developers, contractors, subcontractors, and landlords. He has successfully handled countless mediations, binding arbitrations, and jury and court trials involving breach of contract, misrepresentation, fraud, specific performance, rescission, construction defect, eminent domain and annexation matters, easement disputes, breach of lease, mechanics lien and stop notice litigation. Kent also has extensive experience advising clients and drafting agreements concerning purchase and sale of commercial and residential property, lease agreements, access agreements, easements, options to purchase, and security agreements.

Kent is also an experienced labor and employment law attorney, dating back to his first days as an attorney. Prior to practicing law in California, Kent was an associate in the labor and employment law and litigation groups in the Vancouver B.C. office of the Canadian-based international law firm, Davis & Company. Kent continues to represent various Canadian companies and individuals doing business in California and the United States. Now an American citizen, but Canadian born, he is still very involved with the Canadian Consulate in Silicon Valley, is a co-founder of the Digital Moose Lounge, and is an ongoing director of the American Foundation for the University of British Columbia.

Kent's employment practice includes the representation of management, employees, consultants and independent contractors and his employment litigation practice includes prosecuting and defending wrongful termination, sexual harassment, retaliation, discrimination and whistle blower claims. He also counsels all of his corporate and individual clients in the negotiation or preparation of severance packages, stock option agreements, employment and consulting agreements, distribution and licensing agreements, non-disclosure and confidentiality agreements. Kent has also successfully advised numerous corporate, institutional and individual clients on termination and lay off issues, as well as the restructuring that is necessary following a merger, acquisition or takeover.

Finally, Kent acts as legal counsel to numerous technology companies in Silicon Valley and beyond, covering all aspects of labor and employment law, including collective bargaining issues, compliance with wage and hour laws, and any other employment-related matters.

Education/Bar Admissions

University of British Columbia, Vancouver, Canada, Bachelor of Arts (BA) 1984, Bachelor of Laws (L.L.B.) 1987

Law Society of Alberta, Canada, 1988
Law Society of British Columbia, Canada, 1989
State Bar of California, 1991

Speaking Engagements/Presentations/Seminars

  • Guest lecturer, Real Estate Contracts - DeAnza College
  • Numerous television appearances on local Bay Area Real Estate programs
  • Silicon Valley Association of Realtors - Legal Update to Members and Broker Managers
  • Silicon Valley Association of Realtors - Annual Broker Manager Meeting
  • Silicon Valley Association of Realtors - lectures and seminars at weekly tour meetings for local associations within Silicon Valley Association of Realtors
  • Alain Pinel Masters Program and Intero Real Estate Provisio Program - teaching and advising new agents about all legal aspects of residential real estate
  • Alliance Title, Financial Title, Stewart Title, North American Title sponsored legal seminars throughout the Bay Area

Significant Cases & Results

  • Obtained a quick defense verdict in Alameda County Superior Court after a two-week jury trial on behalf of a high tech company sued by a former executive for millions of dollars in a wrongful termination and retaliation lawsuit.

  • Obtained a seven figure verdict and Order for Rescission on behalf of purchasers in a binding arbitration concerning non-disclosure and misrepresentation of subsidence issues and property conditions by the seller.

  • Successfully represented a large group of homeowners in opposing a proposed reclamation project and residential development in the Town of Los Gatos.

  • Strategically forced a settlement in favor of seller/clients, ending years of litigation in a lawsuit seeking seven figure damages, by filing a motion which precluded the buyers from recovering their attorneys’ fees.

  • Advised a major finance and securities company on the merger and takeover of another securities firm, which necessitated the restructuring, lay off, and termination of thousands of employees.

  • Represented and advised over twenty Associations of Realtors throughout the State of California in negotiating a favorable long term contract with a primary vendor of products and services in the residential real estate industry.

  • Successfully mediated hundreds of disputes between buyers, sellers, real estate brokers and agents in the residential real estate industry.

  • Successfully prosecuted a civil action on behalf of a homeowners’ association against an asbestos removal company for negligence.

  • Favorably prosecuted and defended related legal actions filed in Canada and the State of Nevada on behalf of shareholders of an American-based company concerning a dispute arising from the sale of the combined Canadian and American companies’ assets and cell phone user interface technology, to a corporate buyer in China.

  • Successfully defended numerous lawsuits on behalf of various title and escrow company clients for claims arising out of escrows and the preparation and issuance of title reports and policies.

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