Eileen M. Diepenbrock is a shareholder with Diepenbrock Harrison, where she practices commercial litigation with an emphasis on construction litigation.    In November 2008, she received the distinction of being listed in Forbes as one of The 10 Most Dependable™ Litigation Attorneys of California.  Her construction practice involves successfully litigating major and complex construction cases on behalf of her clients headquartered across the country. She represents contractors, subcontractors and owners in construction delay and/or acceleration claims; claims involving differing site conditions, extra work, construction defects, and professional negligence involving architects and engineers; and public contracting bid disputes. She also represents general contractors and subcontractors on bond claims, mechanic's liens and stop notices. Eileen also drafts construction contracts and architect's agreements. In one success, Eileen represented the prevailing party in a widely recognized and publicized public contract bidding case before the Third District Court of Appeal which resulted in a published decision. In another matter, Eileen represented a major university system in defending an action brought by a general contractor and mechanical subcontractor for delay damages and extra expenses. The result was a successful negotiated settlement on behalf of her client who was fully indemnified for its settlement contribution, thereby resulting in no out-of-pocket contribution.

In addition to representing clients in construction-related cases, Eileen also represents clients in complex business disputes, including cases involving allegations of corporate mismanagement and abuses, breaches of fiduciary duty, and corporate ownership disputes.  In one success, she represented a limited liability company pursuing claims in arbitration for breach of contract against 27 parties, with many millions of dollars at issue.  The issues involved the legality of contract termination payments and defending against claims of alleged unconscionability, unfair business practices and restraint of trade.  The arbitration included exchanging tens of thousands of documents, 10 percipient depositions over a two month period, 5 expert depositions over a two week period, 30 days of hearing, 29 percipient witnesses, 5 experts, over 1000 exhibits, and more than 500 pages of post-hearing briefing.  While a mixed decision was received given the number of issues in the case, the arbitrator determined the client was the prevailing party, and the client was awarded its attorneys’ fees and costs.

In another matter, Eileen represented an international corporation in federal court defending against claims of breach of fiduciary duty and challenges to the legitimacy of corporate management and ownership.  Discovery and case preparation has included the Federal Rules of Civil Procedure, international procedures, and significant use of translators.  Although a settlement was reached on the original claims, the settlement agreement subsequently was breached, and a second federal court suit was brought for enforcement of the settlement agreement.  The issues in the second case also involved international procedures and substantive law, and the case resulted in defeating all of the opposing party’s claims and receiving a large judgment, plus attorneys’ fees and costs, in favor of client.

Eileen's experience involves representing clients through all avenues of dispute resolution, including the judicial system, mediation and arbitration.