C. Alex Naegele
Top rated Business & Corporate attorney in Cupertino, California
C. Alex Naegele, A Professional Law Corporation
Practice Areas: Business & Corporate, Bankruptcy, Business Litigation; view more
Licensed in California since: 2008
Education: Golden Gate University School of Law
Languages Spoken: Chinese-Mandarin, English, Spanish
Selected to Super Lawyers: 2023 - 2024 
Selected to Rising Stars: 2016 - 2022 C. Alex Naegele, A Professional Law Corporation
10080 N Wolfe RdSuite SW3200
Cupertino, CA 95014 Phone: 408-883-8994 Email: C. Alex Naegele Visit website
Details
C. Alex Naegele, A Professional Law Corporation focuses on a wide range of areas of law, including Corporate Transactions, Taxation, Estate Planning and Probate, Litigation, Bankruptcy, and other problems facing entrepreneurs, landlords, high net worth individuals, and other small to medium size businesses.
Practice areas
Business/Corporate, Bankruptcy: Business, Business Litigation, Estate Planning & Probate, Tax: BusinessFirst Admitted: 2008, California
Professional Webpage: https://canlawcorp.com/attorney
Bar/Professional Activity:
- L.L.M. in Taxation from New York University School of Law, 2009
- Admitted To The State Bar of California., 2008
Verdicts/Settlements (Case Results):
- Case No. 15-cv-01373-VC - $5.8 million judgment against one defendant, $3.9 million judgment against other defendant, 2019
Representative Clients:
- 20PR189117 - Guardianship of the Estate of Two Minor Children. Successfully petitioned and appointed legal guardian, marshalled assets, and complied with all legal accounting and reporting to the Court. , 2023
- BK No. 22-30622. Chapter 11 bankruptcy. Filed small business chapter 11 bankruptcy to resolve small business debt between individual and former companies. Successfully prosecuted case until conclusion, at which point client requested dismissal of case, which was granted by the bankruptcy court. , 2023
- 22PR192279 - Probate. Successfully petitioned for probate of Decedent's estate. Client was appointed executor. Marshalled all assets, and successfully distributed all assets to beneficiaries as per Court order. , 2023
- Bk. No. 21-50865 (San Jose). Successful chapter 11 individual debtor case, which involved resolving a multi-million dollar creditor's claim. Case was resolved without the need for filing a plan to save client substantial attorney's fees. , 2021
- Bk. No 17−30515 (San Francisco) – Small business debtor entered chapter 11 reorganization proceedings to fend off a judgment that would have required to it shut down due to CA Contractors State Licensing Board regulations. Successfully navigated complex chapter 11 rules with small business debtor, and negotiated and brokered a deal with main creditor. Chapter 11 plan was confirmed by the Court and resulted in a successful reorganization for the client., 2018
- 18PR184623 (San Jose) – Probated largest shopping center in the city of Vallejo, which was held in multiple limited liability companies, and involved complex MBS lender with large prepayment penalty. Negotiated sale of shopping center with the assistance of sophisticated broker and second law firm, which validated all of the leases. Worked on estate tax issues and portability of unused exemption. , 2020
- Dist. Case No. 3:15-cv-01373 (San Francisco) – Prosecuted large dollar lawsuit against legal entities and individuals who had defrauded client out of millions of dollars. Following several years of litigation, judgment was entered against defendants for millions of dollars., 2019
- Bk. No. 2:16-bk-13575 (Los Angeles) – In this large chapter 11 case, represented creditor who was owed several millions of dollars. Formed a creditors’ committee which hired its own separate large law firm as counsel. Acted as chair of the creditors committee. After much litigation, strategy, and liquidation of assets, the creditors’ committee’ chapter 11 plan was confirmed by the Court. The confirmed plan resulted in substantial distributions to the client, as well as all creditors of the estate., 2017
- Dist. Case No. 5:17-cv-01991 (San Jose) – In this bankruptcy tax appeal, the client ultimately prevailed against the CA Employment Development Department, which was represented by the CA Attorney General’s office. The district court ordered a full reversal of the bankruptcy court and ordered the taxes in question discharged in full. , 2018
- H039036 - 233 Cal.App.4th 379 (San Jose) – Following an order denying client’s motion to set aside default and default judgment in the Superior Court, the Sixth District Court of Appeal issued a full reversal of the Superior Court, and remanded with instructions to the Superior Court to vacate its order, and issue a new order granting the motion. The Sixth District also awarded costs on appeal to the client., 2015
- Bankruptcy Litigation: Adv. Proc. No. 14-05114 - Client was facing imminent bankruptcy trial brought by chapter 11 trustee against client for insider transfers. After being retained less than thirty days before trial which involved complex forensic accounting, successfully defended against chapter 11 trustee's pre-petition claim of nearly $700,000.00 and Court found no money judgment against the Client as an individual in connection with the insider transfers.
- Business Litigation: District Court Case No. 3:15-cv-01373 - After Client invested over $10 million in fraudulent ponzi real estate scheme, brought cause of action in federal district court for violation of securities laws, violation of racketeer and corrupt organizations act, violation of California fraud laws, and pursued defendants various corporate entities in bankruptcy court to recover assets.
- International: International Client had been swindled by trademark pirate who had illegally registered trademarks in worldwide market with the sole intent to sell trademark rights to Client, the rightful owner of the trademarks, at a later date. After brief litigation of trademark rights in the United States, successfully negotiated and effected worldwide trademark purchase settlement, and transferred all worldwide trademarks into Client's name.
- Tax Litigation: District Court Case No. 5:14-cv-00830 - Client had been audited by the IRS and was bullied into accepting an unfair and illegal tax assessment that was not legally correct but due to limited resources Client nevertheless accepted. After being retained, successfully reopened case through audit reconsideration and after going through a second audit and IRS appeals, completely reversed the tax deficiency. Following 100% successful reversal, filed tax refund suit in federal court for additional deductions previously unnoticed. Successfully settled with IRS in tax refund suit on terms satisfactory to Client.
- Bankruptcy: BK No. 11-46484 – After an eviction, and several creditors, including the Board of Equalization, large bank, and landlord all seeking aggressive debt collection, filed corporate chapter 7 bankruptcy for client, and successfully liquidated business. Defended actions on behalf of personal shareholders for personal guarantees and “responsible party” sales tax audit following corporate chapter 7 bankruptcy, with successful result.
- Business and Corporate Law: – Assisted new buyer of limited liability company in all corporate law matters involved in transfer of business from prior owner to new owner, including reinstating the limited liability company from suspended status back to active status with the California Franchise Tax Board, drafting the limited liability company operating agreement and issuing membership interests, analyzing tax attributes that could be carried over and were unsused, and establishign corporate structure going forward.
- Federal Litigation: District Court Case No. 5:12-cv-04878 - Multi-state dispute between landowners in California and Nevada involving sale of real property gone awry. After attempting to negotiate and reach a settlement on terms acceptable to both parties failed, filed diversity of citizenship lawsuit in federal court for damages due to false promises of the defendant. The case ultimately settled on terms favorable to the Client.
- State Litigation: Santa Clara County Case No. 111CV213714 and 6th District Court of Appeal Case No. H039036 - Trial Court in Santa Clara County had entered the default and default judgment of client, and refused to set aside the default and default judgment on a motion. After appealing to the sixth district court of appeal, successfully won reversal at the appellate level in reversing the motion to set aside the default and default judgment of Client. The case was later settled in Clients favor.
- Bankruptcy:BK No. 12-55180 - Client faced continuing litigation in probate proceedings due to a contested inheritance case gone awry which ended up having Client's former attorney and all opposing parties seeking massive windfall against Client's proposed inheritance in probate proceedings. After filing bankruptcy proceedings, Client was able to successfully resolve all claims against former attorney and resolve contested inheritance proceedings through the bankruptcy court.
- Bankruptcy Litigation: Adv. Proc. No. 11-05038 – Client was sued in bankruptcy for fraud in connection with borrowing of money. After two motions to dismiss, the opposing party’s claims were reduced from five claims to only one claim. After a one day trial, the court found no fraud in connection with the borrowing of money, and the client won a judgment in his favor.
- Estate Planning and Asset Protection: Client desired to take advantage of historic 5 million dollar gift tax exemption to give away assets but did not want to give gift outright. It was possible to achieve the desired results by setting up an irrevocable trust, which required complete relinquishment of control the same as a gift, but without the beneficiary receiving the corpus outright. Irrevocable trust also allowed for asset protection to protect from creditors.
- State Litigation: Santa Clara County Case No. 113CV255535 - Clients were in default and had received a default judgment for over $3 million against multiple corporate entities as well as their owner, which had resulted in judgment liens being filed, and levies on bank accounts. After being retained, successfully won a motion to set aside the defaults and default judgments against all of the corporate entities, and negotiated release of all liens, and return of the levied funds to the Clients. Case was later settled in Clients favor.
- Taxation: Advised on tax issues of recourse vs. nonrecourse debt financing in partnership, in order to allow partners to take larger share of deductions from losses of the partnership in a certain tax year. Put tax provisions to allow for special allocations in partnership agreement. Filed 1065 partnership tax return and K-1s to allow sharing of losses among partners.
Transactions:
- International Tax - Advised client on international tax aspects of proposed transaction vis a vis U.S. International tax laws, including informational reporting requirements, tax due, if any, and cross-border aspects of transaction. , 2023
- Business Representation - Represented Sports Fitness Studio in acquisition of new site's fitness studio, including incorporation of new joint venture with partner, and assumption of existing business lease from seller. Successful acquisition and assumption of 2nd location and lease. , 2022
- Advised medium to large company and its principals on winding down operations, dealing with tax claims and net operating losses, creditor litigation, and associated risks of doing business. , 2021
Special Licenses/Certifications:
- LL.M. Taxation, New York University School Of Law, 2009
Honors/Awards:
- C. Alex Naegele has been selected as a Super Lawyer Rising star from 2016 to 2022, and as a Super Lawyer in 2023. , SuperLawyers, https://profiles.superlawyers.com/california/cupertino/lawyer/c-alex-naegele/7947266c-9151-433e-b9cb-e80d3373df2e.html, 2023
Educational Background:
- LL.M. in Taxation from New York University School of Law, 2009
- J.D. from Golden Gate University School of Law. , 2008
- B.A. From Rice University., 2004
White Papers:
- Lead Article in Thompson Reuters Journal Of International Taxation On IRS Cost Sharing Regulations, Cost Sharing Regulations, Taxation, 2010
- Analysis of newly implemented FATCA regulations and their impact on industry. , FATCA—Effective tax administration or costly and burdensome regulation?, 2012
Scholarly Lectures/Writings:
- Author, Cost Sharing Regulations - The Case For Formula Apportionment Transfer Pricing, Thompson Reuters Journal Of International Taxation
- Analysis of FATCA legislation and its impact on industry, Author, FATCA—Effective tax administration or costly and burdensome regulation?, December 2012 issue of Lexis® Federal Tax Journal Quarterly, 2012
Other Outstanding Achievements:
- Avvo lawyer ranking 9.8/10 https://www.avvo.com/attorneys/95014-ca-charles-naegele-1755409.html, 2023
Industry Groups:
- Businesses
- Entrepreneurs
- Landlords
Office location for C. Alex Naegele
10080 N Wolfe Rd
Suite SW3200
Cupertino, CA 95014
Selections
2 Years Super Lawyers
7 Years Rising Stars
- Super Lawyers: 2023 - 2024
- Rising Stars: 2016 - 2022