Best's Insurance Professional Resources
Client-Recommended Attorneys, Adjusters and Experts
Best's Insurance Professional Resources
Client-Recommended Attorneys, Adjusters and Experts


Best's Recommended Insurance Attorneys - General Defense

95 South Market Street, Suite 400, San Jose, California 95113

Virtual Appointments Available

Established: 1899

Practice Areas

  • Admiralty and Maritime Law
  • Agriculture
  • Appellate Practice
  • Bad Faith
  • Bankruptcy
  • Business Litigation
  • Casualty Insurance Law
  • Collections
  • Commercial Law
  • Construction Defect Litigation
  • Contracts
  • Corporate Law
  • Employment Litigation
  • Environmental Law
  • Estate Planning
  • Family Law
  • Fire
  • Insurance Coverage
  • Intellectual Property
  • Labor and Employment
  • Land Use
  • Legal Malpractice
  • Oil and Gas
  • Patent, Trademark and Copyright Litigation
  • Personal Injury
  • Premises Liability
  • Product Liability
  • Professional Errors and Omissions
  • Property
  • Public Entities
  • Real Estate
  • Real Estate Malpractice
  • Religious Institutions
  • Sports and Entertainment Liability
  • Toxic Torts
  • Transactional Law
  • Transportation
  • Trucking Litigation

About Us

When Fred Borton established his law practice in 1899, the 25th U.S. President William McKinley was in office, the Spanish-American War had just ended the year before, and a gallon of milk cost 27 cents. Many of today's areas of practice did not exist. There were no class-action lawsuits nor were there toxic mold cases. There were no automobiles in the streets nor airplanes in the sky. Televisions, movie theaters, cell phones, desktop computers and the modern technological age were unimaginable. In fact, Fred Borton's mode of transportation was a horse.

James Petrini joined the Firm shortly after Fred Borton formed the business. Together, they forged a name for the Firm. Harry M. Conron joined the Firm in 1932. The three original partners formed a strong alliance of legal talent that would become one of California's leading law firms with 10 strategically placed offices throughout California, from Sacramento to San Diego. This growth, from a small local firm to a statewide entity, is the product of expertise and scholarship.

Borton Petrini, LLP holds an effective understanding of California, its people and its law. Throughout the 20th Century, the Firm's partners became noted judges and justices within the California court system. Many of the Firm's attorneys have helped to shape California law through precedent-setting cases. Borton Petrini, LLP has participated in the evolution of business practices, land use, estate and tax planning, water law, employment law, public entity, professional liability, intellectual property, environmental and health care law, to name a few.

In the 21st Century, times have changed dramatically and so has the Firm. Yet, as in the beginning, you will find that our attorneys combine a blend of specialized knowledge and diverse experience.

Personnel Information

Managing Partner


Samuel L. Phillips

San Jose, CA

Practice Areas
  • Agriculture
  • Americans with Disabilities Act
  • Insurance Defense
  • Antitrust
  • Appellate Practice
  • Church Law
  • Civil Rights
  • Competitive Business Practices
  • Construction Law
  • Employment Law
  • Professional Errors and Omissions
  • Toxic Torts
  • Water Law
  • Transportation
Admitted
  • California, 1987
  • U.S. District Court, Eastern and Northern Districts of California, 1989
  • U.S. Court of Appeals, Ninth Circuit, 1989
Sam's legal practice has provided him with experience in numerous categories of legal matters. He has more than 30 years of experience in litigation. In addition, he has handled numerous construction cases including those involving large and small projects, condominiums and land subsidence. Other cases he has handled include appellate work, discrimination/wrongful termination, general farm law, insurance coverage, commercial matters (trademark and trade secrets), product liability, real estate errors and omissions, subrogation, and public entity defense (including police brutality).
 
Sam also is a published author, contributing to the body of legal knowledge with such articles as "The Empty Chair Defense," published in the Fall 1995 issue of California Defense magazine, and "Should Parents Be Liable for the Intentional Acts of Their Children," published in the Summer 1999 issue of California Defense magazine. His knowledge in Spanish is another enhancement to his legal practice.
Memberships:
  • State Bar of California
  • Santa Clara County Bar Association (Former Member; Judicial Committee)
  • William Ingram Inns of Court
  • Ralph M. Brown Inns of the Court (Past Founding Member)
  • Defense Research Institute (Professionalism & Ethics Committee)
  • Cerebral Palsy Association (Past Special Advisor)
  • St. Thomas More Society
Publications:
  • Author: "The Empty Chair Defense," California Defense Magazine (Fall 1995)
  • "Should Parents be Liable for Intentional Acts of Their Children?" California Defense Magazine (Summer 1999)
Reported Cases:
Etcheverry v. Tri-Ag. (2000)
Education:
  • University of San Francisco, B.A., 1982
  • University of San Francisco, J.D., 1985
Honors:
Alpha Sigma Nu; Jesuit Honor Society
Language:
  • Spanish

Born: 1960

Partners


Mark W. Shem

San Jose, CA

Practice Areas
  • Business Law
  • Business Litigation
  • Civil Litigation
  • Construction Law
  • Construction Litigation
  • Insurance Defense
  • Landlord and Tenant Law
  • Product Liability
  • Skilled Nursing Facilities
  • Toxic Torts
  • Premises Liability
Admitted
  • California, 1991
  • U.S. District Court, Northern District of California, 1991
  • U.S. Court of Appeals, Ninth Circuit, 1991
  • U.S. District Court, Eastern District of California, 2002
Additional Biographical Details:

International & Comparative Law Journal (Business Editor); Santa Clara County Superior Court (Judical Arbitrator, 1997-2002)

Mark's primary area of focus is civil litigation from landlords, homeowners to contractors ranging from defect claims, breach of contract, habitability, indemnity issues, landlord-tenant, premises liability and employment questions. He has represented homeowner's associations, homeowners, developers, general contractors to subcontractors in both state and federal courts involving a variety of legal issues. Mr. Shem is a firm believer in effective use of written discovery to narrow the issues and achieve early settlement. While the special master process has its benefits, sometimes, even picking up the phone can achieve the best results.
 
Before coming to Borton Petrini, LLP, Mr. Shem's legal experience included handling insurance defense cases from personal injury, premises liability, landlord-tenant, habitability, toxic tort to skilled nursing home/elder abuse as well as personal injury actions against governmental entities.
Memberships:
  • State Bar of California (Board of Trustees, 2011-2014)
  • Santa Clara County Bar Association (President, 2010)
  • Defense Research Institute
Education:
  • University of California, Davis, B.A., 1987
  • Temple University, J.D., 1990

Born: 1965

Ieenor W. Lin

San Jose, CA

Practice Areas
  • Labor and Employment
  • Regulatory Law
  • Administrative Law
  • General & Civil Law
Admitted
  • California, 2012
Education:
  • University of California at Irvine, B.S., 2003
  • Santa Clara University School of Law, J.D., 2012

Service Areas

Monterey, California, USA 60 miles

Napa, California, USA 82 miles

Santa Clara, California, USA 10 miles

Santa Cruz, California, USA 30 miles

(See profile under Bakersfield, CA for additional information)

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