Hill, Farrer & Burrill LLP
Business and Complex Litigation
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Obtained judgment following trial in breach of contract action against owner/officer of corporation under alter ego theory of liability.
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Obtained and confirmed arbitration award for client arising from breach of asset purchase agreement, including award of attorneys’ fees and costs in full; successfully defended against counter-claims for breach of contract and fraud.
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Prevailed at trial in legal malpractice and breach of fiduciary duty action against client, a large law firm, which was accused of failing to competently represent creditor in underlying bankruptcy proceeding. Judgment affirmed on appeal.
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Represented a drayage and transportation company in a breach of contract action for services related to transportation and storage goods through the Ports of Long Beach and Los Angeles.
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Represent a public water district in a breach of contract action for proceeds due under decades-old agreement with another public entity; matter ongoing.
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Represent a company operating a container storage yard in a breach of contract action that involves inducement of breach of contract and intentional interference with contractual relations; matter ongoing.
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Represent a private equity firm and an investment management firm in a breach of contract action for failure to remit payment under warrant agreements following asset purchase sale; matter ongoing.
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Represented a limited partner against claims that he had overstepped his role in a limited partnership such that he had become personally responsible for the partnership debts. Following a one week trial the jury determined that the client has no such liability.
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Represented a client against claims by his prior attorney that, in addition to an hourly fee which was fully paid during the course of prior litigation, the attorney was entitled to a bonus in excess of $350,000 based upon the outcome of that litigation. The jury determined at the conclusion of trial that the claim had no merit.
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Represented the managing partner of a thoroughbred race horse development partnership against claims by the other partners that the partnership had been mismanaged and that the managing partner should pay damages to the partnership. Following a five day court trial, the judge determined that there was no merit to the claims against the managing partner and awarded him the attorneys’ fees he had in incurred in defending himself against those claims.
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Represented a manufacturer of illuminated advertising display units placed in large shopping malls against claims by a nationwide shopping center owner that the client had breached the lease whereby by these units had been installed in more than thirty shopping malls throughout the United States. A determination that the lease had been breached and that all of the units should be removed from the shopping centers would have resulted in a loss of more than $15 million to the client. Following a two week trial, the Court determined that there was no basis for the claim of breach of lease and awarded the client its attorney fees and costs – in excess of $350,000 – incurred in defending against the claim.
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Represented a water district against its joint venture partner in a 99 year power generation project.
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Defended national railroad company in a suit brought by a public water agency. The agency intended to build a canal intertie that crossed tracks owned by the railroad. The agency contended that its rights to the land were superior and that the railroad was required to either relocate its operations, or pay millions of dollars for the additional cost to tunnel the canal beneath the tracks as opposed to having an open channel canal on the surface of the land. Obtained a complete defense verdict at trial.
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Represented plaintiffs in a federal case involving claims for breach of contract in connection with the sale of a bushing manufacturer to a large, publicly-traded company. Defeated an eight-figure counterclaim on summary judgment and obtained a seven-figure judgment, including attorneys’ fees. Successfully defended the judgment in the 9th Circuit Court of Appeals.
Obtained a six-figure damages award in a federal court jury trial against a celebrity defendant who failed to appear for a live performance.
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Represented trust company in the defense of multiple consolidated class actions and related individual actions, in California and Montana state courts, alleging claims on a number of different theories arising out of defaults on certain trusts, in which actual damages in excess of $125 million were alleged.
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Represented founder and large shareholder of manufacturing company in the defense of securities litigation arising out of a “going private” transaction.
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In re Heritage Bond Litigation 546 F.3d 667 (9th Cir 2008): Represented trust company in the defense of multiple class actions and individual cases, in federal and state courts, alleging claims on different theories arising out of defaulted municipal bonds, including cases consolidated by the Judicial Panel on Multidistrict Litigation, in which actual damages in excess of $150 million were alleged. Appeal involved the scope of bar orders issued by the trial court.
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Represented major chemical distributor in several complex litigation cases alleging claims for strict products liability, breach of implied warranty, and negligence. After protracted litigation, successfully negotiated settlements involving nominal monetary amounts when damages alleged by the Plaintiffs for toxic exposure to chemicals exceeded millions of dollars in each case.
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Represented insured party in lawsuit against insurer and subcontractor involving insurer’s bad faith denial of insurance coverage and subcontractor’s negligence and breach of indemnification agreement. Lawsuit also included insured’s claims for business interference arising out of its client’s termination of service agreement due to insurer’s and subcontractor’s failure to pay out damage caused to aerospace plant facilities by subcontractor. After mediation and subsequent settlement discussions, obtained favorable settlement.
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Obtained summary judgement for a university against person injured at a fraternity party. (University of Southern California v. Superior Court (2018) 30 Cal.App 5th 429.)
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Following 3-week jury trial obtained judgment in favor of former President of a national Bank, who had been sued by the Bank for $18 million based on charges he violated U.S. Banking Regulations “Q” and “Z.” Client obtained defense verdict on the Bank’s claim and a $2.5 million verdict in his favor on the cross-complaint filed on his behalf against the Bank for its failure to indemnify him with regard to a prior proceeding instituted by the Office of the Comptroller of the Currency.
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Obtained $3.5 million judgment in favor of a Pediatric Oncologist following a week-long binding arbitration on the physician’s claims against her former medical partnership and its managing partner for breach of fiduciary duty and fraud. The judgment included an award of $400,000 in punitive damages.
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Represented a general contractor in a dispute with a project owner and its lender on a significant construction project in West Los Angeles. The project involved renovation and construction of an apartment tower and an adjacent mixed use building, and the lender sought to foreclose on the property. On behalf of his general contractor client, Mr. Porter mounted an attack against the construction lender on the issue of lien priority, asserting that the contractor’s mechanics lien was perfected before the construction lender recorded its lien. He ultimately filed a motion for judgment to establish the contractor’s mechanics’ lien priority. Throughout the case, Mr. Porter took on the lead role of coordinating a unified approach to the litigation, working with the numerous sub-contractor attorneys in an effort to control the litigation so as to maximize efficiencies for the contractors, and avoid unnecessary discovery and expense. While the motion for summary judgment was still spending, Mr. Porter negotiated a $1.3 million settlement for his general contractor client, with the settlement proceeds paid to the client and its subcontractors out of escrow in the sale of the building.
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Served as lead counsel for defendant national railroad in a breach of contract and declaratory relief claim relating to a public agency’s rights to operate commuter trains on rail lines owned by the railroad. The potential exposure to the railroad exceeded $100 million. Obtained a defense verdict for the railroad in arbitration which included the recovery of $581,000 in fees and costs.
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Served as lead counsel for plaintiff manufacturer of stainless steel products that were sold to the United States Government for military purposes in an action against a competitor for intentional interference with contract and related business torts. Tried the case to a successful verdict in the United States District Court for the Northern District of California and prevailed on the subsequent appeal before the Ninth Circuit Court of Appeal.
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Represented defendant banking institution in class action suit brought by beneficiaries of structured settlement trusts who alleged that the bank had allowed more than $100 million in trust assets to be improperly transferred. Was a member of the team that obtained a favorable resolution on behalf of the bank.
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In trifurcated trials on behalf of a water district against its joint venture partner in a 99 year power generation project, obtained successful decision in first trial preventing application of the statute of limitations, allowing client to seek contract damages for past 65 years of contract performance. In the second phase trial, successfully established liability under the contract for various types of damages. In the damages and accounting phase of trial, obtained judgment in favor of client. After successfully defending the appeal, client received $26 million.
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Defended claims by state attorney general that former subsidiary had engaged in unfair business practices against consumers
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Defended railroad against insurer’s multimillion dollar indemnity claims for crossing accident
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Represented Pabst Brewing Company with respect to antitrust compliance, including, Hart-Scott-Rodino review, and approval for a series of transactions with an aggregate value exceeding $ 1 billion in which Pabst: (a) acquired the malt beverage business of The Stroh Brewery Company, (b) both sold to and exchanged certain beer labels and brewery assets with Miller Brewing Company, and (c) entered into a brewing agreement with Miller Brewing Company
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Prosecuted claim for reimbursement of all harbor maintenance taxes imposed on beer manufacturer as unconstitutional
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Defended railroad against insurer’s collateral action to circumvent railroad’s indemnity claims in New Mexico
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Obtained contribution from insurer for environmental contamination claims
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Obtained writ of mandate enforcing California Public Records Act request to support Kern County litigation to block disposal of sewage sludge and recovered all litigation expenses
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Prosecuted contract and accounting action to recover unpaid joint venture contract payments and interest due since 1945 in the amount of $16,978,639.48 together with attorneys’ fees of $622,165.42 and costs of $105,851.60
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Defended trust company against alleged nationwide class action seeking in excess of $100 million for dissipated settlement funds
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Prosecuted intellectual property claims and defended alleged antitrust and unfair business practices claims for client product and pricing database information company
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Case Nos. CV 01-5752 DT (RCx), CV 02-382 DT (RCx), CV 02-993 DT (RCx), CV 02-2745 DT (AJWx), CV 02-6484 DT (RCx), CV 02-6841 DT (RCx), CV 02-9221 DT (RCx), and including Companion Case U.S.D.C. Case No. CV 02-6512 DT (RCx) [defended trust company against alleged nationwide class action seeking in excess of $100 million for municipal bond defaults and resultant bankruptcies or receiverships of long term care facilities or hospitals which were acquired or funded with bond offering proceeds]
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Defended all defendants and counterclaimants with respect to patent infringement claims
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(Pending) Coverage counsel for defendant company with respect to shareholder derivative actions
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Consolidated withSensitech, Inc. et al., v. Time ‘N Temperature Co., U.S.D.C. Case No. CV-05-4674-R (PLAx) (C.D. Ca.) Represented patentees in patent infringement and antitrust actions
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Coverage counsel for defendant company with respect to securities fraud actions
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Defended manufacturer of client billing system against patent infringement claims
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Defended jewelry manufacturer and distributor against trademark infringement claims
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Represented all defendants against various claims with respect to distribution relationship
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Obtained dismissal of $60 million case, including trademark and copyright infringement claims brought by Beach Boys’ corporate entity
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Represented defendant and counterclaimant owner of internet-based electronic marketplace for prescription drugs with respect to trademark infringement claims
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(Pending) Representing plaintiffs with respect to class action ERISA claims
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(Pending) Representing defendant with respect to patent infringement claims
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(Pending) Representing plaintiffs with respect to class action ERISA claims
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Representing all defendants with respect to international contract claims
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Representing defendant against patent infringement claims.