BUSINESS AND COMPLEX LITIGATION

Breach of Contract and Related Claims

• Obtained judgment following trial in breach of contract action against owner/officer of corporation under alter ego theory of liability.
• 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.
• 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.
• 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.
• Represent a public water district in a breach of contract action for proceeds due under decades-old agreement with another public entity; matter ongoing.
• 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.
• 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.
• 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.
• 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.
• Acted 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.
• 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.
• 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.

Financial and Other Complex Litigation

• 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.
• Represented founder and large shareholder of manufacturing company in the defense of securities litigation arising out of a “going private” transaction.
• 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.
• 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.)
• Defended claims by state attorney general that former subsidiary had engaged in unfair business practices against consumers.
• 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.
• 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
• Prosecuted claim for reimbursement of all harbor maintenance taxes imposed on beer manufacturer as unconstitutional.
• Obtained judgment, following 3-week jury trial 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.
• Acted as coverage counsel for defendant companies with respect to securities fraud actions and shareholder derivative actions.
• Defended manufacturer of client billing system against patent infringement claims.
• Defended jewelry manufacturer and distributor against trademark infringement claims.
• Represented all defendants against various claims with respect to distribution relationship.
• Obtained dismissal of $60 million case, including trademark and copyright infringement claims brought by Beach Boys’ corporate entity.
• Represented defendant and counterclaimant owner of internet-based electronic marketplace for prescription drugs with respect to trademark infringement claims.

CLASS ACTION DEFENSE

• Represented national moving and storage company in a variety of consumer class actions in various federal and state courts, arising out of policies, practices and procedures of the company.
• 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.
• Defended major golf course owner/operator sued in a certified class action by current and former homeowners and country club members seeking damages of over $40 million for allegedly void transfer fees arising from easement provisions in recorded CC&Rs. Was sole counsel for defendant at trial which resulted in judgment for defendant and was sole attorney for respondent on appeal which affirmed the judgment for the golf course owner.
• Handled trial court and appellate proceedings that made new law in the areas of class action discovery.
• Acted as California counsel for profit educational company in defense of California class action, arising out of certain courses offered by the company.
• 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.
• 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.
• Represented trust company in In re Heritage Bond Litigation 546 F.3d 667 (9th Cir 2008) 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. These include 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.
• 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]

APPELLATE

• Defended plaintiff employee’s appeal of trial court’s order dismissing court action following arbitration award and affirming previous grant of motion to compel arbitration. Court of Appeal held that because the plaintiff failed to timely seek vacatur of the arbitration award, the trial court lacked jurisdiction to consider the motion to vacate and the order of dismissal was an unappealable order.
• Obtained summary judgment on behalf of defendant accused of breaching royalty agreement in connection with licensing of computer “flow charts” underlying regulatory banking software. Decision upheld by United States Court of Appeals for the Ninth Circuit.
• Prevailed at trial with verdict of $84,700,000 in an eminent domain case involving the attempt by the State and City to condemn Los Angeles Union Station; our clients were awarded their fees and costs incurred after the State and City abandoned the taking due to the size of the verdict. State of California v. Union Pacific Land Resources (1985) 179 Cal.App. 3d 307.
• Successful appeals of adverse zoning and planning decisions, including both grants and denials of conditional use permits, variances, changes of zoning, and other entitlements.
• Brought an inverse condemnation action against the metropolitan transportation authority (MTA) on behalf of the owner of nationally recognized historic theater in Hollywood that had incurred significant expenses to mitigate damage to the historic theater during MTA train station construction. After an adverse ruling at the first trial, obtained full reversal from court of appeal in a published decision recognized as one of California Real Property Journal’s Top Ten Real Property Cases of 2003: Cuna Mutual Life Insurance Co.v. L.A. County MTA (2003) 108 Ca.App.4th 382. After successfully establishing liability on retrial, MTA paid $1.6 million in settlement to avoid the damages trial.
• Represented third party Beverly Hills Mansion, LLC in claim to funds that were levied upon by the plaintiff in the action based on allegations of fraudulent transfers. In December 2019, the Fourth Appellate District issued its opinion reversing the trial court’s judgment denying client’s third party claim and remanded the case to the trial court with an order that the trial court enter judgment in favor of firm’s client, Beverly Hills Mansion, LLC, on its third party claim to levied funds.
• Established as a matter of first impression that precedent that permits “bifurcated divorce,” allowing dissolution of marriage before division of community property, as an exception to the one judgment rule. Sole appellate counsel on appeal determining as matter of first impression that a plaintiff’s voluntary dismissal of an action for economic reasons does not constitute the favorable termination necessary to support a claim of malicious prosecution.
• Handled trial court and appellate proceedings that made new law in the areas of class action discovery.
• Second chaired a three-week jury trial involving claims of breach of contract and forgery obtaining a complete victory for the landlord. Responsible for all briefing on appeal with the Second Appellate District affirming the verdict in client’s favor, which resulted in client recovery over two million dollars in attorney’s fees from the opposing party.
• Represented pharmaceutical manufacturer in successful trial to obtain refund of sales and use taxes from State of California, then briefed and argued appeal affirming the judgment based on new interpretation of statutory definition of “medicine.”
• 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.

PARTNERSHIP DISPUTES

• 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.
• Represented the managing partner of a thoroughbred racehorse 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 incurred in defending himself against those claims.

UNFAIR COMPETITION

• Represented a staffing company in the prosecution of a federal RICO case involving claims for fraud, breach of fiduciary duty, misappropriation of trade secrets, Lanham Act violations, etc. Defeated an eight-figure counterclaim on summary judgment and obtained a favorable settlement.
• Prosecuted and defended numerous state and federal cases involving claims for misappropriation of trade secrets by employers against former employees. These cases often involve seeking or resisting temporary restraining orders and injunctions. Obtained a complete defense verdict after a 10-day jury trial for a former employee sued for trade secret misappropriation and breach of fiduciary duty in connection with the formation of a competing business. Recovered attorney fee awards for numerous defendants sued for trade secret misappropriation in bad faith.
• Protected the trade secrets of a supply company from a former employee who misappropriated and divulged confidential information to a competitor.
• Handled well over 50 cases involving claims against employees who changed employment and were accused of taking confidential information of their former employer. Have represented employers and employees in these cases which often involve seeking or resisting Temporary Restraining Orders and injunctions. Many of these cases were resolved on summary judgment, and some resolved by trial.
• Tried to a jury a misappropriation of trade secrets claim involving the purported theft of an idea for a product. After a hung jury, persuaded the trial court to award judgment as a matter of law, affirmed on appeal.
• Defended two employees through a favorable jury verdict who were accused of complicity in a case involving misappropriation of trade secret paint formulas.