Major Cases & Deals
BUSINESS AND COMMERCIAL DISPUTES
- Obtained anti-SLAPP dismissal of abuse of process claim
- Settled state law tort and contract claims arising out of a large property consignment contract
- Tried $60M corporate indemnification claim
- Obtained a complete defense verdict for Stamps.com, the nation’s leading Internet postage provider, in a $40 million “anti-spam” lawsuit, one of the first lawsuits under the federal anti-spam act to go to trial.
- Obtained reversal on appeal of directed verdict and key evidentiary ruling in a San Francisco hedge fund partner compensation and tort case (Ehrlich v. Zlot, Appeal Nos. A139567, A139829 (Cal. Ct. App. Div. 5, May 7, 2015))
- Obtained a complete plaintiff’s jury verdict for Caleel + Hayden, a cosmetics distributor against Valeant Pharmaceuticals following a four-week jury trial. The jury awarded our client $2.4 million, finding that the defendant has breached its distribution agreement with Caleel + Hayden by terminating it, had intentionally interfered with our client’s business relationships, and had engaged in wrongful conduct through fraud by a false promise (the successful result led Valeant to retain us as their litigation attorneys).
- Defended Greka Energy, Inc., a public energy company, in a securities class action alleging misrepresentations and omissions in connection with a going-private transaction. After winning every motion in the case, including a motion for expedited discovery and a motion to enjoin the transaction, we obtained a complete dismissal.
- Represented Rincon Island Limited Partnership, which operates an oil and gas facility on Rincon Island off the Santa Barbra coast, in a lawsuit by a competitor alleging a contractual right to a portion of our client’s profits. After months of litigation in Texas and California, we obtained a complete dismissal of all claims asserted against our client.
- Obtained a confidential settlement on behalf of Stamps.com in a multi-million dollar lawsuit against eBay and PayPal alleging breach of contract and tortious interference with contract. After prevailing on every motion in the case, including a round of motions to dismiss and seeking summary adjudication, we obtained a favorable settlement.
- Obtained a confidential settlement for an investment banker who alleged he had been wrongfully terminated and cheated out of his share of the profits. In a related arbitration, our client recovered his wages, statutory waiting time penalties, and attorneys’ fees.
- Represented Stamps.com in a class action lawsuit alleging that the company’s policies related to the termination of accounts are unfair and unreasonable, and negotiated a complete settlement of all claims.
TECHNOLOGY, IP, ENTERTAINMENT/SPORTS LAW
- Settled unlawful access to computer system and trade secret claims for a permanent injunction and $2.5 million judgment
- Settled federal copyright infringement action in the entertainment industry
- Settled contract and tort action arising out of video game development agreement
- Obtained anti-SLAPP dismissal of fraud and negligence action against two major television networks and corporate affiliates
- Obtained anti-SLAPP dismissal of defamation claims against television station and reporter on First Amendment grounds
- Settled partnership claims re live events, motion picture and merchandising of extreme sports team
- Settled claim based upon negligent performance of a Web site development contract
- Obtained a complete dismissal with prejudice of our clients Home Box Office and Sacha Baron Cohen in a defamation and breach of contract lawsuit relating to an episode of “Da Ali G Show.”
- Negotiated a favorable settlement for Valeant Pharmaceuticals in a dispute with Courtney Cox Arquette over termination of Cox’s endorsement deal for Kinerase skin cream.
- Obtained a $2 million jury verdict in a wrongful termination action on behalf of our client, the former President of Digital Domain, a leading Hollywood special effects firm, in a breach of contract and wrongful termination lawsuit. The jury found, among other things, that our client had been terminated in violation of public policy.
- Obtained a confidential settlement on the eve of trial for our client, Adam Pick d/b/a/ Idol Go Home, in an “idea submission” lawsuit against the owners of American Idol, following a lengthy legal battle in both state and federal court.
- Obtained a highly favorable settlement on behalf of the former Director of Licensing at Virgin Records in a lawsuit alleging fraud, wrongful termination, and breach of contract against Virgin Records and Capitol Records.
- Obtained a highly favorable settlement for our client, a talent agent, who claimed he had been wrongfully terminated.
- Represented the author of Crouching Tiger Hidden Dragon in an action against Colombia Pictures over the motion picture rights to the book (the action was stayed in favor of litigation in Canada where our client resided).
- Negotiated a favorable settlement on behalf of Emmy award winning producer Kevin Wall and his company, Control Room, in connection with disputes over the management of one of their affiliated companies.
- Successfully prosecuted a trademark infringement action on behalf of our client, DAP World, Inc. a leading ear plug manufacturer under the brand name Hearos against Harman-Kardon, which resulted in a favorable settlement.
- Successfully prosecuted a trademark infringement action on behalf of our client, Valeant Pharmaceuticals to protect its famous Bedoyecta mark.
- Represented an animation studio and several of its executives in a case in which plaintiffs sought several million dollars in allegedly unpaid commissions. We obtained a dismissal of two of the defendants at the pleading stage and obtained a favorable nuisance value settlement of the entire case.
- Represented a co-owner of an NHL Hockey Team, the Tampa Bay Lightning, in a partnership dispute with other co-owners.
- Represent NBA player Brandon Jennings in connection with various legal matters related to his career as a star point guard for the Detroit Pistons.
- Represent NBA player Jordan Hill in connection with various legal matters related to his career as a star forward/center for the Los Angeles Lakers.
- Successfully defended former NBA player Al Thornton in a suit by a marketing company which had accused him of breaching a joint venture agreement.
- Represent an NBA player accused of being part of a Ponzi scheme.
- Represented a sports agency in bringing suit to recover unpaid fees owed by a former client.
BUSINESS OWNERSHIP, MANAGEMENT AND CONTROL
- Advised senior executive and major shareholder of $1 billion+ Internet retailing business on corporate control issues
- Advised major shareholder on consent solicitation and proxy contest strategy and tactics in a family investment business
- Advised major member of a limited liability company on termination issues and private equity acquisition of the business
- Settled founder management and control dispute in a rapidly-growing Internet business process outsourcing company
- Tried and settled complex business management claims in an Internet publishing business
COMMERCIAL ADVISORY PRACTICE IN FAMILY, TRUST AND ESTATE LAW
- Advised on spouse's ongoing management and control rights in a rapidly-growing private manufacturing company
- Tried and settled issues re community property characterization of carried interests in six real estate investment limited partnerships. The issues in the case were described by the trial judge as "complex in the extreme"
- Defeated contested writ petition on child custody issue (Maria D. v. Superior Court, Appeal No. A146116 (Cal. Ct. App. Div. 4, September 24, 2015)
- Settled two substantial commercial claims arising from personal relationships (called "Marvin" claims under California law)
- Tried and settled $10 million marital estate, including complex issues of business valuation and acquisition of financial services company
- Settled community property rights in substantial San Francisco Bay Area commercial real estate portfolio
- Settlement of $7.5M claim alleging fraud in a premarital agreement
- Bench trial and successful appeal in $5M marital fraud case
PROFESSIONAL LIABILITY PRACTICE
REAL ESTATE MATTERS
- Obtained summary judgment dismissing all claims against Greka Oil & Gas, Inc., brought by one of the lessors on oil and gas leases in Orange County, seeking to terminate the leases and environmental remediation of the property
- Settled breach of contract action related to non-California real estate financing transaction
- Obtained a multi-million dollar verdict for our clients, commercial real estate investors, following a three-week jury trial. The defendant was found to have negligently failed to deliver supplemental escrow instructions to the seller which caused a multi-million apartment building transaction to fall apart. We also successfully defended the verdict on appeal.
- Obtained a multi-million judgment for our clients, the Bankruptcy Estate of James D. Baker and Florida Asset Financing Corporation, in a real estate dispute involving a Garden Grove Rehabilitation Facility. The Bankruptcy Trustee overseeing the case wrote: “Without a doubt, you have accomplished one of the finest results I have seen in over 46 years of the practice of law.” We successfully defended the verdict on appeal before the Ninth Circuit.
- Obtained a complete plaintiff’s victory for our a real estate developer following arbitration of a bad faith insurance action.
BANKRUPTCY AND CREDITORS RIGHTS
- We currently co-represent the Official Committee of Unsecured Creditors of Heller Ehrman LLP in its post-bankruptcy business litigation, which has included the prosecution of diverse actions arising from a law firm dissolution
- Litigated and settled complex third-party creditor claim involving lien on venture capital fund distributions
- Settled $2M fraudulent conveyance claim arising from the transfer of assets during a federal lawsuit against a professional firm
- Settle California wage and hour claims brought by an employee of a non-U.S. based mobile application publisher
- Settled senior executive employment termination claims in a public Internet services company
- Settled employment termination and harassment claims brought by a sales executive of a private Internet company