Selected Matters

Complex Commercial Litigation

• Represented climate finance and carbon credits development firm in connection with purported contract termination by client’s anchor investor, a portfolio company of global private equity firm, involving parallel proceedings in Delaware superior and chancery court and in arbitration before the International Chamber of Commerce (ICC). Secured complete dismissal of Delaware proceedings brought by investor in favor of ICC arbitration. Obtained an award in ICC emergency proceedings requiring investor to honor disputed capital call and pay attorneys’ fees and costs. Shortly thereafter, the parties agreed to a favorable settlement involving multimillion dollar payment to our client.
• Represent a leading public adjuster firm in litigation against former executives and employees, involving breach of fiduciary duties and anticompetitive conduct and disputes regarding company valuation.
• Obtained successful settlement restoring 100 percent of lost funds following loss of more than $15 million of our client’s funds held in escrow by client’s investor due to an internet phishing scam.
• Represented a cannabis technology company in litigation against international law firm that formerly represented client, involving claims of more than $4 million in unpaid fees and malpractice by law firm, resulting in a successful settlement shortly before trial.
• Represented the largest hotel in Los Angeles in litigation against a municipal transportation authority concerning nuisance, environmental, and constitutional claims related to a subway expansion project.
• Secured a favorable verdict in jury trial in Napa County, California for breach of a non-disparagement clause of a settlement agreement.
• Obtained a successful verdict for breach of warranty and damages for reduction in business in “bellwether trial” on behalf of hundreds of Arco gas station franchisees in mass action litigation against franchisor British Petroleum and Retalix, Inc. over defective hardware and software systems and gasoline pricing, following five-week jury trial in Los Angeles Superior Court.

Employment

• Negotiate employment and separation agreements for individuals and companies, addressing complex compensation, confidentiality, non-disparagement, and intellectual property issues.
• Advise California employees in connection with employment agreements applying law of another state.
• Advise clients in higher education, technology, finance, and hospitality industries on employment law matters, including employee classification and civil rights issues.

Sports law

• Represented NFL player in a dispute with Fantex, Inc., securing arbitration verdict for over $1.1 million in based on violations of California’s Miller Ayala Athlete Agents Act.
• Represented U.S. bankruptcy trustee for estate of NHL player in claims for violations of the Miller Ayala Act in connection with sought loans issued to player by Sure Sports, Inc., resulting in award of restitution of more than $450,000 to player’s estate and disallowance of Sure Sports’ claim for over $1.1 million in additional fees.

Antitrust/Unfair Competition

• Represent crab fishing company in purported price-fixing class action in Northern District of California.
• Represent leading online retailer in purported class action alleging violations of California’s false advertising law and unfair competition law.
• Represented leading Japanese electronics maker in wide-ranging multi-year worldwide antitrust proceedings relating to alleged price fixing in the TFT-LCD panel market, which included:
  • Nationwide federal MDL in the Northern District of California, involving class actions by direct and indirect purchasers
  • Individual actions by opt-out plaintiffs including global electronics makers and retailers, and state attorneys general
  • Government enforcement proceedings by U.S. DOJ, EU DG-Competition, Japan Fair Trade Commission, and Korea Fair Trade Commission.
  • Weeklong arbitration conducted under AAA/ICDR rules defending $300 million damages claim by major U.S. retailer, resulting in favorable settlement prior to verdict.
  • Appeals in Ninth Circuit and Seventh Circuit, resulting in published U.S. Supreme Court decision regarding application of Class Action Fairness Act to attorney general parens patriae actions.
• Represented an agricultural cooperative in a multidistrict antitrust litigation involving price-fixing in the egg and egg products market.
• Acted as individual counsel for employees of corporate defendants involved in antitrust actions, providing advice and representing them during depositions.
• Provided ongoing counsel to clients on regulatory developments in antitrust law and the antitrust implications of business practices.
• Achieved successful pre-litigation resolution on behalf of multiple online retailer clients purported class action demands under California Invasion of Privacy Act and related statutes based on operation of chatbots, pixels, and cookies on clients’ websites.

Intellectual Property

• Represented an online vehicle auction company in federal litigation against a global consulting firm over a failed SAP software project and trade secret theft, resulting in a $20 million verdict following federal jury trial.
• Represented a software startup and key executives in trade secret and employment-related claims by competitor, a global maker of computer lithography hardware and software, culminating in a five-week trial in Santa Clara County Superior Court.
• Represented software startup in wildfire insurance risk management field in successful pre-litigation resolution of trade secret misappropriation claims by insurance company.
• Represent software startup in dispute with former chief technology officer relating to misappropriation of trade secrets including company’s source code repository.
• Enforced clients’ IP rights against trademark and trade dress infringement, successfully resolving disputes through pre-litigation negotiations.