Selected Matters

Complex Commercial Litigation

• Represented an individual in a breach of a non-disparagement clause of a settlement agreement, securing a favorable verdict after a one-week jury trial.
• Represent a leading public adjuster firm in litigation against former executives and employees, involving breach of fiduciary duties and anticompetitive conduct.
• Represented climate finance and carbon credits developer in connection with loss of more than $15 million in funds held on behalf of client by client’s investor, a portfolio company of global private equity firm, resulting in successful settlement restoring all funds to client.
• Represented a prominent cannabis technology company in litigation against international law firm that formerly represented counsel involving claims of more than $4 million in unpaid fees and malpractice by law firm, resulting in a successful settlement just 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.
• Represented 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. The resulting five-week jury trial led to a verdict affirming the breach of warranty and damages for the reduction in business.
• 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 leading university system in claims against global consulting firm relating to failed implementation of Oracle/PeopleSoft enterprise resource planning software.

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.
• Advised 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.
• Represent U.S. bankruptcy trustee for estate of NHL player seeking restitution and cancelation of over $1.5 million in fees collected or sought by Sure Sports, Inc. for violations of the Miller Ayala Act.

Antitrust/Unfair Competition

• 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.

Intellectual Property

• Litigated trade secret claims in diverse contexts, including prosecuting and defending claims of trade secret theft by former executives; prosecuting theft of proprietary software code by ERP integrator consulting company; and litigating value of trade secrets included in sale of business.
• Enforced clients’ IP rights against trademark and trade dress infringement, successfully resolving disputes through pre-litigation negotiations.