Selected Matters

Complex Commercial Litigation

• Represent leading cannabis technology company in malpractice litigation with international law firm.
• Represent largest hotel in Los Angeles in litigation against municipal transportation authority in action for nuisance, environmental, and constitutional claims as a result of unreasonable manner of construction of a subway expansion project.
• Representedhundreds of Arco gas station franchisees in mass action litigation against franchisor British Petroleum, asserting claims based on rollout of defective hardware and software system to manage station operations. Five-week jury trial in Los Angeles Superior Court of claims of four “bellwether” plaintiffs resulted in verdict finding defendant breached the warranty of merchantability, and damages for resulting reduction in business.
• Represented provider of online vehicle auction and remarketing services in federal litigation against global consulting firm regarding the consulting firm’s failed implementation of an SAP software implementation project and theft of trade secrets. Four-week jury trial resulted in a $20 million verdict for fraud and professional negligence.
• Represented software startup and its key executives in trade secret and employment-related claims by competitor, a global maker of computer lithography hardware and software. 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.

Antitrust/unfair competition

• Represented leading Japanese electronics maker in wide-ranging multi-year worldwideantitrust proceedings relating to alleged price fixing in the TFT-LCD panel market
  • 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 FairTrade Commission, and Korea Fair Trade Commission.
  • Weeklong arbitration conducted under AAA/ICDR rulesdefending $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
• Represented agricultural cooperative in multidistrict antitrust litigation alleging price-fixing in market for eggs and egg products.
• Served as individual counsel for employees of defendants in antitrust actions, advising on criminal implications of providing deposition testimony, and represented individuals at depositions.
• Advise clients on regulatory and statutory developments in antitrust and competition law and provide counsel regarding antitrust implications of wide range of business issues.

Employment

• Represent both individuals and companies in negotiating terms of separation agreements, including complex compensation arrangements, confidentiality and nondisparagement issues, and intellectual property rights.
• Represented clients in restaurant and hospitality, finance, and technology sectors in wage-and-hour class actions, single-plaintiff suits alleging age and racial discrimination, and whistleblower complaints.
• Provide advice and counsel to clients in higher education, technology, finance, and hospitality industries, on issues including: employee/independent contractor status; exempt classification; and application of federal and California civil rights laws.

Intellectual Property

• Litigated trade secrets related claims in a variety of 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 parties using infringing trademarks and trade dress in websites, domain names, and product designs, achieving successful pre-litigation resolutions in each instance.