Antitrust and Unfair Competition
  • Defended national credit card processing company against breach of contract and trademark infringement claims brought by a worldwide credit card brand network, and pursued antitrust and other unfair competition claims on behalf of the processing company.
  • Represented LendingTree, LLC in litigation against former employees and mortgage brokers for alleged computer hacking and theft of borrower lead information
  • As co-lead counsel, represented MCI in federal court action concerning software development contract, trade secret and business tort claims; case settled on eve of trial
  • Represented technology distributor Ingram Micro Inc. in third-party discovery proceedings in antitrust and class action litigation between AMD and Intel
  • Litigated cases of first impression concerning distribution rights for beer distributors under the California Brand Transfer Law, Business & Professions Code ยง 25000.2
  • Represented client in third party discovery proceedings in federal multidistrict Graphic Processing Units antitrust litigation
 
Appellate
  • Recently obtained appellate decision affirming denial of certification of nationwide class of more than 100,000 borrowers seeking $150+ million of damages and rescission of loans from clients LendingTree and LendingTree Loans
  • As lead counsel in appeal from Bankruptcy Court action, successfully compelled arbitration of multi-million dollar fraud and fiduciary duty claims in connection with telecommunications contract (In Re Gurga, 176 B.R. 196)
  • Obtained decision from the Ninth Circuit Court of Appeals affirming a grant of summary judgment in favor of wine producer Beaulieu Vinyard concerning the sale of grapes to Niebaum-Coppola Winery
  • On behalf of Iraqi pro bono asylum applicant, obtained reversal by Ninth Circuit Court of Appeal of Immigration and Naturalization Service’s refusal to withhold deportation, and thereafter gained grant of asylum for client from Board of Immigration Appeals
 
Bankruptcy and Creditors' Rights
  • Litigated claims of equitable subrogation, fraudulent transfers, breach of fiduciary duties and misrepresentation resulting in very favorable settlement for major creditor following sudden closure of CompUSA
  • Representing client in investigation by Bankruptcy Examiner in multi-district bankruptcy, securities, and fraud proceedings arising from 2005 collapse of Refco, Inc.
  • Represented creditor in opposing Canadian debtor’s attempt to require continued business relationship and recapture of collateral through Chapter 15 bankruptcy proceedings in the United States
  • The favorable settlement weeks before trial of a lawsuit demanding that the client return an alleged seven-figure preferential transfer to a bankruptcy estate
  • Represent secured lenders in both chapter 7 and chapter 11 matters in bankruptcy court, including applying for motions for relief from the automatic stay to enforce remedies provided by various loan documents
  • Represented General Electric Capital Corporation relating to $160 million defaulted loan, both in a contested chapter 11 proceeding objecting to plan confirmation and in state court litigation enforcing limited recourse guarantees relating to a large portfolio of apartment buildings located in three different states
  • Obtained the coordinated appointment of a receiver for six different commercial shopping centers located across California in a highly publicized bankruptcy of the primary borrower
  • As lead counsel in appeal from bankruptcy court action, successfully compelled arbitration of multi-million dollar fraud and fiduciary duty claims in connection with telecommunications contract (In Re Gurga, 176 B.R. 196)
 
Class Actions
  • Obtained appellate decision affirming denial of certification of nationwide class of more than 100,000 borrowers seeking $150+ million of damages and rescission of loans from clients LendingTree and LendingTree Loans
  • Favorably settled class action and individual claims of alleged Truth In Lending Act violations for client Pacific Mercantile Bank
  • Mediated the favorable settlement of a class action complaint against Chase Bank accused of unfair business practices and privacy violations in credit card marketing
  • Obtained voluntary stipulated dismissal of putative class action case by borrowers against U.S. Bank alleging fraud and breach of contract of Option Adjustable Rate Mortgages loans
 
Commercial Contract Disputes
  • Represented world’s largest technology distributor Ingram Micro Inc. in binding arbitration brought by national speaker manufacturer demanding $30 million of damages for alleged breach of distribution contract, trademark/trade dress infringement and copyright violations
  • Obtained recovery of unpaid invoices from bankrupt company and from company’s former president based on alleged misrepresentations and fraudulent transfer of company’s assets
  • Represented client in California litigation against Canadian company for breach of consulting services agreement; negotiated settlement and re-drafted consulting services agreement
  • In multi-party federal court action concerning disputed termination of government contract for video teleconference technology, represented The CIT Group/Equipment Financing as lead counsel in action to enforce rights to lease stream payments from contract and against manufacturer claims
  • Represented one of the world’s leading plastic container and pallet manufacturers, Rehrig Pacific Company, in multimillion dollar binding arbitration concerning licensing and patent disputes
  • Litigated and mediated favorable settlement of client’s claims against software developer for failure to deliver timely and functional online product services software application
  • Represented higher education online referral company with claims of breach of contract, fraud, and violations of anti-spam laws against online lead aggregating company
  • Represented talent agency and music performer in mediated settlement of contractual dispute with concert booking agent
 
Contracts and Corporate Policies
  • Negotiated international outsourcing agreements
  • Drafted document retention and destruction policies, including electronic document preservation and litigation hold policies
  • Negotiated and drafted technology licensing agreements
  • Reviewed and drafted employee handbooks
  • Drafted employee non-compete, non-solicitation, confidentiality and intellectual property assignment agreements
  • Negotiated and drafted lead referral marketing agreements
  • Drafted independent contractor consulting services agreements
  • Created waivers of liability and indemnity agreements
  • Drafted product manufacturer warranties and limited warranties
 
Financial Institutions
  • Recently obtained appellate decision affirming denial of certification of nationwide class of more than 100,000 borrowers seeking $150+ million of damages and rescission of loans from clients LendingTree and LendingTree Loans
  • Obtained a complete defense judgment for CIT Small Business Lending Corporation where plaintiffs sought in excess of $3.3 million based on claims for intentional and negligent fraud and breach of fiduciary duty in connection with a business loan; obtained a complete judgment for the full amount of the deficiency owing on the loan by the guarantors, as well as an award of all attorneys’ fees in connection with the action
  • Recently obtained appellate decision affirming complete dismissal of Unruh Act (California’s anti-discrimination law) claim asserted by potential investor against mezzanine lender controlled by General Electric Capital Corporation
  • As lead counsel in appeal from Bankruptcy Court action, successfully compelled arbitration of multi-million dollar fraud and fiduciary duty claims in connection with telecommunications contract (In Re Gurga, 176 B.R. 196)
  • Successfully represented three different banking and lending institutions in court-approved dissolution proceedings
  • Represent several major financial institutions as part of their efforts to enforce commercial acquisition and/or development loans, by obtaining the appointment of real property and business dissolution receivers, and pursuing guarantors and sureties under both full recourse and limited recourse guarantees, as well as unlawful detainer and breach of lease claims against hold-over tenants
  • Represented KPMG in litigation seeking damages in excess of $60 million allegedly resulting from illegal off-shore tax shelter advice
  • Represented Bank of America in securing the appointment of a receiver to take over the Ritz-Carlton Hotel in Lake Tahoe, California due to the default of a $140 million loan
  • Represented Bank of America in action to enforce buy-back from major life insurance company $25 million dollars in failed loans for real estate development, and defended lender-liability claims brought by insurance company against bank; complete recovery of principal and interest by Bank
  • Represented General Electric Capital Corporation relating to $160 million defaulted loan, both in a contested chapter 11 proceeding objecting to plan confirmation and in state court litigation enforcing limited recourse guarantees relating to a large portfolio of apartment buildings located in three different states
  • Represented Bank of America in connection with the appointment of a real property receiver involving the breach of a $72 million credit line secured by 14 different deeds of trust involving real property located in three different counties in what was a highly publicized failure of a large home builder
  • Represent secured lenders in both chapter 7 and chapter 11 matters in bankruptcy court, including applying for motions for relief from the automatic stay to enforce remedies provided by various loan documents
  • Obtaining summary judgment in favor of a state agency low income housing lender against a $10 million cross-claim alleging fraudulent representations in the agency’s loan documents
  • Favorably settled class action and individual claims of alleged Truth In Lending Act violations for client Pacific Mercantile Bank
  • Mediated the favorable settlement of a class action complaint against Chase Bank accused of unfair business practices and privacy violations
 
Insurance
  • Represented Ingram Micro Inc. in insurance coverage action concerning business interruption caused by damage to computer network and obtained precedent-setting ruling that loss of computer programming is physical damage
  • Arbitrated claim against fidelity insurer for refusal to pay benefits for employee theft
  • Represented client International Rectifier in claims against insurance company for coverage of losses resulting from hydrochloric acid spill
  • Obtained settled for corporation in lawsuit against insurance company based on insurer’s wrongful refusal to pay benefits for employee theft, forgery and counterfeiting
 
Intellectual Property, Technology and Trade Secrets
  • Obtained a complete defense verdict after a three-week binding arbitration for a client accused of misappropriating trade secrets and patent infringement related to the development of a groundbreaking wearable artificial kidney dialysis device
  • Represent party in international trade secret/intellectual property matter concerning web interface and product information
  • Obtained indemnity for distribution company from digital music player manufacturer against claims of patent infringement
  • Represented Ingram Micro Inc. in action seeking recovery for copyright and trademark infringement
  • Defended Ingram Micro Inc. in federal court action brought by party seeking indemnity for alleged copyright and trademark infringement and other business torts concerning Novell software; obtained ruling that indemnity for copyright and trademark infringement are barred as a matter of law
  • Represented software distributor in federal court action over counterfeit product exceeding $3 million
  • Represented company and newly hired executive against claims of breach of employment contract and misappropriation of radio frequency ID trade secrets brought by executive’s former company
  • Obtained complete settlement and dismissal of claims of trade secret and property theft brought by cosmetic industry company against former executive
  • Obtained complete dismissal without liability for company and newly hired executive in lawsuit alleging claims of breach of employment contract and misappropriation of radio frequency ID trade secret technology brought by executive’s former company
  • Represented translation services business in litigation against former employee and new employer for alleged theft of customer lists and misappropriation of trade secrets
 
Labor and Employment
  • Successfully settled multiple wage and hour class action lawsuits filed against a mortgage lending company controlled by HSBC which asserted claims for failure to pay overtime wages and failure to provide meal and rest periods
  • Favorably settled wage and hour class action claims against Norms Restaurants following successful motion practice limiting the applicable statute of limitations and thereby becoming one of the first trial courts to rule on the issue
  • Numerous C-Level officer representations in wrongful termination actions
  • Advised international manufacturer of fiber cement products on the enforceability of its non-competition and non-disclosure agreements with its employees in various states, and assisted client in preparing new employment agreements
  • Obtained complete settlement and dismissal of claims of trade secret and property theft brought by cosmetic industry company against former executive
  • Drafted employee non-compete, non-solicitation, confidentiality and intellectual property assignment agreements
  • Advised client on company’s classification of certain employees in connection with a complicated Department of Labor investigation
  • Obtained complete dismissal without liability for company and newly hired executive in lawsuit alleging claims of breach of employment contract and misappropriation of radio frequency ID trade secret technology brought by executive’s former company
  • Litigated and favorably settled wrongful termination and retaliation case brought by former employee against client Home Loan Center, Inc.
  • Represented and obtained complete recovery for former employee of security alarm company in litigation against former employer for breach of stock repurchase agreement
 
Merger & Acquisition Disputes
  • Prevailed in accounting arbitration of purchase price adjustment and related litigation arising from client’s $96 million acquisition of target company
  • Obtained directed verdict after federal court trial for client DBI Distributing in case concerning issues of first impression of the transfer of beer distributorship rights under California’s Brand Transfer Law, Business & Professions Code section 25000.2
  • Represented Rehrig Pacific Company in defense of a multi-million dollar claim for the payment of an earn-out set forth in an asset purchase agreement concerning the sale of a dairy pallet business
  • Litigated and favorably settled client’s claims of breach non-compete agreement, and defended opposing party’s claim of breach of earn-out provision, in $15 million asset purchase agreement
  • Represented a multi-billion dollar private equity company in a complex dispute regarding the acquisition of three telecommunications businesses previously owned by Staples, Inc. involving a purchase-price adjustment arbitration and a separate breach of contract lawsuit
  • Representation of a private equity company in a purchase price adjustment arbitration and breach of contract case involving the acquisition of a wood blinds manufacturing business
  • Advised client with interpretation and application of accounting procedures in $4 million asset purchase agreement earn-out provisions; arbitrated and beneficially resolved claims
 
Partnership, Shareholder and Derivative Disputes
  • Represented DHL Corporation in federal court action seeking to enforce terms of a Shareholder Agreement permitting the Company to purchase 60% of its outstanding shares from the estate of a deceased shareholder, which resulted in acquisition of controlling interest in Company
  • Successfully defended derivative claims of fraud and breach of fiduciary duty brought against client TransAsia Infrastructure in U.S. federal court and Singapore International Arbitration Centre; settlement enabled $75 million sale of India’s largest tollway bridge project
  • Represented company in successful opposition of LLC member’s attempt to block company’s merger and force a buy-out of member’s interest at inflated price
  • Represented bank in derivative action alleging mismanagement and breach of fiduciary duty; obtained appointment of special litigation investigator resulting in dismissal of derivative claims
 
Real Estate and Construction Litigation
  • Litigated and obtained favorable settlement of client’s claim against landlord for wrongful termination of long-term commercial lease and landlord’s claims for property damage
  • Represented the owner of a commercial shopping center in a four-week binding arbitration in defense of construction contract and in pursuit of construction defect claims
  • Represented Bank of America in securing the appointment of a receiver to take over the Ritz-Carlton Hotel in Lake Tahoe, California due to the default of a $140 million loan
  • Represent several major financial institutions as part of their efforts to enforce commercial acquisition and/or development loans, by obtaining the appointment of real property and business dissolution receivers, and pursuing guarantors and sureties under both full recourse and limited recourse guarantees, as well as unlawful detainer and breach of lease claims against hold-over tenants
  • Represented Bank of America in connection with the appointment of a real property receiver involving the breach of a $72 million credit line secured by 14 different deeds of trust involving real property located in three different counties in what was a highly publicized failure of a large home builder
  • Commercial and residential unlawful detainer actions on behalf of landlords and tenants
  • Obtained the coordinated appointment of a receiver for six different commercial shopping centers located across California in a highly publicized bankruptcy of the primary borrower
  • Advised client concerning potential RICO and fraud claims stemming from failed real estate housing development scheme
 
Securities and Government Investigations
  • Representing Ingram Micro in multi-district securities, fraud and bankruptcy proceedings arising from 2005 collapse of Refco, Inc.
  • Managed and favorably settled SEC enforcement proceeding of alleged wrongful accounting based on product distribution and returns
  • Represented telemarketing business in FTC investigation, receivership and shut-down proceedings
  • Responded to SEC and CFTC investigatory subpoenas of client’s relationship with failed brokerage firm
  • Responded to California Department of Corporations subpoena concerning client’s transactions with manufacturing partner