Representative Cases

Real Estate | Complex Business Litigation | Patent Litigation | Securities Litigation Practice Group – Representative Engagements

Real Estate

• Represented a private home owner and obtained a six-figure settlement in an action regarding property damage following a sewage spill from the City sewer system.
• City of West Hollywood v. MDA Johnson Favaro, Walker Parking Consultants (Cal. Sup. Ct., Los Angeles County):  Represented the City of West Hollywood against the architects of the design and layout of City’s park expansion project, including new a Library, Council Chambers, and parking structures, resulting in a four million dollar settlement for the client.
• Represented commercial REIT and obtained a settlement in an action brought by a commercial tenant over the ownership of a five million dollar refrigeration unit built into the commercial premises.
• Bay Area Rapid Transit District (B.A.R.T.) v. Tanforan Park Shopping Center (Cal. Sup. Ct., San Mateo County):  Prosecuted and defended claims of condemnation and severance damages in the Superior Court of California, County of San Mateo, resulting in a favorable jury verdict in excess of $33 million.

Complex Business Litigation

• City of West Hollywood v. MDA Johnson Favaro, Walker Parking Consultants (Cal. Sup. Ct., Los Angeles County): Represented the City of West Hollywood against the architects of the design and layout of City’s park expansion project, including new a Library, Council Chambers, and parking structures, resulting in a four million dollar settlement for the client.
• Pabban Development, Inc. v. Kyphon Sarl, et. al. (C.D. Cal.): Represented medical device inventor/developer on a breach of contract matter involving the sale of a patented bone cement delivery system used to treat vertebral compression fractures, with a jury verdict and judgment of $15.4 million plus an award of attorneys’ fees, interest and costs of $8.5 million, which was affirmed by the United Court of Appeals for the Ninth Circuit, resulting in a twenty-five million dollar settlement for the client.
• RE3W, Inc. v. First American Corp. (Cal. Sup. Ct., Orange County): Lead trial lawyer defending against claims of trade secret misappropriation, breach of oral joint venture agreement, and breach of fiduciary duty.
• Perini Building Co., Inc. v. MGM Mirage Design Group, et al. (Nevada State Court, Clark County): Lead trial lawyer for Tutor Perini, one of the world’s largest general contractors, in $650 million dispute with MGM over the construction of the CityCenter in Las Vegas.
• Davis v. Electronic Arts (N.D. Cal.): Represent putative class of retired NFL players in lawsuit seeking in excess of $100 million plus punitive damages for breach of right of publicity in connection with Madden NFL video games.
• Colonies Partners, L.P. v. San Bernardino County Flood Control District (Cal. Sup. Ct., San Bernardino County): Represented landowners in contemporaneous quiet title and inverse condemnation action against the Flood Control District and the County.  After a lengthy court trial resulted in a decision quieting title in favor of the client’s property, the case settled for $102 million in our client’s favor.
• Bay Area Rapid Transit District (B.A.R.T.) v. Tanforan Park Shopping Center (Cal. Sup. Ct., San Mateo County): Prosecuted and defended claims of condemnation and severance damages in the Superior Court of California, County of San Mateo, resulting in a favorable jury verdict in excess of $33 million.
• Clear Channel Communications v. City of Mountain View (Cal. Sup. Ct., Santa Clara County): Obtained summary judgment in favor of the City on claims for breach of lease, fraud and inverse condemnation in connection with an outdoor amphitheater.  Obtained a settlement during the trial on the City’s cross-complaint for fraud, breach of lease and RICO violations, on terms valued at $50 million.
• In Re Orange County Bankruptcy (C.D. Cal.): Represented class of all non-Orange County public entities that invested in Orange County.  Obtained $115 million settlement, which represented a full return of capital invested, plus all attorneys’ fees and costs.

Patent Litigation

• Trial Counsel for surf wave simulation ride design and manufacturing company against claims brought by the industry leader. Obtained a complete invalidation of all asserted patents in an action regarding wave simulation machines. Case is currently pending a final judgment.
• Counsel for international video technology company, obtained an eight figure settlement and future royalties in an action regarding in-flight entertainment systems installed on large commercial airliners.
• Duhn Oil Tool Co. v. Cooper Cameron Corporation (E.D. Cal.): As lead trial lawyer for Duhn (Seabord Wellhead), obtained an eight figure verdict after a one month jury trial in a patent infringement action involving oil and gas wellhead technology.
• Counsel for multi-billion dollar, international technology and video screen company in patent infringement litigation involving LCD display technology.
• Lead lawyer prosecuting declaratory judgment claims of patent invalidity and unenforceability involving Voice over Internet Protocol (VoIP) systems.
• Represented multi-million dollar network infrastructure semiconductor company against claims of infringement of five patents-in-suit for inverse multiplexing over ATM (IMA) devices. Obtained dismissal with prejudice after filing motion to dismiss challenging the complaint and threatening a motion for violation of Rule 11.
• Represented multi-billion dollar semiconductor and infrastructure software company in patent infringement action related to ethernet technology.
• Represented tool manufacturer in a patent infringement action involving machines for servicing automotive transmission systems and intake systems.
• Defended tool manufacturer in a patent infringement action involving an automated system and methods for flushing and refilling automotive braking systems.
• Lead trial counsel defending communication company against claims of patent infringement and prosecuting claims of patent invalidity and unenforceability involving handset-enabled electronic commerce.
• Represent the patent-owner multi-million dollar network infrastructure semiconductor company against claims of invalidity and unenforceability for eight of its patents related to speech coder technology.
• Represented the patent owner multi-million dollar network infrastructure semiconductor company in a patent infringement lawsuit involving patents related to speech coder technology for use in wireless handsets.
• Defended multi-million dollar network infrastructure semiconductor company in a patent infringement action involving ARM’s pipelined processor technology.
• Prosecuted patent infringement and trade secret litigation on behalf of a California-based food company involving claims related to a method of processing food.

Securities Litigation Practice Group – Representative Engagements

• Defense of Tender Offer Challenge (Central District of California & Ninth Circuit): Representing former directors of a network connectivity company in a shareholder class action challenging a tender offer under with the company was acquired for over $600 million. The original complaint asserted violations of Sections 14(d), (e) and 20(a) of the Securities Exchange Act of 1934, alleging that the tender offer recommendation statement issued in connection with the merger was materially misleading because it did not include a single-page chart from a presentation of the company’s financial advisor containing a list of public semiconductor company transactions. The district court granted defendants’ motion to dismiss because, among other reasons, Section 14(d) does not create a private right of action, and Section 14(e) requires scienter, which plaintiff failed to allege. After the district court granted defendants’ motion to dismiss, plaintiff appealed, and on April 20, 2018, the Ninth Circuit issued an opinion affirming the dismissal of plaintiff’s 14(d) claim, but reversing the dismissal of the 14(e) claims, holding that such a claim does not require scienter, creating a split with five other circuits. On remand, the district court again dismissed all claims with prejudice. Plaintiff has appealed to the Ninth Circuit.
• Merger Challenge Settlement (Circuit Court, Oakland County, MI): Represented directors and officers of a power company in a shareholder class action for breach of fiduciary duty, challenging a multi-billion-dollar merger in the energy industry. After the merger closed, defendants moved for summary disposition based on the fully informed vote of a majority of disinterested shareholders, and opposed plaintiffs’ motion for class certification. On the day of the summary disposition hearing, plaintiff agreed to an extremely favorable settlement with a class-wide release.
• Merger Challenge Defense (Delaware Chancery Court): Represented genetic testing company and its directors in a shareholder class action for breach of fiduciary duty, challenging a billion-dollar merger. The complaint alleged that the deal was unfair to the company’s shareholders and that the information statement issued in connection with the merger was materially false and misleading. Plaintiff moved for a preliminary injunction seeking to halt the deal. Concurrent with expedited discovery, the company issued a supplemental information statement to moot plaintiff’s disclosure claims, and plaintiff agreed to a voluntarily dismissal.
• Defense of Fiduciary Duty Claims Based on Delaware Exclusive Forum Clause (Orange County Superior Court): Represented the founder and former chairman of a genetic testing company in a lawsuit brought by former shareholders who claimed they were forced to tender their shares to the company in a self-tender offer two years before the company announced it would be acquired for a higher price. After motion to dismiss filed based on a Delaware exclusive forum provision in the company’s charter, plaintiffs voluntarily dismissed the lawsuit.
• Defense of Section 14(a) Claims (Central District of California): Represented the current and former outside directors of an apparel company against claims under Section 14(a) of the Securities Exchange Act of 1934 and Delaware law, alleging that the company’s proxy statement failed to disclose that the company’s founder and chief executive officer would be removed by the board of directors following the annual meeting. Motion to dismiss granted.
• Defense of Multi-Jurisdictional Fiduciary Duty Claims (Delaware Chancery Court; Los Angeles County Superior Court; Delaware Bankruptcy Court): Represented the current and former outside directors of an apparel company against fiduciary duty claims, alleging that the board of directors, in suspending and ultimately terminating the company’s founder and chief executive officer, breached their fiduciary duties by failing to act sooner and by failing to adopt corporate governance safeguards to protect against a potential takeover and the triggering of a default on the company’s line of credit.
• Defense of Securities Class Action under ’33 and ’34 Act (District of Colorado): Represented former and current officers and directors of a rare earth element mining company against a securities class action alleging misrepresentations about the company’s production capabilities. Motions to dismiss granted.
• Defense of Securities Class Action under Section 10(b) (Southern District of New York): Represented former and current officers and directors of a rare earth element mining company, in a securities class action alleging misrepresentations about the company’s modernization process. Motions to dismiss granted.
• Defense of Preliminary Injunction against Annual Meeting (Central District of California): Represented pharmaceutical company against a motion for preliminary injunction that sought to enjoin a shareholder vote on company’s proposed equity compensation plan. Preliminary injunction denied.
• Defense Against “Bump-Up” Action (Orange County Superior Court; California Court of Appeal): Represented auto finance company and obtained dismissal of a minority shareholders’ “bump-up” action seeking to challenge a public merger, based on the exclusivity of an appraisal remedy under California law. Demurrers sustained and motion for summary judgment granted.
• Special Committee of Pharmaceutical Company Investigates Shareholder Derivative Demand (Delaware Chancery Court): Represented a special committee of the board of directors of a pharmaceutical company in conducting an internal investigation in response to a shareholder derivative demand letter regarding certain alleged breaches of fiduciary duty relating to a financial restatement. Demand rejected. No derivative action.

Securities litigation practice group – further representative engagements

SEC Investigation – Insider Trading (Denver Office)

Representing former sales executive against possible claims for insider trading.  Documents produced, executive examined, anticipating Wells Notice.  Investigation suspended during pandemic.

DOJ Investigation – Money Laundering (Los Angeles Office)

Representing former executive of Dubai-based investment fund against possible claims for aiding and abetting money laundering by fund owner.  Investigation suspended pending pandemic.

Executive Employment Dispute – JAMS (San Diego)

Representing former General Counsel and Chief Administrative Officer in arbitration to recover benefits denied under written employment agreement following termination for cause.

Executive Employment Dispute – Pre-Arbitration Negotiation (San Diego)

Representing employer against claims by co-founder and former chief executive officer under written employment agreement following termination without cause.

Executive Employment Dispute – Pre-Arbitration Negotiation (San Diego)

Representing employer vis-à-vis former chief executive officer following resignation without good reason.

Execute Employment Dispute – Pre-Arbitration Negotiation (San Diego)

Representing employer vis-à-vis present chief financial officer regarding the terms of his departure.

Executive Employment Dispute – Pre-Arbitration Negotiation (New York)

Representing former chief executive officer to recover benefits under written employment agreement following termination without cause.