Litigation

Overview


With expert trial and appellate attorneys in many areas of law, Wendel Rosen handles a wide variety of civil litigation matters on behalf of clients. When negotiations break down, contracts are breached, or a dispute cannot be otherwise resolved, the attorneys of the firm's litigation group help clients to devise a well-thought-out strategy for putting an end to the conflict. Working with clients, litigation attorneys ensure that the resolution strategy our clients undertake is one that fits with their overall business objectives. We weigh the pros and cons, lay out possible outcomes, and advise clients based on our understanding of their business priorities, industry conditions and risk tolerance.

Sometimes arbitration or mediation is the first or best place to begin the dispute resolution process. Our attorneys help clients determine if one of these methods is right for their situation and then, if so, we advise them through the process. When alternative forms of dispute resolution fail or are undesirable, sometimes taking a matter to trial is the only option. When that is the case, clients know they can count on an experienced team of attorneys and paraprofessionals.

Firm attorneys have handled trial and appellate matters from local jurisdictions through the United States Supreme Court, including all levels of appellate courts in California. Many of our attorneys have been retained as consultants and expert witnesses in other cases. Others have served as judges pro tem, mediators or arbitrators.


Experience
  • Obtained significant settlement for governmental agency against manufacturer of defective roadway material.

  • Obtained favorable settlement of class action lawsuit involving alleged violations of Unruh Act.

  • Obtained defense verdict for client in breach of personal guaranty action.

  • Member of trial team that obtained defense verdict for client in employment dispute involving claims of discrimination and retaliation.

  • Second-chair of trial team that secured dismissal of action arising from real estate action and alter ego claim following several days of trial.

  • Obtained favorable settlement of dispute between shareholders of privately-held company pertaining to the ongoing operation and management of company.

  • Defended an international mail room equipment manufacturer in a large-scale contractual dispute with its national network of distributors following the client’s merger with a former competitor.  Favorable early motion rulings effectively fractured the plaintiff group, and the case settled quickly for an amount far below the original demand.*

  • Led appeal team effort on behalf of a Northern California County to enforce contractual and regulatory rights over agricultural land governed by the California Land Conservation Act (Williamson Act).  Obtained complete reversal of trial court’s adverse judgment, which resulted in a published appellate decision – County of Humboldt v. McKee (2008) 165 Cal.App.4th 1476.  Also secured dismissal of opponent’s related appeal, and prevailed on a writ of mandate governing trial court proceedings on remand.*

  • Lead-author of amicus curiae brief filed by major Taiwan and U.S. Wi-Fi manufacturers (and joined by Microsoft Corporation) in the U.S. Court of Appeals for the Federal Circuit in a closely watched patent infringement case.*

  • Lead trial attorney in a two-week jury trial prosecuting a Uniform Commercial Code promissory note case; obtained judgment and “prevailing party” attorney fee awards totaling $2.6 Million.*

  • Defended a commercial real estate owner from claims that it breached a contract to sell its commercial property by proving that the contract was illegal and unenforceable under the California Subdivision Map Act.  The court of appeal affirmed the trial court’s judgment in favor of client in a published decision – Sixells, LLC v. Cannery Business Park (2008) 170 Cal.App.4th 648.*

  • Represented a regional franchisee of a major real estate brokerage in a case alleging trade secret theft. Case settled early and favorably, with all claims being dismissed in exchange for no monetary compensation.

  • Represented an industrial component distribution company and its chief executive accused of trade secret misappropriation. Defeated motions for temporary restraining order and preliminary injunction, resulting in quick settlement for a small fraction of the original demand.*

  • Lead trial attorney representing manager of private money lender LLC defending claims by member based on fiduciary duties. Defeated two claims pre-trial; obtained dismissal of final claim (with prejudice) on third day of trial.

  • Co-lead attorney defending a print brokerage company accused of misappropriating trade secrets and driving a vendor into bankruptcy by hiring the vendor’s key employees. Defeated RICO claim on demurrer. Depositions and motion work set the stage for favorable settlement with an insurance company funding the majority.*

  • Prosecuted trademark infringement claims for an internationally-known sporting equipment manufacturer against a competing enterprise selling infringing golf clubs. Filed motion for preliminary injunction, which provoked quick and favorable settlement.*

  • Represented a Bay Area corporate inventor and licensor of patented water filtration devices prosecuting an action for breach of a patent license agreement against a large New York based global producer and distributor.  Shortly after the submission of briefing on a pivotal motion for summary judgment, the case settled on favorable terms.*

  • Lead trial attorney in binding arbitration representing a real estate development company and ground lessee seeking to exercise an option to purchase commercial property. Obtained award enforcing the option (defeating claims of invalidity) at less than half the “fair market" price demanded by seller.*

  • Co-chaired one-week arbitration defending homebuilder from fraud claims by a group of homeowners.  After lengthy cross-examination of the plaintiff’s chief expert witness, and direct examination of the chief defense expert, the case settled quickly and favorably, with insurance funding most of the settlement.*

  • Co-counsel to global agribusiness lender pursuing $100 million fraud and fiduciary duty claims against another global bank involving the purchase of bad syndicated loan debt. Obtained appellate reversal of the lower court’s adverse judgment.*

  • Conducted jury trial, successfully defending international manufacturer client and its U.S. subsidiaries against fraud and breach of merger agreement claims brought by acquisition company in California state and federal courts.*

  • Achieved favorable settlement for franchisor in multi-state litigation by franchisees alleging antitrust, unfair competition and breach of contract claims.*

  • Represented a sub-licensor of 900 MHz radio spectrum in action against a major wireless carrier for breach of operation and management agreement. Case settled weeks before trial for seven figures.*

  • Second chaired trial in U.S. Bankruptcy Court prosecuting a non-dischargeability action for fraud against a debtor. Obtained six-figure judgment in client’s favor.*

  • Negotiated multimillion settlement of shareholder/member dispute in closely held corporation and partnership.*

  • Obtained $600,000 plus award for entrepreneur on breached promissory notes.*

  • Defeated restraining order and preliminary injunctions for terminated employees accused of trade secret, breach of non-disclosure and non-compete agreements.*

  • Favorable settlement for service provider enforcing output contract which had been improperly terminated based on pretext.*

  • Favorable settlement for lender client in dispute with borrower over borrower’s alleged rights to increase loan amount.*

  • Obtained dismissal of federal RICO class action alleging that residential property manager improperly withheld tenant security deposits.  Subsequently settled related state court class action entirely through insurer contributions.

  • Successfully brought action for involuntary dissolution of limited liability company and obtained attorneys' fee and cost award for partners that were being held hostage by managing member.*

  • Brought action to enforce multi-million dollar promissory note for client-lender relating to property subject to foreclosure action.*

  • Tried to successful conclusion homebuilder’s claims against neighboring gun club for trespass and nuisance, obtaining $2.3 million judgment and permanent injunctive relief.  Successfully defended judgment on appeal.

  • Prosecuted fraud action against ASIC manufacturer resulting in eve of trial settlement of $7.1 million in Accton v. Micro Linear in California state court.*

  • Prosecuted developer specific performance action against seller, obtaining attorneys’ fees award.*

  • Renegotiated buy-out agreement clarifying and increasing clients’ right to work in industry.*

  • Represented various buyer and seller clients in real estate non-disclosure cases.*

  • Enforced lease agreements for commercial developer.*

  • Achieved full defense verdict in jury trial for East Bay engineering firm accused of trade secret misappropriation and unfair competition.*

  • Favorable settlement for one of country’s largest commercial residential developers against municipality regarding prevailing wage issues.*

  • Successfully obtained discharge from bankruptcy court on behalf of several defrauded creditor clients.*

  • Successfully represented a municipality's port in the IFC Kaiser Engineering chapter 11 bankruptcy involving a large construction project.

  • Represented public and private sector clients regarding compliance with the Ralph M. Brown Act open meeting law

  • Represented public agencies in defending claims subject to the Government Claims Act and prosecuting claims for breach of contract

  • Represented wholesaler in claim for breach of requirements contract, including the enforceability of a liquidated damages provision

  • Prosecuted fraud action against PC board component manufacturer resulting in eve of trial settlement of $2.6 million in Accton v. Pulse Electronics in California state court.*

  • Represented beneficiary with respect to trust claims, including issues of undue influence and applicability of a no-contest clause

  • Obtained complete award plus attorneys’ fees and costs totaling more than $600,000 in arbitration enforcing client’s rights under settlement agreement.*

  • Enforced multi-million promissory notes for numerous lender clients.*

  • Represented individual in corporate dispute, involving breach of fiduciary duty and unfair business practices

  • Represented real property owners in secured transactions and foreclosure disputes

  • Sandy v. Superior Court (1988) 201 Cal.App.3d 1277, which concerned interpretation of a statute establishing a ten-year statute of limitations for latent construction defects.

  • State Water Resources Control Board v. Office of Administrative Law (1993)12 Cal.App.4th 697, which involved the issue of whether certain regulations had been adopted in compliance with California’s Administrative Procedures Act.

  • Greenwich S.F., LLC v. Wong (2010) 190 Cal.App.4th 739, which involved the issue of whether lost profits were properly awarded to the buyer after a seller breached a real property sales agreement.

  • Obtained insurance coverage for a lawsuit against an international Internet-based company after coverage was initially denied

  • Successfully represented in lawsuit by a startup software company against prominent Silicon Valley company for violating trade secrets and software license agreement.

  • Obtained insurance coverage for a lawsuit against a quasi-governmental agency after the claim was initially denied, allowing the case to settle with the insurer paying nearly 100% of the settlement

  • Successfully represented organics company against lawsuit by dissident shareholder and director of breaches of fiduciary duties, failure to allow inspection of corporate records, misappropriation of corporate opportunities, involuntary dissolution and wrongful termination of employment claims

  • Successfully represented wholesaler distributor and reseller of cellular phone services in a lawsuit against claims by dissident shareholder and director of breaches of fiduciary duties, misappropriation of corporates opportunities and involuntary dissolution.

  • Successfully represented venture capital fund and its majority shareholder in a lawsuit through trial which was filed by its former CEO and a minority shareholder alleging violation of his employment contract, unpaid severance and wages, and breach of an agreement to repurchase CEO’s shares in the venture fund

  • Forced multiple insurance carriers for a townhouse developer to settle a multi-million dollar construction defect lawsuit with no contribution from the policyholder/developer

  • Forced carriers in construction defect lawsuit to pay significantly larger share of the settlement for the plaintiff's claims

  • Represented various parties in protracted insurance-coverage litigation relating to environmental contamination at industrial sites

  • Received favorable court ruling in a case involving a city’s improper suspension of an issued building permit and enactment of an emergency ordinance to prevent construction of the client’s project

  • Successfully obtained a jury verdict at trial while representing a commercial tenant against the landlord and adjoining tenant for breach of the commercial lease and fraud relating to exclusive parking areas on the property

  • Obtained near 100% recovery for a major publicly held corporation after its insurer denied coverage for mold-related claims

  • Successfully represented physician and surgery center against claims by former nurse for alleged wrongful termination, breaches of public policy rights, unpaid wages, penalties and interest.

  • Successfully represented an independent manufacturer of medical equipment in lawsuit against wholesaler/dealer who filed to fulfill contract order or pay for equipment manufactured and delivered by successfully obtaining a prejudgment writ of attachment in excess of $1 million that effectively forced the wholesaler/dealer to immediately settle the lawsuit and paid the full amount owed

  • Negotiated resolutions of complex coverage issues involving claims-made and reported professional liability claims

  • Successfully represented a medical staffing company and a surgeon in a lawsuit brought by the surgery scheduler after she was terminated from employment while she was on a disability leave of absence as a result of a reduction of workforce business decision.

  • Obtained high-limit excess insurance coverage without litigation, after the carrier had initially denied the claim

  • Recovered $15.5 million in delay damages and extras from the City of Beverly Hills for the general contractor who built the city’s new Civic Center.

  • Recovered $1.8 million from one of the largest mechanical contractors in the U.S. who abandoned a winery project in Northern California.  The total attorneys’ fees expended for the client in this matter were less than $125,000.

  • Obtained a $27 million verdict for a shopping center owner in an eminent domain case involving acquisition of a significant portion of the center’s parking for a transit station

  • Successfully negotiated contractor and subcontractor claims in excess of $2.5 million on the the State of California’s Pelican Bay Prison Project.

  • Successfully negotiated over $20 million of contractor and subcontractor claims on the State Office Building in San Francisco.

  • Successfully negotiated a surety’s payment of more than $2.5 million from the City of Los Angeles to a general contractor client and its surety for delays on several projects taken over by the client after abandonment by the previous contractor.

  • Successfully negotiated the resolution of claims in excess of $1 million on AC Transit’s Oakland headquarters building.

  • Recovered $950,000 (including attorneys’ fees) for a property owner after a three week jury trial for damage to property caused by earth movement.

  • Recovered $875,000 (including attorneys’ fees) from a developer after a two week trial for a local general contractor who had been unfairly backcharged by the developer.

  • Successfully negotiated on behalf of the owner and general contractor of a large hotel in San Francisco the settlement of some twenty subcontractor claims for project acceleration in the total amount of $7 million. 

  • Extensive experience defending regional and national residential home builders in construction defect litigation throughout California.

  • Cost recovery and enforcement litigation respecting industrial plants, agricultural chemical distributors and formulators, bulk storage facilities, and transmission pipeline releases under CERCLA, RCRA and HSAA, including cost recovery against the United States government for wartime chemical plants

  • Toxic tort and stigma damage litigation based on exposures to contaminated sites

  • David Biron Corporation v. Mendez, Contra Costa County Superior Court, landlord-tenant dispute.

  • Erickson v. Torres, Contra Costa County Superior Court, securities fraud.

  • Estate of Herbert Von Rusten v. Masons, AAA arbitration, partnership dispute.

  • Hall v. City of Fairfield, U.S. District Court for the Eastern District of California, civil rights action.

  • Former Kaiser Marquardt aerospace plant, 56 acres at Van Nuys Airport (Kaiser Marquardt, Inc. v. The Marquardt Company), representing Kaiser Marquardt, Inc.

  • Obtained dismissal of federal RICO class action alleging that residential property manager improperly withheld tenant security deposits.  Subsequently settled related state court class action entirely through insurer contributions.

  • Harmon v. City of Oakland, Alameda County Superior Court, employment dispute.

  • Trial counsel for the acquisition of land for a major highway project with a jury verdict below the agency's final settlement offer

  • Obtained dismissal of extended family members’ claim to $60 million plus share of proceeds from sale of family business.

  • Won summary adjudication that hard-money lender’s loan to elderly widow violated California’s Anti-Predatory Lending Law.

  • Obtained dismissal of suit against national fitness center alleging breach of purported contract to operate spa on fitness center premises.

  • Lai v. Lai, Contra Costa County Superior Court, will dispute.

  • Procured emergency injunctive relief preventing state agency from improperly revoking client’s approval to operate EMT training programs.

  • Professional Construction Group v. Pongracz, San Francisco County Superior Court, construction dispute.

  • Ryan Engineering, Inc. v. Lathrop Construction, San Mateo County Superior Court, construction dispute.

  • Sobrato Interests v. Applied Ceramics, Inc., JAMS arbitration, landlord-tenant dispute.

  • Torres v. Oakland Scavenger Company, 487 U.S. 312, 108 S. Ct. 2405, 101 L.Ed.2d (1988) –Specified that named plaintiffs in class action appeals must meet the same procedural standards as individual plaintiffs.

  • Obtained a unanimous jury verdict on behalf of a group college students in a federal civil rights lawsuit.  After a two-week trial, a unanimous federal jury found that the college students had been falsely arrested.

  • Brown & Bryant (Arvin Plant), Arvin, California, EPA ID# CAD052384021 (Atchison, Topeka & Santa Fe Railway, etc. v. Brown & Bryant, Inc.), representing The Dow Chemical Company

  • Music v. Western Conference of Teamsters Pension Trust Fund, 712 F.2d 413 (9th Cir. 1983) – Determined the standard for fiduciary liability in cases involving retroactive pension plan modifications under ERISA and the LMRA, leading to the recovery of benefits exceeding $10 million for a class of retired, disabled Teamsters.

  • Represented a partner in a contentious four-year partnership dispute involving the partition and sale of property owned by the partnership.  The case, which went to arbitration, resulted in an arbitrator’s award in favor of Garret’s client on all issues.

  • Cadillac Fairview v. The Dow Chemical Company, et al., 41 F.3d 562 (9th Cir. 1994) – Determined the Ninth Circuit standard for "arranger for treatment" liability for government-owned contractor-operated (GOCO) war plants under CERCLA.

  • Representing owners of coastal property, obtained a ruling from the California Court of Appeal, that a State Lands Commission policy restricting coastal development was an illegal, underground regulation and could not be used to prevent the landowners from developing their property. (Bollay v. California Office of Administrative Law, et al., California Court of Appeal Case No. C 063268 (Sacramento County Superior Court Case No. 34-2008-80000072).)

  • Negotiated a multi-million dollar settlement for a client seeking to recover environmental investigation, business interruption, loss of use and diminution in value damages from the former owners and operators of an automobile dealership in Palo Alto, California. (AR Automotive, LLC, et al. v. Henry Khachaturian, et al., Case No. RG09450197)

  • Obtained a final judgment dismissing CERCLA claims by the State of California and private parties against The Dow Chemical Company at the Brown & Bryant site in Shafter, California. (Atchison Topeka & Santa Fe Railway, Co. v. Hercules, Incorporated, et al., United States District Court for the Eastern District of California Case No. CIV-F-96-5879.)

  • State of California v. Convenience Acquisition Corp., Sacramento County Superior Court, environmental claim.

  • Represented a client that had previously purchased, remediated and sold property near the San Francisco Airport in litigation with an adjoining landowner who sued to recover his own remediation costs. Negotiated a favorable settlement for the client. (Haskins v. Cherokee Grand Avenue LLC, United States District Court for the Northern District of California Case No. CV 11-5142 YGR).

  • Obtained summary judgment on behalf of one of the nation’s largest single-family developers, in a bet-the-company case litigated in Arizona against a conglomerate of the nation’s largest lending institutions.

  • Assisted the owners of a shopping center in Alameda, California with remediation of historical contamination on the property and regulatory closure plus recovery of 100% of past environmental costs and indemnification for future environmental from a major oil refiner that was responsible for the contamination. (Sebanc v. Shell Oil Company, United States District Court for the Northern District of California Case No. C 10-04853 SC.)

  • Brown & Bryant (Shafter Site), Shafter, California, EPA ID# CAD009531823 (Atchison, Topeka & Santa Fe Railway, etc. v. Brown & Bryant, Inc.), representing The Dow Chemical Company

  • Caicos Investments, Inc. v. Alco Iron & Metal Co., Mendocino County Superior Court, real property dispute.

  • Assisted client with negotiations of first voluntary cleanup agreement under DTSC’s Brownsfield’s program for the redevelopment of a former coal-gas manufacturing site into a multiplex cinema in Oakland. Successfully pursued cost recovery against utility company for cleanup costs and economic damages attributable to delayed development losses.

  • Negotiated and worked on team to sell a Brownsfield site (former contaminated auto dealership with full service garage) utilizing both private environmental insurance and State of California UST Cleanup Fund to facilitate sale and redevelopment of site into mixed-use commercial and residential site in Oakland, California.

  • Del Amo Site, Torrance, California, EPA ID# CAD029544731 (Cadillac Fairview, California, Inc. v. The Dow Chemical Company, et al., (Pit Site); Shell Oil Company v. United States (Plant Site); Amcena Properties v. Shell Oil Company, et al. (Coca-Cola Bottling Company); and related cases), representing The Dow Chemical Company

  • Lead outside environmental counsel for Port of Oakland on potential responsible parties (PRP) negotiations and compliance with Regional Water Quality Control Board (RWQCB) order involving multiple PRPs at the fuel farms supplying Oakland International Airport. This has also involved regulatory negotiations concerning a multi-year phased cleanup due to the decommissioning of the old tank farm facilities and constructing new state of the art fueling facilities. No litigation filed to resolve this case.

  • Del Monte/Oahu Plantation (Kunia Plantation), Hawaii, EPA ID # HID980637631, representing The Dow Chemical Company

  • Assist property owners in defense against unreasonable government conduct related to contamination cleanups in condemnation proceedings.

  • Litigated case against U.S. government at a Formerly Utilized Defense Site (FUDS) and obtained judgment and consent order under which the U.S. government and other responsible parties paid damages to client and assumed all responsibilities for further cleanup.

  • Currently prosecuting fraud and cost recovery case against former owners and operators of auto dealer/service facility on four acre site in Palo Alto.

  • Defended client alleged with fraud in real property transaction and obtained insurance funding to defend case, investigate site and perform the necessary remediation to obtain site closure at the cost of insurance company.

  • Industrial Waste Processing, Fresno, California, EPA ID# CAD980736284 and Pinedale Groundwater Site, Fresno, California (Calcot, Ltd. v. Vendo, et al.), representing The Dow Chemical Company

  • Served as outside environmental counsel for the Port of Oakland on numerous cost recovery cases related to redevelopment of Port properties during the past 17 years.

  • Litigated and obtained a settlement agreement from ExxonMobil under which Exxon assumed responsibility for cleanup of extensive petroleum contamination and methane gases from the subsurface of approximately 25 acres of land at no cost to client. Also obtained reimbursement of litigation expenses from client’s insurance carrier.

  • Represent numerous companies that sell products to consumers regarding Proposition 65 compliance and defense of claims.

  • Represent numerous companies that manufacture regulated products for sale to consumers regarding advertising and regulatory compliance with California and federal law.

  • Represent public entities and private entities in contract disputes over real estate, land use, construction, general commercial operations and contracts of insurance.

  • Represent Trustees and personal representatives of beneficiaries of substantial estates in all types of fiduciary issue disputes.

  • Often called upon to represent shareholders, officers and directors of closely held agricultural, real estate, manufacturing and technology companies that have internal conflicts.

  • La Mirada Products, La Mirada, California (La Mirada Products v. The Dow Chemical Company), representing The Dow Chemical Company

  • Santa Fe Springs Oilfield, Santa Fe Springs, California (Beaumon Trust, et al. v. The Dow Chemical Company, et al.), representing The Dow Chemical Company

  • Bankruptcy Trustees in actions against debtors, officers, directors and other professionals for misconduct.

  • Manufacturing Companies against entities who have damaged them through unfair competition, patent infringement, and trade secret theft.

  • United Heckathorn Company, Richmond, California, EPA ID # CAD981436363 (Levin Metals Corp. v. Parr-Richmond Terminal Company, et al.), representing The Dow Chemical Company

  • Napa Bulk Terminal (Bay Cities Oil Marketers v. Commercial, Electrical, and Mechanical Maintenance Company, et al.), representing Chevron Products Company

  • Port of Oakland, Berths 23 and 24 (Port of Oakland v. ExxonMobil Oil Corporation), representing the Port of Oakland

  • Polanco Act and Condemnation case (Successfully settled without litigation)

  • Contra Costa County Superior Court Case No. C95-03569 (Contamination cost recovery case)

  • Case No. C 92 0380MHP (Property case, transfer of liability to US Army Corps of Engineers and other responsible parties)

  • Case No. C 92 0380MHP (Property case, transfer of liability to US Army Corps of Engineers and other responsible parties)

  • Case No. 917089 (Property damage, loss of use and transfer cleanup liability to Chevron)

  • Case No. BG0734-2925 (Defended city and client in writ of mandate proceedings challenging City’s determination of CEQA exemption)

  • Case No. C89-01271 (Fraud and property damage – gas station)

  • Case No. V-001959-2 (NPL site, contamination cost recovery case)

  • Surplus Property Authority (Government Tort Claim – Contamination cost recovery case)

  • Case No. C 02-4555 (Fraud and contamination property damage)

  • U.S. District Court for the Central District Case No. CV03-6109 DT (SHSx) (Lease dispute and contamination property damage claims)

  • (Assisted Port in emergency response activities and defended Port from Government Tort Act claim filed by Kinder Morgan)

  • Case No. VC008290 (Oil and gas lease, property contamination)

  • Napa County Superior Court Case No. 63600 (Gas station cleanup cases

  • Case No. 733888-1 (Cleanup case, valuation of contaminated property)

  • Case No. H-170038-5 (State superfund site, cost recovery and liability transfer case)

  • Case No. 02-029568 JSW (Contamination cost recovery case, and cleanup and liability transfer to ExxonMobil)

  • Case No. C-95-03721-RB (Contamination cost recovery case)

  • Case No. 8001317 (Contamination cost recovery case)

  • Case No. C-92 0380MHP (Contamination cost recovery case)

  • (Developer suit under CEQA for confiscatory indirect source rule)

  • Case No. 720166 (Contamination cost recovery case)

  • Case No. C91-04959 (Contamination cost recovery case, diminution of property value)

  • Case No. H-169600-4 (Loss of use and property damage case)

  • (Several cases – contamination cost recovery and property damage

  • Represented national retailer in bringing complex commercial contract claim against a major software company related to shortcomings of customized computer software, resulting in early multi-million dollar settlement.*

  • Secured dismissal with prejudice of suit against manufacturer of billing software alleging non-infringement of the manufacture’s patents and damages based on the manufacturers assertion of patent rights.*

  • Prevailed in a bench trial regarding various individuals’ rights to ownership of a mobile application company, resulting in multi-million dollar judgment in favor of individual client*

  • Represented founders of a technology company in bringing suit against attorneys who purported to represent them in forming the company, then destroyed the company’s value by attempting to obtain more stock in the company for themselves*

  • Represented law firm in malpractice action alleging that the firm fraudulently advised a company to pursue patent litigation against major U.S. technology companies.*

  • Represented prominent national law firm in a legal malpractice action arising out of a failed merger between two technology companies.*

  • Representing trustee in eminent domain litigation involving potential inverse condemnation issues and extent of harm to retained property.*

  • Representing purchaser of San Francisco apartment building in litigation arising out of mismanaged real estate transaction.*

  • Represented various national retailers in lease disputes regarding issues including presence of anchor tenants, use of common spaces, and indemnification.*

  • Counseled both insureds and insurance carriers regarding a variety of coverage disputes.*

  • Represented pharmaceutical manufacturer in multi-jurisdictional litigation related to pharmaceutical pricing and pharmacy reimbursement under Medicaid and Medicare.*

  • Represented national disabilities rights organization in filing amicus curiae brief to the Ninth Circuit Court of Appeals as part of a successful effort to overturn a lower court’s ruling and establish favorable Circuit precedent.*

  • Lead trial attorney representing apartment building owner/operator in a jury trial defending claims of fraud and statutory violations related to a condo condominium conversion. Settled after jury selection and before opening statements for only 2% of the plaintiff's initial demand.*

  • Represented medical herbal products company in defense of trademark infringement litigation, defeated motion to dismiss counterclaims, and obtained favorable settlement.

  • Lead trial attorney representing real estate developer and mezzanine lender in wrongful foreclosure claims against senior lender. Took over case after trial had already started; settled case favorably. Prevailed in later appeal regarding the settlement.

  • Representing master developer LLCs implementing $100+ million downtown development in claims against bank involving breach of trust deed, "bid chilling," and an attempted (but halted) "receiver sale," and related claims against national REIT development partner.

  • Representing secured note buyer and private money lender/servicer asserting claims for violation of common area deed restrictions impacting use and value of security property obtained through foreclosure.

  • Frequently handle commercial lease disputes, for both tenants (public high-tech company, national restaurant franchise) and landlords (commercial owners/operators/investors).

  • Represented Delaware "series LLC" operating cell tower portfolio. Took over case after entry of adverse judgment. Defeated "alter ego" motion; achieved quick settlement that directed previously untapped insurance funds to pay off entire adverse judgment and provide additional six-figure recovery to client.

  • Represented private money lender/servicer defending claims by rogue investor who wired funds into loan transaction escrow without signing participation agreement. Settled case favorably before trial.

  • Appellate attorney on many appeals involving real estate and foreclosure, including recent reversal of adverse judgment against developer and mezzanine lender clients in dispute against senior lender.

  • Conducted lengthy bench trial, successfully prosecuting developer who sought to subdivide 10,000 acre grazing agricultural preserve into residential lots in violation of local and state law.

  • Negotiated favorable settlement for company threatened with multimillion dollar disgorgement claim for alleged violation of state contractor's licensing rules.

  • Defeated restraining order and preliminary injunctions for terminated employees accused of trade secret, breach of non-disclosure and non-compete agreements.*

  • Obtained verdict and attorneys' fees and costs award in bench trial for one of the country's largest residential developers for breach of contract against seller who refused to honor developer's exercise of option.*

  • Obtained complete award plus attorneys' fees and costs in arbitration enforcing client's rights under prior settlement agreement.*

Attorneys

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  • Acevedo, William C.
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  • Brandt, Greggory C.
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  • Brodehl, Kevin R.
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  • Ciochon, Carl D.
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  • Cohen, Joshua D.
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  • Dunaway, Thiele Robin
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  • Epstein, Mark D.
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  • Flor, Albert, Jr.
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  • Flushman, Bruce S.
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  • Goldman, David
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  • Graham, Matthew F.
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  • Grover, Margaret J.
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  • Hansen, Charles A.
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  • Hausrath, Les A.
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  • Horst, Jason M.
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  • Hughes, Roger M.
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  • Kao, Katherine
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  • Laufenberg, Peter J.
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  • Marquez, Leonard E.
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  • McKae, Stephen
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  • Mintzer, Pamela Schock
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  • Morger, Steven M.
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  • Pak, Eugene M.
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  • Rapaport, Daniel
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  • Tang, Jennifer P.
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  • Williams, Todd A.
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