Representative Matters Include Commercial Litigation, Class Action Litigation, Corporate and Business Counseling, Intellectual Property Protection, Technology Agreements, as well as IP and Technology Disputes.

Defended technology company founder/Chief Executive Officer/director in action brought by investor in technology investment fund for alleged misrepresentations and non-disclosures. Plaintiff sought $15 million in damages, including $10 million representing amount of lost investment. “D&O” carrier filed separate declaratory relief action seeking a declaration that carrier not obligated to provide coverage. Result: on eve of hearing on Firm’s motion to dismiss plaintiff’s complaint for failure to comply with court orders and hearing on Firm’s demurrers, settlement reached between investor and client pursuant to which plaintiff agreed to dismiss action with prejudice against client; client paid no money as part of the settlement. As part of subsequent global settlement with other defendants, carrier agreed to pay sum to plaintiff to settle claims against client and other officers and directors; client paid no money as part of global settlement.

Defended ousted co-founder/member in action brought by limited liability company against client seeking approximately $300,000.00 in compensatory damages. Complaint alleged theft of trade secrets and financial mismanagement by client. Firm filed cross-complaint seeking appointment of receiver and other relief. Discovery ensued. Result: Firm obtained $100,000.00 settlement for client shortly before trial.

Defended ousted co-founder/shareholder of corporate operator of medical facility in action brought by corporation seeking damages of $1.1 million based upon alleged misappropriation and embezzlement. On behalf of client, Firm initiated arbitration based upon provision of stock purchase agreement and shortly thereafter successfully moved to stay action against client, allowing arbitration to proceed first. Result: Following commencement of arbitration, Firm obtained $300,000.00 settlement for client as part of global settlement with other parties.

Represented corporate operator of physical therapy facility in dispute against former officer and affiliated corporation for embezzlement, non-payment of loans and other relief. Result: Approximately six months after initiating action, Firm obtained $1,250,000.00 settlement for client.

Defended immigration consultant in action brought by strategic partner for breach of contract and fraud seeking approximately $200,000.00 in compensatory damages. Following successful demurrers and motion to strike, Firm moved for and obtained order requiring plaintiff to join a multiple foreign nationals as indispensable parties. Result: following issuance of court’s order, plaintiff voluntarily dismissed action with prejudice in exchange for waiver of costs.

Defended patent design firm in action by former client for damages and injunctive relief based upon alleged trade libel, unfair competition, and interference with prospective economic advantage. Result: following Court’s sustaining of demurrers, case settled with client paying nominal amount.

Defended seller of publicly-stock in action by alleged purchaser asserting causes of action for specific performance, breach of contract, conversion and declaratory relief. Result: After Firm demurred to and moved to strike portions of complaint, plaintiff voluntarily amended complaint to dismiss critical specific performance claim. Following discovery by Firm, case settled with plaintiff agreeing to purchase approximately $300,000.00 in stock at price per share substantially above market price as of date of execution.

Represented partners of partnership engaged in marketing/brokering of luxury properties for film and television in action against other partner for breach of fiduciary duty, breach of partnership agreement, conversion, expulsion of partner, and other claims. Defendant filed cross-complaint alleging that plaintiffs were not partners but mere employees of partnership, and further alleging that plaintiffs had breached their employment agreement with partnership and converted partnership assets. Result: Firm obtained temporary restraining order against defendant all but terminating defendant’s partnership draws. Following discovery, case settled at mediation with clients buying out defendant’s partnership interest on exceptionally favorable terms.

Defended classic car collector in action by vehicle seller for malicious prosecution. Firm filed cross-complaint seeking damages for unfair business practices, elder abuse, and breach of contract. Result: as part of settlement, plaintiff dismissed action against client in exchange for mutual release of all claims and waiver of costs.

Defended client in collection action by former attorney. Result: after Firm initiated fee dispute arbitration on client’s behalf, case settled on favorable terms (approximately one-third of plaintiff’s demand) on eve of arbitration.

Defended tenant in action by landowner to recover alleged damages resulting from fire allegedly caused by tenant. Result: following commencement of discovery, plaintiff voluntarily agreed to dismiss action with prejudice and release all claims against client in exchange for waiver of costs.

Represented company manager in action by contractor seeking damages for breach of construction contract. Result: as part of global settlement with other defendants, plaintiff voluntarily agreed to dismiss action with prejudice and release all claims against client in exchange for waiver of costs.

Represented homeowners in dispute with interior designer. Result: case settled on favorable terms (approximately 90% of clients’ demand) prior to commencement of arbitration.

Defended major domestic automobile manufacturer in statewide class action alleging design defect in major vehicle line and seeking damages of $100+ million based upon claims of unfair competition, fraud, violation of Consumer Legal Remedies Act, and breach of warranty. Firm drafted opposition to plaintiffs’ motion for class certification. Following approximately 15 hours’ worth of oral argument, court denied motion for class certification. Thereafter, Firm drafted motion for summary judgment on remaining private attorney general and individual claims. Following oral argument, court granted summary judgment for client. Plaintiff appealed. Result: prior to briefing on appeal, case settled for negligible sum.

Retained by major insurance company to defend insured, Chief Financial Officer of health care facility developer/operator, under D&O policy in class action by bond investors against corporate officers and directors and other defendants seeking $140 million in compensatory damages. Named plaintiffs alleged that defendants had made material misrepresentations and omissions in connection with sale of bonds. Result: Class-wide settlement on favorable terms; client personally paid no money as part of settlement.

Represented technology client in the sale of the company, including all of its technology and intellectual property assets and structuring post-sale employment and support relationships.

Represent a variety of clients in creating and maintaining comprehensive intellectual property asset protection programs, including performing intellectual property audits, representing clients in connection with the adoption, registration and protection of trademarks at the United States Patent and Trademark Office and in trademark disputes in court and under ICANN's Uniform Domain Name Dispute Resolution Policy.

Represented client in multimillion dollar purchase and related cross-license of complex software programs and associated intellectual property rights, including the drafting and negotiation of asset purchase, software license and various support agreements for the transaction.

Represented industry-leading technology client in a series of online affiliate transactions, including drafting and negotiating agreements on client’s behalf.

Represented client in the selection and purchase of a multimillion dollar entity-wide hardware and software technology solution, including drafting and negotiating purchase, license and support agreements with numerous vendors involved in the project.

Represented client in analyzing and revising current technology and support licensing program and established forms for the revised program.

Defended intellectual property consulting firm and company officer in action by competitor for trade libel and unfair competition.
Result: case settled for nominal sum on eve of trial.

Defended client in action brought by purchaser of internet websites seeking $250,000.00 in compensatory damages for alleged fraud and breach of contract. Firm opposed and defeated ex parte application for writ of attachment filed by plaintiff. Result: case later dismissed based upon plaintiff’s failure to prosecute.

Defended client licensor in dispute regarding complex software license and support agreement. Result: dispute settled on favorable terms without litigation.

Defended client in claim asserting improper use of copyrighted materials on the internet and seeking hundreds of thousands of dollars in damages. Result: case settled as part of mutual release agreement on favorable terms.

Represented client in multimillion dollar web site development and license lawsuit, including successfully opposing motions to dismiss and for summary judgment. Result: case pending.

Represented automotive products manufacturer in federal action against competitor for trademark infringement. Result: Firm obtained temporary restraining order prohibiting defendant from using trademark at major industry trade show, and defendant subsequently stipulated to permanent injunction barring defendant from using trademark on any of defendant’s products.

Defended automotive products manufacturer in federal action by competitor alleging trademark infringement. Result: Obtained dismissal of the action at pleading stage.