Following are a few examples of the Business Litigation cases our lawyers have handled for clients in State and Federal Courts. 

Although we have broken this summary into four subcategories (Breach of Contract, Fraud, Unfair Competition, and Securities), these subcategories and examples are merely illustrative, and do not represent all of the types of Business lawsuits we handle for our clients. 

Breach of contract

Represented a high tech start-up company and its founder in a lawsuit disputing our clients’ victory in a bidding procedure leading to the right to license patent-pending wireless antenna technology.  To resolve this dispute, we had to sue the licensor (a University) in a different forum for specific performance of the agreement to license.  After winning both a temporary restraining order and a preliminary injunction, we were able to favorably resolve both cases for our clients.

Represented one of the largest privately-held telecommunications companies and some of its officers against allegations made by three companies that were in an SEC receivership, which included claims for breach of contract and breach of telephone tariffs.  We first won dismissals of the officers on jurisdictional grounds, and then after conducting discovery were able to favorably resolve this case for our clients.   
 
Represented a securities broker-dealer and some of its officers against allegations in two cases brought by former employees and a consultant, which included claims for breach of contract and breach of the covenant of good faith and fair dealing regarding the creation of a new line of business.  After conducting extensive discovery and successfully challenging plaintiffs' pleadings, we were able to favorably resolve these cases for our clients.

Represented a Bangkok gems dealer in prosecuting its claim against a bank for its negligent handling of an international documentary collection order by releasing shipping documents entitling the buyer to the purchased gems before obtaining payment for the gems from the buyer.  After discovery and motion work, the case was favorably resolved on the eve of trial.

Represented a national lender, as plaintiff, seeking a deficiency judgment on a defaulted aircraft loan.  Prior to trial, we obtained a writ of attachment for our client after a contested hearing.  At the federal court trial of the action, defendants asserted that our client’s aircraft financing expert had fraudulently overstated the value of the aircraft, resulting in a deficiency in excess of the loan balance when the aircraft was eventually sold.  Although our client’s financing expert was medically unavailable to testify at trial, we defeated defendants’ claim of fraud and obtained a judgment after trial, which included the full amount of the deficiency, pre-judgment interest, and our client’s actual attorneys’ fees. 

Fraud

Represented (outside of California, by pro hac vice admission) one of the largest privately-held telecommunications companies and some of its officers against a several hundred million dollar claim for fraud, etc. in the making of a purported joint venture agreement.  After conducting extensive discovery throughout the South, and winning summary adjudication of issues motions which eliminated many of plaintiffs' claims, we were able to favorably resolve this case for our clients through mediation while we had other summary adjudication of issues motions pending. 

Represented a start-up microchip manufacturer against allegations by a former employee claiming entitlement to founders’ stock by allegations including fraud and negligent misrepresentation.  We were able to successfully resolve this case for our client while our summary adjudication of issues and judgment on the pleadings motions challenging many of plaintiff's causes of action were pending.

Represented a Korean manufacturer of steel nails regarding claims for additional commissions by one of its U.S. distributors.  Following a breach of contract and fraud trial in federal court, the case was dismissed on our motion for lack of federal jurisdiction, re-filed in Superior Court, dismissed on our statute of limitations motion, and favorably resolved while the appeal of the dismissal was pending.

Represented an orthopedic surgeon in a jury trial over allegations that he, an employer and an insurance company had conspired to place a fraudulent medical restriction on plaintiff to bar his return to work after an industrial accident.  After the employer settled on the first day of a twenty-eight day trial, we obtained a complete defense verdict on behalf of our client. 

Represented a large national bank in seeking to recover on two $42 million cross-collateralized, cross-defaulted real estate-backed loans.  In the process, we had to defend against cross-claims including fraud and breach of fiduciary duties.  After defeating a preliminary injunction motion and winning four summary adjudication of issues motions, we were able to obtain a judgment in favor of our client.

Unfair Competition

Represented a large international electronics company in a Business and Professions Code Section 17200 unfair advertising/unfair competition action based on the alleged exposure of the public to toxic chemicals through the sale of light bulbs.  We were able to favorably resolve this case for our client without payment and without entry of any injunction.

Represented a securities broker-dealer and its officers against allegations by former employees, including claims for unfair competition regarding development of a new line of business.  After discovery and motion practice, we were able to favorably resolve this case for our client.

Represented a Canadian clothing manufacturer in a $10 million lawsuit brought by a competitor alleging claims including unfair competition, misappropriation of trade secrets, etc. based on a license agreement with plaintiff’s former executives authorizing them to manufacture and sell clothing under our client’s name, which the competitor characterized as a joint venture to open competing clothing stores in the U.S.  After conducting extensive discovery, and winning a motion adjudicating that plaintiff's attorney-client and work product privileges had been waived, we were able to favorably resolve this matter for our client.

Represented a major Korean conglomerate in unfair competition/trademark infringement litigation where the plaintiff clothier attempted to halt the grand opening of our client's first department store in the U.S., after the opening had already been extensively promoted.  We defeated plaintiff's application for a temporary restraining order and preliminary injunction in state court, then removed plaintiffs' action to federal court and filed a trademark infringement action in federal court.  We resolved the matter for our client by obtaining preliminary and permanent injunctions against plaintiff on the contested trademark.

Securities

Represented the former CFO of a company that designed and manufactured pyrotechnic devices for automotive air bag systems in securities fraud and common law fraud litigation arising from plaintiffs’ acquisition of interests in the company.  After challenging through motion practice the alleged deficiencies in the disclosures made regarding accounting and environmental compliance issues, we were able to favorably resolve this case for our client.

Represented a securities broker-dealer in a class action alleging misrepresentations in the sale of limited partnership interests in hotel real estate.  After we defeated plaintiff’s motion to certify the action as a class action, we were able to favorably resolve this case for our client.

Represented investors in a public electronic parts distribution company in a state court minority shareholders’ involuntary dissolution action for misrepresentations in the sale of securities and mismanagement of the company.  We were able to favorably resolve this case for our client on the eve of trial.

Represented a securities broker-dealer sued as a cross-defendant for claims including violation of Section 15 of the Securities Act of 1933 (control person liability) and violation of Section 25504 of the California Corporations Code (control person liability).  These claims were asserted by Australian companies that had been sued by our client’s former employees/consultant based on the alleged formation of a partnership and joint venture between the former employees/consultant and the Australian companies (which the Australian companies denied).  We were able to successfully resolve this case for our client by winning summary adjudication of issues motions on all of the claims that were asserted against it.