R E P R E S E N T A T I V E
C A S E S

Intellectual Property Litigation

  • Obtained a preliminary injunction on behalf of the estate of a famous Apollo and Skylab astronaut in United States District Court in an action asserting underpayment of royalties and unauthorized use of the astronaut's name, likeness, image and identity in connection with the advertisement and sale of automobile-related products. Defendants settled the case on the eve of trial.

  • Secured dismissal, on a motion for summary judgment, in favor of the leading Mexican-style restaurant company in Orange County Superior Court against claims that certain persons held the intellectual property rights to the company's famous Chihuahua icon used in a national advertising campaign.

  • Successfully defended the CEO and founder of a China-based technology corporation in an action alleging breach of fiduciary duty and related tort and contract claims. In our cross-complaint, we prosecuted recovery of the CEO's intellectual property used by the corporation and sought damages of over $100 million. The case was confidentially settled within 60 days of trial.

  • Obtained a confidential settlement, after two weeks of jury trial and just prior to closing arguments in United States District Court, in favor of a manufacturer and distributor of high fashion watches, in an action by a competitor asserting claims for trademark infringement, unfair competition and fraud.

  • Successfully defended a major entertainment company in Los Angeles Superior Court, through three weeks of jury trial, against claims brought by a licensing agency that the company had engaged in fraud and breached its contract with the agency by not sufficiently promoting a mini-series that aired on its cable channel.

  • Obtained a confidential settlement in favor of a distributor of inkjet cartridge refill kits against claims of trademark infringement and unfair business practices asserted in an action filed in United States District Court.

  • Secured a confidential settlement, after obtaining a favorable tentative ruling on a motion for a preliminary injunction in United States District Court, in favor of a licensing agency and its clients, in connection with claims of misappropriation of certain names and images by a manufacturer of specialty toy products.

  • Successfully negotiated a confidential settlement, after filing an incontrovertible motion of dismiss in United States District Court, in favor of a manufacturer of camera-like binoculars and two national retailers, in an action by a purported inventor, who alleged claims of copyright infringement against all defendants.

  • Obtained a favorable settlement, on the eve of trial, for an author of educational programs after prevailing on a motion for summary adjudication, in which the United States District Court dismissed three of four copyright infringement claims against the author, finding instead that the competitor had infringed the author's copyrights.

Complex Business Litigation

  • Secured a confidential settlement in Orange County Superior Court, on the eve of trial, in favor of investors asserting claims against the nation's largest broker of precious metals for allegedly engaging in misrepresentations and omissions concerning the character and quality of recommended investments.

  • Obtained a confidential settlement in favor of a manufacturer's representative in an action filed in Orange County Superior Court by an association of distributors asserting claims for unfair competition, group boycott, restraint of trade, breach of contract and related business torts.

  • Successfully defended, through mediation, an industry leader in computer display technology against claims by a software consulting firm that it was entitled to additional compensation in connection with certain consulting services.

  • Prosecuted a high-profile fraud case for the estate of heiress Sita White. Through quick action, we obtained a temporary restraining order freezing nearly 1.6 million of the estate's funds that had been misappropriated before the defendants could transfer the funds to another bank. The case ultimately settled and the estate's funds were protected.

  • Successfully defended a father and his adult children in a suit filed by the grandfather for breach of fiduciary duty. The complex dispute involved issues of corporate control and the operations of five interrelated family businesses over the course of fifty years.

  • Obtained a federal court order dismissing a California private securities case against a Florida municipality on a Sarbanes-Oxley issue of first impression in California.

  • Negotiated, on behalf of contractor and hospital, the removal and replacement of three 900-ton capacity chillers that failed to perform as warranted. The manufacturer not only paid for the removal of the defective chillers from the hospital, but purchased replacement chillers from another manufacturer.

Employment Law Counseling and Litigation

  • Defended a major publisher against a claim by its executive director who claimed that he was fired due to age discrimination. The dispute was resolved through a favorable confidential settlement, without litigation, after guiding the client though the termination process and taking a firm position during negotiations with plaintiff's counsel.
  • Successfully defended a major Internet entertainment company in a discrimination suit brought by an engineer who alleged that she was fired because of her gender. A nuisance value settlement was obtained after conducting aggressive discovery and arranging an early mediation.
  • Prosecuted trade secrets case against a major intermodel carrier's vice-president who suddenly resigned and set up a competing company in alliance with a leading competitor. The case settled favorably for our client.

Insurance and Construction Litigation

  • Represented a prominent Southern California mechanical engineer in a $200 million construction defect case involving the Bacara Resort and Spa, an exclusive California resort near Santa Barbara. Despite the extensive damages claimed, we demonstrated that hone of the damages were caused by work performed by our client. We ultimately negotiated a settlement that was far below the anticipated costs of defense, and that was the least amount paid by any settling subcontractor. We then obtained an order finding that the settlement was entered into in good faith, over the objections of other subcontractors.

  • Successfully defended a trucking company, through a ten day jury trial in Orange County Superior Court, against wrongful death claims arising from the death of a nanny allegedly killed by a dump truck while crossing the street in a crosswalk.

  • Obtained a defense verdict on all claims after five weeks of jury trial in Los Angeles Superior Court, in favor of a Midwest insurance company sued in connection with the sale of a commercial property. Plaintiffs sought over $2 million in damages and attorneys' fees for breach of contract and fraud, based on the alleged failure to disclose environmental contamination.

  • Successfully defended a subcontractor in multi-million dollar construction defect litigation in Orange County Superior Court involving more than one hundred homes as well as common areas in a planned development community.
  • Obtained a substantial settlement in favor of the parents of an unmarried man who plummeted to his death during a rock concert at the Oakland Arena, in an action for wrongful death filed in Alameda County Superior Court.

  • Successfully defended annuity issuer in fraud and elder abuse case by 84-year-old who purchased three immediate annuities.

International Arbitration and Transnational Litigation

  • Successfully prosecuted a claim in federal court by a major software company against its Korean distributor for breach of its distribution agreement. The case also involved the defense of a counterclaim that asserted breach of warranty and product liability claims against our client. The matter was confidentially resolved following mediation before a retired federal judge in Los Angeles.
  • Represented one of the nation's largest software companies in an AAA international arbitration proceeding against a large Canadian software company asserting a multi-million dollar claim arising out of a software licensing agreement. The case was settled on a confidential basis following an extensive mediation proceeding.
  • Firm partner appointed as sole arbitrator on several panels for a Canadian arbitral institution deciding cross-border internet domain name disputes under the ICANN domain name dispute resolution regime.
  • Firm partner appointed as sole arbitrator by the Los Angeles Superior Court to decide cases involving negligence, business torts and contract cases.
  • Firm partner appointed as chair and panel arbitrator by the International Center for Dispute Resolution (AAA) to hear cases involving transnational business disputes.

Business Transactions

  • Represented owner of famous animated character rights in securing a multi-million dollar movie commitment, and a merchandising, licensing, home video and television co-venture agreement. The firm handling clearing rights, negotiating deal points and drafting the definitive license agreement, including agency, production and merchandising agreement for our client.
  • Formed a limited liability company for the production of a theatrical release motion picture project for an entertainment company, by drafting all organizational documents (including articles, bylaws, board minutes, employment agreements and expense agreements), and by advising the company on governance issues on a going-forward basis.
  • Formed non-profit charitable organization and subsidiary thereto by drafting all organizational documents, preparing all federal and state filings for securing tax-exempt status and advising the organization as to federal and state compliance for tax-exempt organization.
  • Formed a marketing entity wholly owned by a major Mexican automobile financing company which currently serves 14% of Mexico's automobile market. This company seeks to reach U.S. residents looking to finance certain automobiles which will be received by individuals in Mexico. The company is currently growing its business in California and throughout the U.S. Our tasks included registering the Mexican trademark in the U.S., addressing California, U.S. and international tax treaty issues, as well as navigating regulatory issues, import-export issues, employment, immigration and visa issues; and negotiating real estate, construction, advertising and employment agreements.