Michael G. Yoder

1978, California
U.S. District Court, Central, Southern, Northern, and Eastern Districts of California, and Eastern District of Missouri
U.S. Court of Appeals, Eighth and Ninth Circuits

of the prestigious American College of Trial Lawyers and was one of only 10 lawyers to be featured in the National Law Journal's 2008 "Winning: Successful Strategies from the Nation's Top Litigators" special report. He was also selected by his peers as one of "The Best Lawyers in America," for 2005, 2006, 2007, and 2008. Mike also has been recognized as a "Super Lawyer" and one of Orange County's "Top 50 Lawyers" in annual surveys conducted by Law & Politics Media Inc. and published in Los Angeles magazine.

Mike has practiced in Orange County for over 27 years and plays a prominent role in the Orange County legal community, having served in numerous leadership positions for a variety of bar and civic organizations. Mike currently serves as President-Elect of the Orange County Bar Association and in 2009 will serve as President of the organization, the second largest bar association in the State of California with over 8,000 members. Mike also has served as a Lawyer Representative to the Ninth Circuit Judicial Conference, as President of the Association of Business Trial Lawyers Orange County Chapter, and as Chair of the Orange County Bar Association's Judiciary Committee.

Illustrative Professional Experience

Mike has an active trial practice. In the past year alone, Mike successfully concluded the following jury trials:

· A three-week jury trial in the United States District Court in the Central District of California, in which the jury found for Mike's client, Quiksilver, Inc., on claims for trademark infringement and false designation of origin and the Court thereafter entered a permanent injunction requiring the defendant to phase out all use of its competing trademark.

· A five-week jury trial in San Diego Superior Court, involving a $28 million breach of contract and breach of fiduciary duty action brought against Mike's client, DC Shoes Corp., and its founders by the company's former chief financial officer who was also a major shareholder. After deliberating less than four hours, the jury rejected plaintiff's fraud and breach of contract claims and the Court then found for Mike's client on plaintiff's breach of fiduciary claim.

Also in the past year, Mike achieved a third, decisive win in an unbroken series of victories in international arbitration proceedings between client, Palmco Corporation, a California-based investment holding company and commodities broker, and JSC Techsnabexport (TENEX), the Russian Federation's chief instrumentality for the export of commercial-grade uranium.

In all three arbitrations, Palmco pursued its rights against the Russian Federation's chief instrumentality for the export of commercial grade uranium. In the first arbitration, held before a three-member international tribunal in London, the tribunal issued a unanimous award confirming that Palmco had an option to purchase annually up to 100 tons of enriched uranium, or EUP, under the parties' long-term uranium supply contract, and awarded Palmco over $1.3 million in consequential damages stemming from various performance delays, and over $1.2 million in costs and fees incurred in the arbitration.

In the second arbitration, held before a separate three-member international tribunal in Stockholm, the tribunal issued a unanimous award finding that Palmco's Russian supplier breached another of the parties' supply contracts by demanding an unjustified price increase, and on that basis the tribunal ordered Palmco's supplier to deliver the EUP at the fixed contract price.

In the most recent victory, a third panel of arbitrators rejected TENEX's attempt to secure a market-indexed price increase on Palmco's main supply contract, and has declared Palmco's right to continue to purchase over US$1 billion worth of enriched uranium product at contract prices significantly below those prevailing in the current market. In addition, the Tribunal exercised its discretion to require TENEX to pay Palmco's attorneys' fees and the costs of arbitration, underscoring Palmco's total victory.

In other recent jury trials, Mike:

· Obtained a jury verdict in a two-week jury trial in the Santa Ana Division of the United States District Court for the Central District of California, involving multi-million dollar claims against Mike's client for wrongful termination of a trademark and manufacturing licensing agreement, in which the jury returned a defense verdict for Mike's client, and awarded Mike's client over $1 million in damages on its counterclaims

· Obtained a jury verdict absolving from liability four directors and officers of a privately-held company and the venture capital fund which owned a majority of the company's stock in a state court breach of fiduciary duty/securities action involving a 500:1 reverse stock split which significantly diluted the stock of the company's founders/plaintiffs

· Obtained a $4.5 million jury verdict in an eminent domain action which was one of the first cases ever to establish a fair market value for environmental mitigation property Obtained a $2 million jury verdict in a novel surety bond claim in which, after a two-month trial, the surety was ordered to pay damages in excess of the bond's "penal amount"

Professional Activities

Judicial Extern, Honorable Charles B. Renfrew, U.S. District Court, Northern District of California

Admitted, California

Admitted to Practice, U.S. District Court, Central, Southern, Northern, and Eastern Districts of California, and Eastern District of Missouri; U.S. Court of Appeals, Eighth and Ninth Circuits

Fellow, American College of Trial Lawyers (2008—)

President-Elect, Orange County Bar Association (2007)

Member, Orange County Bar Association Board of Directors (2000-present)

Former President, Association of Business Trial Lawyers, Orange County Chapter (2003); Constitutional Rights Foundation of Orange County (1989-1993)

Former Chair, Orange County Bar Association Judiciary Committee (2002-2003); Litigation Section of the Orange County Bar Association (1997); California Region (1994-1995) and Fraud Subcommittee (1992-1994) of the Business Torts Committee of the Litigation Section, American Bar Association

Former Member, Lawyer Delegate to the Ninth Circuit Judicial Conference (2002-2005); Board of Directors, Association of Business Trial Lawyers, Orange County Chapter (1998-2004); California Judicial Council Task Force on Complex Civil Litigation (1998-2000)

Author, "Cutting Off California State Court Class Actions Before They Start: Recent Appellate Decisions Should Embolden Defendants to Attack Class Complaints Swiftly by Demurrer," Association of Business Trial Lawyers Report, Orange County (2001); "Look Before You Leap: Evaluating the Impact of Insurance Coverage on Your Client's Objectives Before Filing Suit," Business Torts Newsletter, American Bar Association, Litigation Section (1992)

Speaker, "Mediation and Arbitration Practice: Skills for the Successful Advocate," Continuing Education of the Bar, California (2005); "The Clock is Ticking: Trying a Case Under Time Limits," Association of Business Trial Lawyers Dinner Program (2004); "Winning at the Beginning: The Battle for Injunctive Relief," Association of Business Trial Lawyers 29th Annual Seminar (2002); "The Offensive Defensive," Practicing Law Institute, Civil Trials Institute (1997)

Honors, Named as one of the "The Best Lawyers in America" (2005-2008); named a "Super Lawyer" and one of Orange County's "Top 50 Lawyers" in surveys conducted by Law & Politics Media Inc. and published in Los Angeles magazine (2004-2008)

Member: Orange County Bar Association (President-Elect, 2007; Board of Directors, 2000—; Former Chair, Judiciary Committee, 2002-2003; Former Chair, Litigation Section, 1997); American Bar Association (Former Chair, California Region, 1994-1995 and Fraud Subcommittee, 1992-1994, Business Torts Committee, Litigation Section); Association of Business Trial Lawyers (Former President, Orange County Chapter, 2003; Former Member, Board of Directors, Orange County Chapter, 1998-2004); Constitutional Rights Foundation of Orange County (Former President, 1989-1993). Fellow, American College of Trial Lawyers.