Cases
Representative Matters: Mediation
Bell v. Acceptance Corp. (Marin Superior Court 2013)
Mediator for multi-faceted action to recover losses associated with promissory notes.
Vertkin v. California Physicians' Services dba Blue Shield of California (Marin Superior Court 2013)
Mediator for complex breach of contract action involving billing practices within physician network.
Essociate v. Blue Whaler Investments, et al. (C.D. Cal. 2011)
Mediator for complex patent litigation matter relating to Internet-affiliate marketing software.
Intellectual Property/Information Technology Litigation
dw-link Incorporated v. Giant Bicycle, Inc.
Giant Manufacturing Co., Ltd. (Central District of California, 2013-2014)
Lead trial attorney for defendants in patent infringement lawsuit relating to vehicle suspension systems.
Yellowstone Mountain Club LLC v. Offshore Limited D
PCI (World Intellectual Property Organization Arbitration, 2012-2013)
succeeded in obtaining the transfer of certain domain names.
Telswitch, Inc. v. Billing Solutions Incorporated, et al., (Northern District of California, 2012-2013)
represented defendants in trade secrets
Computer Fraud
Abuse Act case that resolved prior to trial.
Kiskadee Communications (Bermuda) Ltd v. Father, et al. (Bermuda arbitration, 2011-2012)
Represented plaintiff company with respect to rights to orbital satellite slot.
Kensington Grace Holdings, LLC v. Citizens Business Bank, et al. (Central District of California, 2011-2012)
Lead trial attorney in patent infringement case for defendant Montecito Bank & Trust.
Fundamental Software, Inc.: ongoing representation of middleware company with respect to full panoply of intellectual property, information technology
commercial issues, including prevailing in significant trademark case.
Bethany Lowe Designs, Inc. v. ESC Trading Co., Inc. (Central District of Illinois, 2010)
Lead trial attorney for plaintiff in a copyright infringement, unfair competition
unfair trade practices case.
Hitek Software v. United Surgical Partners International, 39 Trials Digest 13th 12 (Central District of California, 2010)
As lead trial attorney, obtained complete dismissal of case with prejudice before filing pleading responsive to complaint.
1(800)Reminds, Inc. v. Prosodie Interactive (Canada), Inc. (California Court of Appeal, First Appellate District
San Francisco Superior Court, 2009-2010)
As lead trial
appellate counsel, obtained dismissal of case, which sought relief based alleged Internet trade secrets theft, because of contractual forum selection clause,
the victory was affirmed by a unanimous appellate panel.
Topa Insurance Group v. RCM Technologies, Inc. (Los Angeles Superior Court 2008-2010): Represented as lead counsel an insurance company specializing in personal lines insurance in a major software defect case fraud
related claims against a software company. Obtained pretrial rulings
a trial resolution that the client found favorable.
TLC v. RadioShack (Northern District of California, 2008-2009): As lead trial counsel, defended patent infringement action
achieved resolution that client found favorable.
Kelley v. Bethany Lowe Designs, Inc. (Central District of California, 2009)
As lead trial counsel, represented defendant in copyright case
achieved resolution that client found favorable.
Hitek Software v. Vision Financial (Central District of California, 2009)
Represented defendant in copyright litigation which resolved to the satisfaction of the client.
Hinshaw & Culberston (2006-2007): Retained as expert in complex copyright litigation that led to successful resolution.
Abacus America, Inc. v. Alabanza Corporation (San Diego Superior Court, 2006)
Represented company in major trade secrets, copyright infringement, source code, software dispute between Web hosting companies
achieved resolution that client found favorable.
French Connection Limited v. Frederique Taillefer, WIPO Arbitration
Mediation Center Administrative Panel Decision Re www.frenchconnectiononline.com, Case No. D2005-0255, May 16, 2005. As lead counsel, obtained order transferring a domain name.
Highfields Capital Management, L.P. v. Doe, 385 F.Supp.2d 969, 2005 WL 2065142, N.D. Cal., January 18, 2005. As lead counsel, obtained order protecting anonymous Internet free speech.
French Connection Limited v. Daniel Bradley, WIPO Arbitration
Mediation Center Administrative Panel Decision Re www.fcuklifestyle.com, Case No. D2004-0742, November 22, 2004. As lead counsel, obtained order transferring a domain name.
Begraft v. eBay (New Jersey state court, 2004-2005)
Lead trial counsel representing eBay in lawsuit that challenged online sale of ski resort
eBay's online policies
prevailed by motion
case was dismissed with prejudice.
BSM, Inc. v. Mitek Systems, Inc. (AAA Arbitration, San Diego, 2004-2005)
Lead counsel representing defendant maker of character recognition software in dispute concerning source code
copyright infringement
achieved victory in extensive arbitration.
Papazian v. Keynote Systems, Inc. (San Mateo Superior Court, 2004-2005)
Lead counsel representing plaintiffs in dispute involving acquisition of one Internet company by another
cross-allegations relating to trade secrets
sought rescission
resolved to client's satisfaction at mediation.
ERISCO v. CSRG (Central District of California, 2003)
Lead counsel representing Perot Systems in major copyright infringement, antitrust
unfair competition case
effectively resolved case to client's satisfaction at outset.
Business Software Alliance v. Workmen's Auto Insurance Company (Los Angeles Superior Court, 2002-2003)
Lead counsel representing defendant with respect to allegations of copyright infringement
software piracy
achieved settlement that client found favorable.
Workmen's Auto Insurance v. SIS (Los Angeles Superior Court, 2001-2002)
As lead trial counsel, secured successful settlement for plaintiff company in major software defect case.
Fundamental Software, Inc. v. Fundamental Software, Inc. (Northern District of California, 2001)
Lead counsel representing plaintiff middleware company in bet-the-farm trademark infringement action
obtained results client found satisfactory in legal proceedings.
U.S. Dep't of State v. Ray, 112 S.Ct. 541(1991): Lead counsel who prepared briefing before the United States Supreme Court regarding critical information withheld under the Freedom of Information Act because of privacy concerns
defeated government's derivative use argument.
Mayock v. INS, 714 F.Supp. 1558 (N.D. Cal. 1989), rev'd sub nom, Mayock v. Nelson, 938 F.2d 1006 (9th Cir. 1991), nationwide settlement, 43 Am. U.L. Re. 325, App. (1994) see also Mayock v. INS, 736 F.Supp. 1561 (N.D. Cal. 1990): As lead counsel, obtained nationwide declaratory
injunctive relief regarding the provision of government materials under the Freedom of Information Act,
also secured the largest award of attorney's fees under the statute.
Commercial Litigation
Spielman/Yu v. Ex'Pression Center for New Media, 191 Cal. App. 4th 420 (2010)
From 2007 to 2012, as the lead trial attorney, represented a private postsecondary education institution in two consolidated actions brought by former students for misrepresentation
various statutory violations. Brought cross-complaint against students for breach of contract
related causes of action for defaulting on their tuition loan payments. Following a two-month jury trial in the Alameda County Superior Court, defeated all of plaintiffs' claims
obtained verdict that the students had breached their contracts with school
that the school had suffered significant monetary damages. On appeal, the California Court of Appeal affirmed the verdict in all respects except for the trial court's instruction on one statutory issue that has been rem
ed for further trial. The case ultimately settled on terms the client found favorable.
Tuition Options, LLC v. ATI Enterprises, Inc. (Philadelphia arbitration 2012)
Represented defendant
counter-claimant company in the career education sector regarding complicated accounting
contractual issues pertaining to a servicing agreement.
Wilson-Vick v. Western Grinding, Inc. (San Mateo Superior Court, 2009-2010)
Represented a manufacturer of precision metal parts for use in the medical, aerospace, defense
communication industries
the majority of its officers
directors in an action for fraud
breach of contract brought by one of the officers
directors of the closely held company. Following extended mediation, settled the case on terms the clients found favorable.
Ivanhoe Capital, LLC v. Janna Hospitality Holdings, LLC (California Court of Appeal, First Appellate District, 2012
San Francisco Superior Court, 2009-2010) As lead trial counsel representing defendant in complex commercial real estate dispute, obtained dismissal of complaint without leave to amend
award of attorney's fees
costs
The California Court of Appeal affirmed in a unanimous decision.
DiGiacamo v. Ex'pression Center for New Media (Northern District of California, 2008-2009)
As lead trial
arbitration counsel, prevailed in compelling case to arbitration
then obtained result at arbitration that client found favorable.
Cameron Financial v. Kay-Co Investments, Inc. (San Luis Obispo Superior Court, 2006)
Lead trial counsel representing the defendant company in a hotly contested trade secrets dispute relating to company business practices
information
case resolved after prevailed on motions.
Carematrix Creditor Litigation (2005-2006)
Lead counsel representing national elder care management company in its efforts to recover substantial sums from the debtor in complex bankruptcy proceedings
achieved resolution that client found satisfactory.
Cross v. Maric (Los Angeles Superior Court, 2004-2006) Represented educational institution in class action brought by former students alleging statutory violations.
Felton Bank Class Action Cases (Three federal cases across the country, 2000-2002)
Lead trial counsel representing bank in consumer debt alleged fraud class actions
resolved to client's satisfaction.
Pacific Guarantee Mortgage v. Pacific Capital Mortgage (Marin County Superior Court, 1998-1999)
Lead trial counsel representing defendant company charged with trade secret misappropriation, employee raiding,
copyright infringements
achieved victory by defeating preliminary injunction motion.
Bechtel Wind Turbine Litigation (Northern District of California, 1987-1989)
Represented defendant company charged with improper inspection of wind turbines
prevailed on summary judgment.
Gilmore Steel Corp. v. United States, 672 F.Supp. 1458 (CIT 1987), rev'd sub nom, Oregon Steel Mills, Inc. v. United States, 862 F.2d 1541 (Fed. Cir. 1988): Represented domestic steel manufacturer in connection with alleged steel dumping by Japanese
Korean steel manufacturers.
In re Consolidated Capital Securities Litigation (Northern District of California, 1985-1987)
Worked with team defending company in securities fraud litigation.
In re Apple Securities Litigation (Northern District of California, 1985-1986)
Worked with team defending company in securities fraud litigation.
Antitrust Litigation
American Express Travel Related Services Company, Inc. v. Visa USA, Inc. et al., Case No. 04-CV-08967 (SDNY 2004-2007): Lead trial counsel for Washington Mutual
Providian in massive antitrust case filed by American Express against Visa, MasterCard,
various banks with respect to network rules relating to issuance of credit cards
achieved resolution that client found favorable.
In re Insurance Antitrust Litigation, 723 F.Supp. 464 (N.D. Cal. 1989), rev'd, 938 F.2d 919 (9th Cir. 1991), aff'd in part
rev'd in part sub nom, Hartford Fire Ins. Co. v. California, 113 S.Ct. 2891, 125 L.Ed.2d 612 (1993): Represented foreign insurers in multi-district litigation initiated by dozens of state attorneys general
private parties who alleged global conspiracies with respect to the pricing
availability of liability insurance
prevailed on summary judgment.
Environmental
Insurance Coverage Litigation
Great American Insurance Company v. Michael Chang, et. al. (N.D. Cal. 2012-2013)
prevailed on summary judgment
defeated environmental insurance coverage claims.
APL Co. PTE Ltd. v. Valley Forge Insurance Company, 2013 U.S.App. LEXIS 20347 (9th Cir. Cal. Oct. 4, 2013)
Won Ninth Circuit appeal for insurer establishing no insurance coverage for subject remediation costs.
Modesto Irrigation District Pipeline Litigation (Eastern District of California, (2003-2006)
Lead counsel representing defendant in case involving responsibility for a pipeline
achieved resolution after successful motion practice.
TMX Interactive Mold Litigation (San Francisco Superior Court (2004-2006)
Lead counsel representing defendant in toxic mold case
achieved resolution that client found favorable.
Three Sisters Ranch Enterprises Environmental Litigation (Northern District of California, 2002-2004)
Lead counsel for defendant purchaser of contaminated property
achieved complete victory by proving fraud on summary judgment that led to the rescission of the purchase contract from 16 years earlier
to client not having responsibility for ground
groundwater pollution cleanup.
Travelers Cas.
Sur. Co. v. Superior Court, 63 Cal. App. 4th 1440 (1998)
Successful amicus briefing on the pollution exclusion contained in general liability policies.
Lockheed Insurance Coverage Litigation (Santa Clara Superior Court (1993-2000)
Lead counsel for London insurers on numerous issues
victorious at trial in defeating $500 million in claims on Burbank contamination site.
Chevron v. Kentucky Agricultural Energy Corporation (San Francisco Superior Court (1987-2000)
Represented insurer with respect to claims made under performance guarantee policy as to a fuel ethanol plant
achieved resolution that client found favorable.
