Cases
Experience: Recent Representative Matters: Secured a temporary restraining order
preliminary injunction in California state court on behalf of an executive search firm against a competitor
two former employees in a misappropriation of trade secrets
unfair competition case.
Prevailed on trade secret misappropriation claims in federal court in the Central District of California against former executives of a regional financial institution who put together a competing business plan using the companies' trade secrets. Obtained a temporary restraining order
a preliminary injunction barring the defendants from soliciting clients
employees, including through the use of trade secrets maintained in memory. Case thereafter settled favorably, including a three-year stipulated injunction.
Defended a bedding frame manufacturer
distributor in Missouri federal court against trade secret claims (among others) resulting from the exchange of information under an NDA during merger negotiations
later hiring of Plaintiff's executive after the deal busted. Removed to federal court
prevailed in obtaining (1) dissolution of an ex parte temporary restraining order,
(2) an order holding that Plaintiff's noncompetition agreement is unenforceable as a matter of law.
Defended an executive against a temporary restraining order
effort to enforce a two-year noncompete provision in federal court in Oregon. Obtained an order requiring the former employer to pay the executive during the restricted period, which resulted in a favorable settlement.
Testified as an expert witness on California restrictive covenants in a high-profile divorce proceeding in Marin County Superior Court where a multi-million dollar payment for a post-termination noncompete was challenged by a former spouse as unenforceable under California law
therefore attributable instead to services rendered during employment (
, as such, was community property).
On behalf of medical device company, defeated former CEO's claims for compensation
benefits,
prevailed on counter-claims against CEO for breach of fiduciary duty, conversion,
related claims.
Represented major e-commerce company in defense of lawsuit alleging disability discrimination
failure to accommodate brought by former employee who suffered from stage 4 colon cancer
a stroke. Brought successful petition to compel arbitration
obtained defense ruling in arbitration finding that employer properly engaged in the interactive process, provided reasonable accommodation,
terminated the employee only after accommodations were unsuccessful.
Defended a leading drug distribution
healthcare technology company in 11-day jury trial against claims brought by a former technology consultant for indemnification under California Labor Code section 2802, breach of contract, wrongful termination, fraud
infliction of emotional distress. The claims were brought on the theory that the Plaintiff was a dual employee of Plaintiff's consulting firm employer
the client company. Complete defense verdict (12-0) obtained.
Filed noncompete enforcement action against former Chief Marketing Officer of multi-national company, following executive's abrupt resignation
dem
for several million dollars in 'good reason' severance. Matter settled quickly
favorably for our client.
Defended world's largest global network of integrated services in 15-day arbitration brought by former vice president who sued for gender discrimination, retaliation, defamation, breach of contract,
other claims. Plaintiff claimed damages in excess of $4 million
was awarded a small fraction of the dem
.
Defended national insurance
financial service company in 16-day trial brought by a former commissioned surety bond producer who sued for breach of contract, intentional interference with prospective economic advantage, fraud, negligent misrepresentation, defamation,
unfair business practices. Plaintiff's dem
was $4.4 million
complete defense verdict obtained.
Prosecution
defense of employee mobility cases involving trade secrets
restrictive covenants for talent agency, international insurance broker, biotech companies, national developer of multi-family residential
corporate housing, among others.