Cases
Representative Matters: Represented America's Cup sailor in defending charges of gross misconduct under Rule 69 of the ISAF Racing Rules of Sailing. After five days of hearings before the America's Cup International Jury, our client was exonerated of the most serious charges
was permitted to continue sailing for Oracle Team USA in its successful defense of the America's Cup.
Obtained on behalf of a theme park a dismissal with prejudice of a suit alleging violations of the Song-Beverly Credit Card Act, which prohibits the collection of personal information from credit card customers,
successfully resolved Song-Beverly claims on behalf of other national
local retailers.
Obtained an order dismissing a putative products liability class action against a major Japanese retailer that had sought refunds
medical monitoring for lead poisoning.
National product liability counsel for American, Austrian, Chinese, French, German, Italian, Spanish
Swiss manufacturers of ski, snowboard, cycling, scuba, tennis
climbing equipment, including helmets
Advise
represent manufacturers, importers
retailers before the U.S. Consumer Product Safety Commission (CPSC) in product hazard reporting, planning
implementing recalls,
compliance issues involving the Consumer Product Safety Improvement Act of 2008 (CPSIA), Flammable Fabrics Act, Federal Hazardous Substances Act, Food, Drug
Cosmetic Act, National Highway Traffic Safety Administration
other state
federal regulatory schemes
Advise
represent manufacturers, importers
distributors of jewelry, apparel, toys, sporting goods, electronics
other consumer products in claims
litigation involving California Proposition 65, including settlements
consent decrees in public
private enforcement actions
Represented multiple retailers in defending consumer class actions involving customer privacy, credit-card transactions, gift cards, product recalls, claims for diagnostic-testing codes resulting from toxic exposures
various other consumer claims.
Provide counseling
due diligence to clients involved in mergers
acquisitions relative to potential exposures involving product liability, recalls, toxic torts
consumer protection claims.
Represented clinical drug trial contractor in successful resolution of dispute with drug developer arising from pivotal Phase 3 clinical trials utilizing electronic data capture
management
Represent major marine products retailer in asbestos litigation
Represented Swiss
German manufacturers in trademark licensing
trade secret dispute arbitrated before AAA
Represented French manufacturer in defense of antitrust suit involving alleged group boycott
Defense
prosecution of class actions
Represented famous Napa Valley winery in arbitration of claims involving alleged TCA (2,4,6-Trichloroanisole) contamination of wine while in cellar storage
Represented French winemakers in suit against American chemical company whose pesticides caused TCA contamination
Lead trial counsel in defending dozens of ski
snowboard liability suits, which established the primary assumption of risk defense in California
see e.g., Connelly v. Mammoth Mountain Ski Area, 39 Cal.App.4th 8, 45 Cal.Rptr.2d 855 (1995)
Successful defense of European ski equipment manufacturers in class action unfair competition suit which sought to bar the use of liability releases by ski shops
see Olsen v. Breeze, Inc., 48 Cal.App.4th 608, 55 Cal.Rptr.2d 818 (1996)
Trial counsel in successful defense of patent infringement suit involving medical devices which sought damages in excess of $80 million
Represented Hong Kong publisher in successful prosecution of copyright infringement action against American newspaper publisher
Represented Italian manufacturer of carbon fiber composite structures in successful defense of product liability suit
Developed plans
agreements for foreign product manufacturer to insulate parent company from U.S. product liability exposures
Developed plans
agreements for major U.S. retailer to shift product liability
recall risks to Asian manufacturers
their insurers
Advise retailers, importers
manufacturers regarding U.S. dealer relationships, risk shifting
warranty issues, gray market
related trade regulation issues
Represented hotel management company negotiating management agreements with project owners involving multiple properties,
in obtaining injunction to maintain status quo while transition negotiations were underway
Represented California software company in obtaining injunction to bar disclosure of trade secrets by departing employees
Won dismissal of class action suit brought against toy manufacturers by attorney group which attempted to stop Internet toy sales only days before Christmas
Plaintiff class counsel in national class action suit against major consumer electronics manufacturer which settled for more than $200 million
