Cases
Representative Matters: JRI, Inc. v. City
County of San Francisco - Commercial Litigation - (Alameda Superior Court) Represented Aircraft Firefighting Rescue Vehicle manufacturer in contract dispute regarding vehicle purchase. Matter settled on favorable terms.
FlightCar, Inc. v. City of Millbrae - Commercial Litigation/L
Use - (San Mateo Superior Court) Represented start-up car share company in l
use dispute with local government entity. Matter settled on favorable terms
In re Zynga Privacy Litigation - Class Action Litigation - (Northern District of California, Ninth Circuit) Obtained judgment dismissing consolidated federal class actions alleging claims under Electronic Communications Privacy Act, Stored Communications Act, Computer Fraud
Abuse Act, as well as state common-law
statutory claims. Plaintiffs alleged that Zynga shared personally identifiable information with advertisers through the transmission of referrer headers that linked to Facebook user pages ? allegations that were based on an October 18, 2010, front-page Wall Street Journal article. Zynga argued that any leakage did not involve the contents of any communications under the federal privacy statutes, that any transmissions resulted from st
ard web-browser operations
that plaintiffs had not alleged any actual harm. In May 2014, the Ninth Circuit affirmed the dismissal of all claims against Zynga
the dismissal of most claims against Facebook in the parallel Facebook Privacy case. In re: Zynga Privacy Litigation, No. 11-18044, ___ F.3d ___, 2014 U.S. App. LEXIS 8662, 2014 WL 1814029 (9th Cir. May 8, 2014)
dw-link Incorporated v. Giant Bicycle, Inc.
Giant Manufacturing Co., Ltd. - Patent Litigation/Commercial Litigation - (Central District of California) Represented defendants in patent infringement lawsuit relating to vehicle suspension systems. Matter settled on favorable terms.
Ackerman v. Zynga, Inc. - Class Action Litigation - (San Francisco Superior Court) Defended Zynga in Nationwide class action. Plaintiffs alleged claims under the UCL
CRLA for false advertising in connection with Zynga's Words With Friends games. Matter settled on favorable terms.
Telswitch, Inc. v. Billing Solutions Incorporated, et al., - Intellectual Property Litigation - (Northern District of California) Representing defendants
counter-claimants in trade secrets
Computer Fraud
Abuse Act case.
Tuition Options, LLC v. ATI Enterprises, Inc. - Commercial Litigation - (Philadelphia Arbitration ) Lead counsel in arbitration for prevailing defendant
counter-claimant company in the career education sector regarding complicated accounting
contractual issues pertaining to a servicing agreement.
Swift v. Zynga, Inc. - Class Action Litigation - obtained a dismissal with prejudice of a class action brought against Zynga Inc. under the California Unfair Competition Law
the Consumer Legal Remedies Act, following a successful motion to compel arbitration based on the U.S. Supreme Court's 2011 AT&T Mobility v. Concepcion decision. In the first application of that decision to an online terms of service agreement, the U.S. District Court for the Northern District of California found that the Zynga's modified click-wrap agreement was effective to bind the plaintiff to arbitrate the claims as an individual -
, not as a representative of the putative class.
The Kindred Limited Partnership v. Screen Actors Guild (Central District of California) - Copyright infringement
wrongful foreclosure action brought on behalf of Feldman/Meeker Co. to obtain return of copyright for the motion picture, The Kindred. Obtained partial summary judgment that SAG's foreclosure on the motion picture copyright was unlawful
ineffective. Damages claim settled shortly before trial set for June 2010.
Ivanhoe Capital v. Janna Hospitality Holdings, LLC (San Francisco Superior Court) - Represented defendant potential real estate investor in complex commercial real estate dispute arising from an alleged breach of contract regarding the potential development of a property in Idaho
obtained dismissal of the complaint without leave to amend. Obtained a unanimous decision from the California Court of Appeal affirming the trial court's decision.
Topa Insurance Group v. RCM Technologies, Inc. (Los Angeles Superior Court) - Represented plaintiff insurance company in a major software defect case against a company it had hired to design, install
implement custom-built software
obtained pre-trial rulings
trial resolution that the client found favorable.
PeopleData v. Yahoo! (Santa Clara Superior Court) - Represented Yahoo! in defense of breach of pay-per-click advertising contract
various related tort claims
prosecution of cross-complaint for successor liability
fraudulent conveyance of business assets. Matter was settled, with Yahoo! as a defendant obtaining an affirmative recovery.
Premises Liability Litigation (Eastern District of California) - Represented defendant restaurant owner in a premises liability action alleging that plaintiff's decedent died as result of being run over outside of restaurant
obtained settlement
Environmental Coverage Litigation - Represented insurance companies in complex coverage claims
litigation arising out of environmental contamination
/or product injuries.
Advised
represented highly visible internet social gaming company on multiple litigation
corporate matters relating to content policies, virtual currency issues, internal risk management
terms of service.
