Case Highlights

Business & Industry

Insurance:

Insured v. Insurance Company – Represented insured chairman of the board, obtaining $335,000 bad faith settlement against insurance company

Insured v. Insurance Company – Represented insured as Cumis counsel under an employment practices policy arising out of claims of sexual assault, resulting in mutual release settlement

Homeowner v. Homeowner – Defended homeowner as Cumis counsel against multi-million dollar claim for damages by neighbor due to hillside soil subsidence, resulting in $1.5 million dollar settlement from insurers

Employee v. Insured Company – Defended company against employee’s defamation claim under insurance policy, resulting in nominal settlement

Union Member v. Union – Defended wrongfully accused union representative of sexual harassment as Cumis counsel, resulting in mutual release settlement

Business & Industry

Manufacturing:

Thermal Sensors – Drafted agreement for exclusive manufacturing relationship between American company and Chinese company

Subcontractor Installer v. Fire System Manufacturer – Defended manufacturer of commercial fire system against negligence claims, resulting in nominal settlement

Business & Industry

Wineries & Breweries:

Setting up and structuring your Winery, Vineyard, or Brewery

Selecting and trademarking trade names and brand

Determining and securing real estate for your Winery, Vineyard or Brewery

Local Zoning compliance and conditional use permits

Environmental compliance

Bottling compliance

Labeling compliance

Compliance with regulations permitting sales directly to consumers in tasting rooms and retail shops

Compliance with regulations permitting sales by direct postal mail or on the internet

Federal Tax and Trade Bureau (“TTB”) registration

Applying for, assigning, and transferring ABC (“Alcohol Beverage Control”) licenses

Purchase agreements between vineyards for grapes, including liens

Independent contractor, employee, and human resource risk management

Business & Industry

Retail, Wholesale & Services:

Retailer v. School Buyer – Represented retailer of school uniforms against school for breach of contract, resulting in full value settlement

Purchaser v. Supplier – Represented wholesaler of thermal sensors in international defective product dispute, resulting in non-liability settlement

Service Company v. Potential Buyer – Defended potential buyer of services company against misappropriation of trade secrets claim, resulting in mutual release settlement

Business & Industry

Franchising:

Franchise Brokerage Company v. Broker – Obtained favorable binding arbitration decision, awarding the disputed territory to client and obtaining reimbursement of attorney’s fees

Franchisee v. Franchisor – Defended franchisor against franchisee’s claims of misrepresentation, resulting in mutual releases and a complete dismissal of all claims

Franchisee v. Franchisor – Prosecuted franchisee’s claim for improper termination against franchisor, resulting in $450,000 settlement for franchisee

Franchisees v. Franchisor – Represented 22 franchisees against franchisor for franchise law violations, resulting in $1.2 million settlement for franchisees

ADA Complaint v. Franchisee – Defended national ice cream franchisee in complaint of ADA violations, resulting in non-liability settlement

Business & Industry

Technology:

Software Developer Company v. Mortgage Banking Company – Defended $1 million breach of contract and copyright infringement claims, resulting in nominal settlement

International Money Exchange Company v. Computer System and Software Developer – Defended independent contractor from claims of personal liability and negligence resulting from failure of computer back-up programming and hardware

Subcontractor v. Contractor – Represented manufacturer of satellite power amplifier for breach of contract against buyer

Company v. Corporate Raider – Represented company against corporate raider successfully getting back all intellectual property rights from corporate raider

Founders v. Company – Represented company founders against company purchasers for claim on reserved net proceeds from sale of technology, resulting in $250,000 settlement

Telephone Switch Purchaser v. Seller – Represented defrauded purchaser of telecommunication switch, obtaining all benefits of $250,000 contract

Consumer v. National Cellular Service Provider – Lead senior associate in class action involving failed rebate promotion by Cellular Provider.

Obtained pro rata rebates for over 2,300 customers totaling $275,000

Business & Industry

Biotech:

Biotech Retail Supplier – Negotiated license agreement for intellectual property rights on behalf of biotech retail supplier

Pharmaceutical Development Company – Assisted company in obtaining trademarks

Pharmaceutical Contract Research Company – Defended company against breach of contract claims from purchaser of services

Employment & Labor

Businesses:

Employee v. Mortgage Banking Company – Defeated $3 million wrongful termination, fraud and defamation claim by former employee against national mortgage lender

Employee v. Nursery – Represented Nursery against employee’s claims of ownership, inheritance, retaliation and wrongful termination, resulting in nominal settlement

Executive Salesperson v. Research Company – Represented executive in claims of sexual harassment, resulting in $100,000 settlement before filing lawsuit

Union Member v. Union – Defended wrongfully accused union representative of sexual harassment, resulting in mutual releases settlement

Commissioned Salesperson v. Company – Successfully overturned Labor Commissioner’s ruling on appeal in favor of employer’s recovery of advanced, but unvested commissions

ADA Complaint v. Company – Defended national ice cream franchise company in complaint of ADA violations, resulting in non-liability settlement

Employment & Labor

Entrepreneurs:

Investor v. Company – Represented investor against company, resulting in obtaining ownership of intellectual property used as security for investment

Shareholder v. Corporation – Represented sleeping aids shareholders and former founders of company in buyout dispute, resulting in $250,000 settlement

IP Troll v. Entrepreneur – Defended entrepreneur against intellectual property troll company’s claims of trademark infringement, resulting in purchase of mark by intellectual property troll

Lender v. Entrepreneur – Defended entrepreneur against personal guarantee claims, resulting in 50 percent discount on obligation

Employment & Labor

Labor:

Bruce Church, Inc. v. United Farm Workers – Defended Cesar Chavez’s United Farm Workers against lettuce grower Bruce Church’s $9.7 million illegal boycott claim, ultimately resulting in no damages paid to Bruce Church Inc. and a five-year labor agreement between the parties

Union Employee v. Unite Here Local 30 Labor Union Manager – Successfully defended hotel, gaming and restaurant union manager against sexual harassment claim from union employee, resulting in dismissal of claim for nuisance value settlement and indemnity by Union

Employment & Labor

Owners:

Receptionist v. Company Owner – Defended owner and company against civil sexual assault claims by employee, resulting in nominal settlement

Employee v. Company Owner – Defended owner and company against sexual harassment claim by employee, resulting in dismissal of lawsuit

Employment & Labor

Officers and Directors, Executives & Employees

Employee v. Government Contractor – Represented employee against Fortune 500 company for claims of same sex harassment and racial discrimination by supervisor, resulting in $400,000 settlement

Salesperson v. Company – Represented employee against company for claim of breach of the covenant of good faith and fair dealing, resulting in jury verdict in the amount of approximately $65,000

Employer v. Employee – Defended employee against misappropriation of trade secrets claim, resulting in mutual release settlement

Employees v. Pension – Represented employees against international Fortune 100 company in $667,000 dispute over interpretation of pension rights, resulting in favorable decision for employees by Pension Administrator

Executive v. Company – Represented executive in breach of employment agreement claim, resulting in $307,000 settlement

Independent Contractor v. Company – Defended company against copyright infringement claims by independent contractor, resulting in favorable verdict for company

Real Estate

Brokers & Agents

Buyer v. Seller and Broker – Defended broker against fraud and negligence claim, resulting in complete victory for broker at arbitration

Relocation Services Broker v. Company – Represented relocation services company in claims against hiring company for breach of contract, misappropriation of trade secrets and conversion, resulting in full value settlement and rights to trade secrets and converted property

Real Estate

Contractors, Developers & Builders:

Promissory Note Holder v. REIT – Defended REIT against foreclosure, negotiated restructured financing to prevent foreclosure

REIT v. Hotel Lodge Operator – Prosecuted unlawful detainer action, obtaining damage judgment in excess of $750,000

Investors v. Real Estate Developer – Lead senior associate in class action complaint for $6 million in damages, resulting in settlement within one month for nearly 89% of defendants’ available funds

Purchasers v. Real Estate Developer – Senior associate attorney for 35 clients in real estate securities fraud action. Recovered more than 100% of investors’ principal investment of $1 million on eve of trial through settlement

Investors v. National Real Estate Limited Partnership Syndicator – Lead senior associate attorney in class action complaint against 14 Prudential Securities, Inc. real estate limited partnerships. Complaint was the basis of the national class action for $7 billion fraud involving 750 partnerships; $100 million settlement

Real Estate

Homeowners:

Neighbor v. Neighbor – Represented one of seven homeowners in obtaining $1.5 million landslide repair

Corporate Landlord v. Tenant – Defended tenant against $3 million damage case for unpaid rent, resulting in settlement for approximately $500,000

Real Estate

Land Issues:

Landowner v. Trespassers – Represented landowner to create licensed use for horse riders on open space property

Landowner v. Developer – Defended landowner in boundary dispute with residential developer, resulting in settlement fixing permanent boundary line

Landowner v. Developer/City – Represented landowner in landlocked parcel dispute, resulting in full access rights to landlocked parcel

Landowner v. HOA – Defended landowner in dispute over landscape easement rights, resulting in redesigned easement agreement

Landowner v. Developer – Represented landowner in breach of development agreement, resulting in $285,000 settlement

Technology

Technology:

Software Developer Company v. Mortgage Banking Company – Defended $1 million breach of contract and copyright infringement claims, resulting in nominal settlement

International Money Exchange Company v. Computer System & Software Developer – Defended independent contractor from claims of personal liability and negligence resulting from failure of computer back-up programming and hardware

Technology

Telecommunications:

Telephone Switch Purchaser v. Seller – Represented defrauded purchaser of telecommunication switch, obtaining all benefits of $250,000 contract

Consumer v. National Cellular Service Provider – Lead senior associate in class action involving failed rebate promotion by Cellular Provider. Obtained pro rata rebates for over 2,300 customers totaling $275,000

Technology

Aviation:

Finder v. Airplane Sales Company – Defended fixed base operation against claim for million-dollar finder fee arising out of the sale of private jets to Fortune 500 corporation, obtaining jury verdict in favor of defendant

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