Commercial Litigation

Representative Matters

Commercial Litigation

• DuPont/Kolon litigation and related investigations. Represented plaintiff DuPont in case alleging misappropriation of over 100 trade secrets relating to KEVLAR® fiber technology in one of the largest trade secret misappropriation cases in United States history and obtained $275 million in restitution and damages from Kolon for the theft of KEVLAR® technology. E.I. du Pont de Nemours and Company v. Kolon Industries, Inc., et al., No. 3:09-cv-58 (E.D. Va.).
• Enron Creditors recovery. Achieved settlement valued at approximately $6 billion from defendant banks for their role in aiding and abetting fraudulent conduct by Enron's insiders. Enron Creditors Recovery Corp., et al., v. Citigroup Inc., et al., Adversary No. 03-09266 (AJG) (Bankr. S.D.N.Y.).
• DRAM chip price-fixing recovery. Achieved favorable settlement in representation of opt-out plaintiffs in price-fixing actions against manufacturers of dynamic random access memory (DRAM) chips. Sun Microsystems, Inc. v. Micron Technology, Inc., et al., No. C-06-1665 PJH (N.D. Cal.).
• Dismissal for GM in $3 billion suit. Prevailed on a motion to dismiss for General Motors in a $3 billion suit brought by defunct Swedish automaker Saab and its Dutch owner Spyker, accusing GM of tortious interference. Saab and Spyker accused GM of interfering with their efforts to avoid Saab's 2011 bankruptcy by issuing public statements commenting on the proposed sale of Saab by Spyker to a Chinese automaker. The judge ruled from the bench after oral argument and dismissed the case, finding that GM had a contractual right to approve or disapprove the sale of Saab to another OEM. Saab Automobile AB and Spyker N.V. v. General Motors Co., No. 2:12-cv-13432 (E.D. Mich.).
• Reimbursement for provision of health care services. Achieved directed verdict for defendant following trial, in alleged breach of contract action relating to reimbursement for provision of health care services. Delmar Emergency Specialists, P.a. v. MD-IPA and OCI, Civil Case No. 02-C-05-110040 IT (Md. Cir. Ct., Anne Arundel County).
• AT&T customer fraudulent use. Obtained TRO, preliminary injunction, and confession of judgment against defendants for fraudulent use of client's unlimited residential minutes program by masquerading as individual residential customers. AT&T Corp. v. Aaron Nudell, et al., Civ. A. No. 07-CV-103 (D. Md.).
• Marriott competing developer challenge. Intervened as defendant on behalf of clients to oppose competing developer's challenge to a government contract awarded to clients for the construction of a convention center hotel in Washington, D.C. Wardman Investor, LLC v. District of Columbia v. Marriott International, Inc., No. 2009-CA-006427B (D.C. Super. Ct.).
• KB HOME market crash matter. Achieved a multimillion dollar settlement at the start of trial for KB HOME, which sued MW Housing for alter ego and resulting liability for breach of operating agreements related to three condominium developments adversely impacted by the real estate market crash. KB HOME v. MW Housing Partners III L.P., et al., No. BC 391806 (L.A. Super. Ct).
• Management of various financial entities and partnerships by founders. Obtained award in excess of $24 million, including substantial punitive damages, against the founders of Cisco Systems in connection with the management of various financial entities and partnerships. Soward v. Leonard Bosack and Sandy Lerner (Am. Arb. Assn., San Francisco).
• Prominent entertainment law firm dispute. Successfully represented a prominent entertainment law firm in a multimillion dollar dispute over representation of entertainment clients, obtaining defense verdict following two- month trial. Hirsch Wallerstein v. Jackoway Tyerman, et al., No. BC320128 (L.A. County Super. Ct.).
• Silicon Valley property acquisition and development fees matter. Obtained an award of $13 million for client Menlo Equities against Juniper Networks for fees owed for managing the acquisition and development of a Silicon Valley property. Menlo Equities v. Juniper Networks (Arb., San Francisco).

Technology Industry Litigation

• Top verdict of 2014: patent infringement. Obtained a jury verdict of over $34 million for LifeNet Health in a patent infringement action involving the preservation of soft-tissue grafts. The jury found that LifeCell's skin graft products, AlloDerm® Ready to Use Regenerative Tissue Matrix and Strattice™, infringed all seven asserted claims of LifeNet's patent—a revolutionary patent involving technology that results in a lesser chance of the graft failing. The jury award was ranked by the National Law Journal as one of the "Top 100 Verdicts of 2014" and the largest jury verdict in the Commonwealth of Virginia for 2014. LifeNet Health v. LifeCell Corp., Case No. 2:13-cv-00486 (E.D. Va.).
• Fighting for cancer treatment in the lab and in the courts. Representing The Regents of the University of California and UCLA Professor Michael Jung, Ph.D., in a dispute with pharmaceutical company Medivation, Inc. over control of A52, a promising drug for the treatment of prostate cancer that Medivation claimed was worth almost $1 billion. Obtained key summary adjudication wins relating to A52, eliminating Medivation's contract claims against The Regents and establishing that Medivation had no rights to A52. Discovered claim that The Regents were underpaid on drugs The Regents did license to Medivation and prevailed in a bench trial on a cross-claim by The Regents pursuant to which The Regents are now entitled to up to $32 million in additional licensing income from Medivation. Prevailed in a jury trial regarding whether Professor Jung defrauded Medivation out of rights to A52. Medivation, Inc., et al. v. The Regents of the University of California and Dr. Michael E. Jung, No. CGC-11-510715 (Cal. Super. Ct., County of San Francisco, Complex Dept.).
• Vehicle sound system patent infringement defense. Defended U.S. subsidiaries of a German automobile manufacturer in the defense of a patent infringement litigation relating to the integration of portable musical devices into vehicle sound systems. Affinity Labs of Texas, LLC v. BMW North America, LLC, et al., No. 08-00164 (E.D. Tex.).
• German printing press manufacturer patent infringement defense. Achieved favorable settlement in defense of German manufacturer of large printing presses against claims of patent infringement made by its principal competitor and in prosecution against the competitor of Sherman Act section 2 antitrust counterclaims of fraud on the patent office and sham litigation. Goss International Americas, Inc. v. MAN Roland Inc., et al., No. C-03-513-SM (D. N.H.).
• Vehicle-based telematic devices patent infringement defense. Achieved early and favorable settlement in defense of the U.S. subsidiaries of two major German car manufacturers against claims of patent infringement related to vehicle-based telematic devices. Fernandez Innovative Technologies, LLC v. General Motors Corp., et al., No. 07-cv-1397 (N.D. Ill.).
• Yahoo! victory in California Unfair Competition matter. Achieved a verdict for Yahoo! following a lengthy bench trial in a representative class action brought under California's Unfair Competition Law, in which it was alleged that Yahoo! aided and abetted illegal internet gambling. Yahoo! successfully asserted defenses under the Communications Decency Act. Cisneros, et al. v. Yahoo!, Inc., No. CGC-04-433518 (S.F. County Super. Ct.).
• Trade secret misappropriation. Pursued claims for trade secret misappropriation and conspiracy to breach fiduciary duties, achieving a prompt and favorable settlement that preserved the client's confidential information and customer relationships. Cargo-Master LLC v. Southern Ag Carriers, Inc., No. CCCV-10-1451 (Tex. Dist. Ct., Comanche County).

Class Action Litigation

• Dismissal for Amazon in e-books class action. Won dismissal for Amazon in a putative class action filed against Amazon and six major publishing houses on behalf of brick-and-mortar booksellers alleging conspiracy as well as monopolization and attempted monopolization by Amazon. Plaintiffs contended that the publishers conspired with Amazon to use DRM (digital rights management software) to limit the devices on which electronic books sold by Amazon can be read, thereby restraining competition in e-books. The Book House of Stuyvesant Plaza, Inc., et al. v. Amazon.com, Inc., et al., Case No. 1:13-cv-01111 (S.D.N.Y.).
• iPad data plan consolidated action. Represent AT&T in consolidated consumer class actions on marketing representations regarding data plans for the original iPad, and achieved dismissal of several claims, arbitration compelled for iPad users who subscribed with AT&T, and favorable settlement approved by court for a limited subclass of iPad users who never subscribed with AT&T. In re Apple & AT&T iPad Unlimited Data Plan Litigation, Case No. 5:10-cv-02553 RMW (N.D. Cal.).
• iPhone 4 antenna consumer class actions. Represented AT&T in multidistrict litigation centralizing over a dozen putative consumer class action cases regarding the iPhone 4 antenna, and achieved voluntary dismissals for the AT&T. In re Apple iPhone 4 Products Liability Litigation, No. 5:10-md-02188 (N.D. Cal.).
• iPhone 3G and 3GS multimedia messaging consumer class actions. Represented AT&T in multidistrict litigation centralizing two dozen putative consumer class actions regarding the multimedia messaging capabilities of the iPhone 3G and 3GS, and achieved voluntary dismissals for the AT&T. In re iPhone MMS Products Liability Litigation, MDL No. 2116 (E.D. La.).
• iPhone 3G network consumer class actions. Represented AT&T in multidistrict litigation centralizing over a dozen consumer class actions regarding performance of and adequacy of the network for the iPhone 3G, and achieved dismissal on preemption grounds. In re iPhone 3G Products Liability Litigation, No. 5:09-md-02045 (N.D. Cal.)
• Dismissal of constitutional violations. Obtained dismissal of consolidated action alleging constitutional violations regarding the collection of fees at California airports, which was affirmed by the Ninth Circuit Court of Appeals. In re Tourism Assessment Fee Litigation, Case No. 08 CV 1796 MMA (WMc) (S. D. Cal.).
• Price-fixing conspiracy class action defense. Defend Enterprise Holdings, Inc. and Vanguard Car Rental USA, LLC in putative class action alleging price-fixing conspiracy related to the itemization and collection of two fees at California airports permitted by California statute. Shames, et al. v. Hertz, et al., Case No. 07 CV 2174 MMA (WMc) (S.D. Cal.)
• Fuel surcharge price fixing defense. Represent Class I railroad in defense of multi-district litigation (MDL) antitrust class action litigation alleging conspiracy to fix fuel surcharge prices. In re Rail Freight Fuel Surcharge Antitrust Litigation, MDL Docket No. 1869 (Misc. No. 07-489) (D.D.C.).
• Black Farmers discrimination litigation. Achieved favorable settlement for African-American farmers seeking to recover monies from U.S. Department of Agriculture for past racial discrimination under remedial provisions embodied in the 2008 Farm Bill. In re Black Farmers Discrimination Litigation, Misc. No. 08-mc-0511 (PLF) (D.D.C.).
• Hurricane Katrina greenhouse gas litigation. Defended coal companies in Comer I class action alleging that greenhouse gas emissions caused the intensification of Hurricane Katrina and damage to Mississippi property owners. Won dismissal in district court on standing and political question grounds. Fifth Circuit dismissed plaintiffs' appeal and U.S. Supreme Court denied plaintiffs' writ of mandamus. Defended coal companies in Comer II class action asserting similar causes of action. The trial court again dismissed plaintiffs' claims at the motion to dismiss stage and the Fifth Circuit affirmed dismissal on res judicata grounds. Comer, et al. v. Murphy Oil USA, Inc., et al., No. 1:05-cv-00436-LG-RHW (S.D. Miss.) (Comer I) and Comer, et al. v. Murphy Oil USA, Inc., et al., No. 1:11-cv-00220-LG-RHW (S.D. Miss.) (Comer II).
• Racketeer Influenced and Corrupt Organizations (RICO) allegations dismissal. Obtained dismissals for health insurance companies in nationwide class actions in multidistrict litigation alleging RICO violations resulting from payment practices. Achieved favorable settlement terms for one health insurance company with both nationwide class action and statewide class action pending. In re Managed Care MDL Litigation, MDL No. 1334 (S.D. Fla.).
• Enterprise Rent-A-Car rental fleet sales class and related actions. Defended Enterprise Rent-A-Car and its operating subsidiaries throughout the country in this class action and related class actions in the U. S. District Courts for the Central District of California and the Southern District of West Virginia, achieving prompt and favorable settlement in cases alleging that Enterprise failed to properly disclose the absence of certain standard safety features in its rental car fleet when the vehicles were sold. Withrow, et al. v. Enterprise Holdings, Inc., et al., No.10SL-CC01712 (Mo. Cir. Ct.).
• Aftermarket filters antitrust litigation. Obtained voluntary dismissals for defendant German and U.S. manufacturers of automotive filters in MDL antitrust class action proceeding after filing motion to dismiss the claims against our clients on grounds of successor liability. In re Aftermarket Filters Antitrust Litigation, Master Docket No. 1:08-cv-04883 (MDL No. 1957) (N.D. Ill).

Financial, Securities and Corporate Governance Litigation

• Securities class action dismissed. Represented INTL FCStone, a Fortune 100 financial services and commodities trading firm, and two of its executives in a purported class action alleging securities fraud under the Securities Exchange Act of 1934. The action stemmed from the firm’s announcement of restated financials resulting from accounting errors at one of its subsidiaries. The court granted our motions to dismiss the first and second amended complaints—the second with prejudice, closing the case. Woebel v. INTL FCStone Inc., et al., No. 1:14 CV 232 (AKH) (S.D.N.Y.).
  
• Multimillion dollar arbitration award in contract dispute. Obtained an eight-figure damages award in favor of client O1 LLC, a commodity trading adviser, in a JAMS streamlined arbitration of a breach of contract dispute arising from respondents’ use of client’s trading platform. O1 LLC v. NEO Markets, Inc., et al., Case No. 1425021266 (JAMS Arb.).
  
• Dismissal of common and preferred shareholder claims. Represented corporate defendant and its board of directors in putative class action by common and preferred shareholders, who sought monetary damages and to enjoin pending sale of company. Achieved favorable rulings that dismissed plaintiffs' claims and allowed sale of company to proceed as scheduled. LC Capital Master Fund, Ltd., et al. v. Duncan James, et al., C.A. No. 5214-VCS (Del. Ch. Ct.).
• National Association of Securities Dealers arbitration. Represented respondents in NASD arbitration over claimant's entitlement to proceeds from failed business venture. Thomas v. Shattuck Hammond Partners, LLC et al., NASD No. 07-00300 (NASD).
• Interbank securities lending program dispute. Represented the Central Bank of the Republic of Colombia in a financial dispute against a U.S. bank relating to a securities lending program between the two banks. 
• Shareholder derivative litigation. Represented officers and managing directors in shareholder derivative litigation in state court related to management of the company's mortgage-backed securities assets. Raymond Kostecka v. KKR Financial Holdings, LLC, No. 08-478733 (S.F. Super. Ct.).