Photograph of Joel T. Muchmore

Education

  • Knox College, B.A. (1993)
  • University of California, Hastings College of the Law, J.D. (2002)

Admissions

  • California

Joel T. Muchmore

Partner
San Francisco
jmuchmore@crowell.com
Phone: +1 415.365.7202
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

Joel Muchmore is a partner in the San Francisco office of Crowell & Moring, where he is a member of the firm’s Litigation and Intellectual Property groups. Joel has substantial experience as a trial and appellate attorney representing clients in state and federal courts across the country. Joel has litigated in a wide variety of spaces, including software licensing, contract, unfair competition, patent infringement, trade secret, copyright, trademark, insurance coverage, bankruptcy, and other complex commercial disputes. Joel specializes in the intersection of law and technology, representing a broad spectrum of clients in cutting-edge spaces, including internet and cloud service providers, cybersecurity, software developers, and hardware manufacturers. However, because technology issues are by no means limited to technology companies, Joel also has gained extensive experience representing energy providers, heath care networks, global manufacturers of industrial, military, and consumer goods, food and agribusiness companies, not for profit entities, retailers, and government entities and contractors.

Comfortable with entities of all types and sizes, Joel’s clients have ranged from Fortune 50 multinational technology and internet companies to not-for profit entities; from global life sciences and pharmaceutical companies to a Grammy-award winning musician; from Fortune 500 consumer products companies to art galleries. No matter the client or industry, Joel works unusually hard to understand the complex machinations of the businesses he represents in order to deliver the highest caliber and most passionate legal representation. Joel strives to develop cost-effective and creative fee arrangements and strategies that are tailored to fit the individual needs of each representation.

Software Licensing, Audit Defense and ERP Installations. As the use of Enterprise Resource Planning (ERP) software reaches near-ubiquity across all industries, Joel strives to keep abreast of the legal issues attendant to the increasing complex software deployments. Through years of experience in this space, Joel has developed a specialty in representing all types of software licensees in major auditing and licensing disputes against the biggest and most notorious vendors across the globe, including serving as counsel of record for Mars, Inc. against Oracle Corporation in the only publicly filed complaint against that software giant regarding its audit tactics and conduct. Joel also provides legal counseling regarding issues surrounding all stages of ERP installations – including, when necessary, initiating actions to recover sunken costs and damages.

Joel is active in the Bar Association of San Francisco and the American Bar Association. In addition to his professional legal activities, Joel is a committed mentor to young associates, particularly with regard to the importance of written and oral advocacy. During law school, Joel was a member of the Hastings Academic Support Program as a Legal Research and Writing Teaching Assistant and a Discussion Group Leader for contracts and for criminal law. A passionate believer in the importance of oral advocacy, Joel was active in Moot Court (on the winning team for the prestigious National Moot Court Competition in 2002) and served as a moot court coach.

In his spare time, Joel enjoys spending time with his family, long-distance running, writing fiction and non-fiction, and playing music in local San Francisco bands.

Representative Matters

  • Confidential Failed ERP Installation Arbitration (San Francisco JAMS ADR, 2019). Represented an international provider of online educational services in a confidential arbitration against multinational software corporation in a recovery action with regard to a botched Enterprise Resource Management (ERP) software installation. Matter resolved on eve of merits hearing. 
  • Strajna, Daniel J. v. 3M, et al. (Superior Court of the State of California, County of Alameda, 2018). Represented defendant, an aluminum fabricating company, in a multiparty asbestos litigation matter involving alleged exposure through fireplace installation, including complex issues of successor liability. Client dismissed during summary judgment stage.
  • Software License Audit Defense. Represented dozens of software licensees, in numerous industries, in contentious software audits and licensing disputes against global enterprise software providers. 
  • Counseling Services for Cloud Vendors. Multiple representations of global suppliers of third-party cloud hosting services regarding emerging issues at the intersection of software licensing and cloud computing.
  • Louise Shivaya v. H.O.E.M., et al. (Superior Court of the State of California, County of Marin, 2016.) Served as counsel of record for founder and frontman for two-time Grammy award winning rock band Supertramp in privacy and breach of contract dispute.
  • Mars, Incorporated, et al. v. Oracle Corporation, et al. (Superior Court of the State of California, County of San Francisco, 2015.) Served as counsel of record for client Mars, Incorporated in software license and services agreement dispute against Oracle Corporation.
  • Tranxition, Inc. v. Lenovo, Inc. (U.S. District Court, District of Oregon, 2014.) Served as counsel of record for client Tranxition, Inc. in patent infringement case involving software technology for migration of computer "personalities."
  • Tranxition, Inc. v. Novell, Inc. (U.S. District Court, District of Oregon, 2014.) Served as counsel of record for client Tranxition, Inc. in patent infringement case involving software technology for migration of computer "personalities."
  • Local.com Corporation v. Fry’s Electronics, Inc. (U.S. District Court, Central District of California, 2012.) Served as counsel of record for client Fry’s Electronics in defense of a patent infringement case involving an e-commerce technology.
  • Caldera Pharmaceuticals, Inc. v. The Regents of the University of California, et al. (California Superior Court in San Francisco, 2012.) Served as counsel of record for client Caldera in resolution of claims brought against defendants for breach of contract and fraud in connection with a patent licensing agreement.
  • A.P. Deauville, LLC v. Arion Perfume & Beauty, Inc. (U.S. District Court, Northern District of California, 2012.) Served as counsel of record for client Arion in Lanham Act and California Business and Professions Code Section 17200 matter.
  • Edenhurst Gallery v. San Jose Museum of Art Association (California Superior Court in Santa Clara, 2012.) Served as counsel of record for client Edenhurst gallery in breach of contract matter.
  • The Clorox Company, et al. v. Mavea , LLC (U.S. District Court, Northern District of California, 2013.) Counsel for Clorox in trademark infringement and unfair competition case.
  • In re Plant Insulation Co. (U.S. Bankruptcy Court, Northern District of California, 2009.) Trial counsel for defendant insurer in plan confirmation trial, involving debtor with alleged asbestos-related liabilities of $2 billion and proceedings involving complex issues regarding channeling injunctions under 11 U.S.C. Sec. 524(g).
  • Plant Insulation Company v. FFIC, et al. (California Superior Court in San Francisco, 2006.) Counsel of record for OneBeacon Insurance Company in multi-phased asbestos coverage matter, including phased trials on issues of “missing policies,” equitable defenses of waiver, judicial estoppel, and unclean hands, and various contract interpretation issues.
  • Lead trial counsel for plaintiff in federal jury trial on behalf of a former prisoner who alleged violations of his civil rights by the Sheriff's Department of Contra Costa County.


Affiliations

Admitted to practice: California, U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Ninth Circuit, U.S. District Courts for the Northern, Central, and Eastern Districts of California

Awards

  • Recipient, 2014 Marc L. Fleischaker Pro Bono Award for Outstanding Contributions to the Public Interest, for work related to the protection and preservation of early 20th Century American art.
  • First Place, National Moot Court Tournament (hosted by New York City Bar Association and the American College of Trial Lawyers), 2002


Speeches & Presentations

  • "Encore Presentation - Surviving a Failed ERP Installation: Recovering Your Company’s Lost Costs After a Botched Software Launch," Crowell & Moring Webinar (December 4, 2019). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "UPDATE: Preparing For (and Surviving) Your Oracle Audit – What Have We Learned in the Past Two Years?" Crowell & Moring Webinar (October 8, 2019). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Heard About Mars v. Oracle? Explore Oracle Audits with Experts, Attorneys," VMworld 2019, San Francisco, CA (August 26, 2019). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Surviving a Failed ERP Installation: Recovering Your Company’s Lost Costs After a Botched Software Launch," Crowell & Moring Webinar (June 4, 2019). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Recovery Opportunities in the World of IP Licensing: Two Complementary Views," Third Annual In-House Recovery Conference, Dana Point, CA (March 9, 2019). Presenters: Arthur Beeman, Valerie M. Goo, Kent B. Goss, and Joel T. Muchmore.
  • "Surviving a Failed ERP Installation: Recovering Your Company’s Sunk Costs After a Botched Software Launch," Fourth Annual In-House Recovery Conference, Dana Point, CA (March 8-9, 2019). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Responding to Aggressive Auditing of Technology Licenses," 30th Annual All Hands Meeting, Santa Clara, CA (October 16, 2018). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Heard About Mars v. Oracle? Learn About Oracle Audits," VMWorld2018, Las Vegas, NV (August 29, 2018). Panelists: Arthur Beeman and Joel Muchmore.
  • "Preparing For (and Surviving) Your Oracle Audit," Crowell & Moring Webinar (February 1, 2018). Speakers: Arthur Beeman, Joel T. Muchmore, and Belinda Liu.
  • "Insights Into Oracle’s Licensing and Auditing Script," Intellectual Property Owners Association IP Licensing Committee (December 14, 2017). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Preparing For (and Surviving) Your Oracle Audit," Crowell & Moring Webinar (November 16, 2017). Speakers: Arthur Beeman, Joel T. Muchmore, and Belinda Liu.
  • "Learn About Oracle Audits from the Experts & Attorneys," VMWorld Conference, Las Vegas, Nevada (2017). Speakers: Arthur Beeman and Joel T. Muchmore.
  • "Emerging Issues in e-Discovery: The Rock and the Hard Place, " CLE Presentation, Silicon Valley (January 2015). Co-Presenter: Joel T. Muchmore.
  • "Protecting IP Content in the Face of New Entertainment Distribution Technologies – ABC, Inc. et al. v. Aereo, Inc.," CLE Seminar for In-House Counsel, Los Angeles, CA (January 10, 2013). Co-Presenter: Joel T. Muchmore.
  • International Association of Trial Counsel’s 34th Annual Trial Academy, Stanford, CA (2005). Participant: Joel T. Muchmore.


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Oct.12.2017 Premier Trial Lawyers Arthur Beeman and Joel Muchmore Join Crowell & Moring’s San Francisco Office