Business disputes take on many forms. Our attorneys are experienced with and prepared to handle all types, including commercial contract breaches, corporate control and shareholder fights, class actions, unfair competition and antitrust matters, insurance coverage disputes, merger and acquisition workouts, and fraud claims, just to name a few. We also represent beer distributors in a variety of matters, including negotiating and litigating distribution agreements, and brand transfer arbitrations under Cal. Business and Professions Code 25000.2.
Our Cases
Commercial Contract Disputes
Represented world’s largest technology distributor Ingram Micro Inc. in binding arbitration brought by national speaker manufacturer demanding $30 million of damages for alleged breach of distribution contract, trademark/trade dress infringement and copyright violations
Obtained recovery of unpaid invoices from bankrupt company and from company’s former president based on alleged misrepresentations and fraudulent transfer of company’s assets
Represented client in California litigation against Canadian company for breach of consulting services agreement; negotiated settlement and re-drafted consulting services agreement
In multi-party federal court action concerning disputed termination of government contract for video teleconference technology, represented The CIT Group/Equipment Financing as lead counsel in action to enforce rights to lease stream payments from contract and against manufacturer claims
Represented one of the world’s leading plastic container and pallet manufacturers, Rehrig Pacific Company, in multimillion dollar binding arbitration concerning licensing and patent disputes
Litigated and mediated favorable settlement of client’s claims against software developer for failure to deliver timely and functional online product services software application
Represented higher education online referral company with claims of breach of contract, fraud, and violations of anti-spam laws against online lead aggregating company
Represented talent agency and music performer in mediated settlement of contractual dispute with concert booking agent
Represented Kevin Bruner, founder and former CEO of Telltale Games, in breach of contract action against Telltale Games (Superior Court of California for the County of Marin, Case No. CV1800690)
Represented beer distributor in breach of contract action against beer manufacturer
Partnership, Shareholder and Derivative Disputes
Represented DHL Corporation in federal court action seeking to enforce terms of a Shareholder Agreement permitting the Company to purchase 60% of its outstanding shares from the estate of a deceased shareholder, which resulted in acquisition of controlling interest in Company
Successfully defended derivative claims of fraud and breach of fiduciary duty brought against client TransAsia Infrastructure in U.S. federal court and Singapore International Arbitration Centre; settlement enabled $75 million sale of India’s largest tollway bridge project
Represented company in successful opposition of LLC member’s attempt to block company’s merger and force a buy-out of member’s interest at inflated price
Represented bank in derivative action alleging mismanagement and breach of fiduciary duty; obtained appointment of special litigation investigator resulting in dismissal of derivative claims
Represented HotChalk, Inc. in federal court action brought by warrant holder MMV Capital Partners, Inc. stemming from dispute over a tender offer (United States District Court for the Northern District of California – San Jose Division, Case No. 5:18cv03713BLF)
Class Actions
Obtained appellate decision affirming denial of certification of nationwide class of more than 100,000 borrowers seeking $150+ million of damages and rescission of loans from clients LendingTree and LendingTree Loans
Favorably settled class action and individual claims of alleged Truth In Lending Act violations for client Pacific Mercantile Bank
Mediated the favorable settlement of a class action complaint against Chase Bank accused of unfair business practices and privacy violations in credit card marketing
Obtained voluntary stipulated dismissal of putative class action case by borrowers against U.S. Bank alleging fraud and breach of contract of Option Adjustable Rate Mortgage loans
Represented DBI Beverage in multidistrict litigation against truck engine manufacture (United States District Court for the Northern District of Illinois – Eastern Division, Case No. 1:14cv10318)
Antitrust and Unfair Competition
Defended national credit card processing company against breach of contract and trademark infringement claims brought by a worldwide credit card brand network, and pursued antitrust and other unfair competition claims on behalf of the processing company
Represented LendingTree, LLC in litigation against former employees and mortgage brokers for alleged computer hacking and theft of borrower lead information
As co-lead counsel, represented MCI in federal court action concerning software development contract, trade secret and business tort claims; case settled on eve of trial
Represented technology distributor Ingram Micro Inc. in third-party discovery proceedings in antitrust and class action litigation between AMD and Intel
Litigated cases of first impression concerning distribution rights for beer distributors under the California Brand Transfer Law, Business & Professions Code § 25000.2
Represented client in third party discovery proceedings in federal multidistrict Graphic Processing Units antitrust litigation
Represented investor in breach of contract, fraud, and violation of the Delaware Deceptive Trade Practices Act action
Insurance
Represented Ingram Micro Inc. in insurance coverage action concerning business interruption caused by damage to computer network and obtained precedent-setting ruling that loss of computer programming is physical damage
Arbitrated claim against fidelity insurer for refusal to pay benefits for employee theft
Represented client International Rectifier in claims against insurance company for coverage of losses resulting from hydrochloric acid spill
Obtained settlement for corporation in lawsuit against insurance company based on insurer’s wrongful refusal to pay benefits for employee theft, forgery and counterfeiting
Litigated and mediated favorable settlement for SanDisk Corporation in lawsuit against Zurich American Insurance Company based on Zurich’s wrongful refusal to cover damages to SanDisk’s fabrication facilities in Japan caused by an electrical brownout (United States District Court for the Northern District of California – San Jose Division, Case No. 5:12 cv06081LHK)
Merger & Acquisition Disputes
Prevailed in accounting arbitration of purchase price adjustment and related litigation arising from client’s $96 million acquisition of target company
Obtained directed verdict after federal court trial for client DBI Distributing in case concerning issues of first impression of the transfer of beer distributorship rights under California’s Brand Transfer Law, Business & Professions Code section 25000.2
Represented Rehrig Pacific Company in defense of a multi-million dollar claim for the payment of an earn-out set forth in an asset purchase agreement concerning the sale of a dairy pallet business
Litigated and favorably settled client’s claims of breach non-compete agreement, and defended opposing party’s claim of breach of earn-out provision, in $15 million asset purchase agreement
Represented a multi-billion dollar private equity company in a complex dispute regarding the acquisition of three telecommunications businesses previously owned by Staples, Inc. involving a purchase-price adjustment arbitration and a separate breach of contract lawsuit
Representation of a private equity company in a purchase price adjustment arbitration and breach of contract case involving the acquisition of a wood blinds manufacturing business
Advised client with interpretation and application of accounting procedures in $4 million asset purchase agreement earn-out provisions; arbitrated and beneficially resolved claims