Representative Matters
Entertainment and Sports Industry Cases
Represented Hollywood film production, finance, distribution and sales company Aldamisa Entertainment in various litigation matters.
Represented leading sports apparel company Nike in trade secret misappropriation litigation in Oregon state court against high-profile competitor. Secured a confidential settlement for client after winning a TRO and a preliminary injunction against former employees.
Part of defense team that won summary judgment on behalf of Nike Golf related to an endorsement contract with world ranked top 5 professional golfer. The decision was handed down by the Honorable James V. Selna in the Central District of California.
Represented surf sports apparel company Rip Curl in O.C. Superior Court case filed by surfer-plaintiffs related to the sinking of a surfing expedition vessel in the Indian Ocean. Secured complete dismissal with prejudice of all claims.
Represented iconic rock bands and performers the Grateful Dead, Carlos Santana, Led Zeppelin, The Doors, and the Janis Joplin estate, and record companies, in a case asserting copyright infringement, trademark infringement and violation of rights of publicity related to online streaming of secret recordings of live concerts in the 60s and 70s.
Represented television and motion picture actress Melissa Joan Hart in defense of claims for breach of alleged oral management contract seeking future commission payments related to hit television series Melissa & Joey in Los Angeles Superior Court.
Tried case before AAA arbitrator for golf manufacturer, the holder/licensor of patent, in multi-day arbitration proceeding. Arbitrator found client’s termination of exclusive license to be valid and found client to be prevailing party.
Commercial, Intellectual Property and Class Actions
Represented CoreLogic in a contract, copyright and trademark action that CoreLogic brought and that is now pending in the Central District (Santa Ana), against a counterparty to collect fees owed under a master services agreement and to pursue successor liability claims against the successor entity.
Defended BioNutritional Research Group in a trademark infringement action in the Central District (Riverside) that resulted in a favorable settlement.
Tried direct and derivative breach of fiduciary duty action in two phases before the Honorable Ronald Bauer in O.C. Superior Court on behalf of defendants and cross-complainants, who were also majority shareholder officers and directors. Plaintiffs’ claims sought upwards of $45 million in equity value. Court ordered reformation on clients’ cross-claims in Phase 1, and following a seven-day Phase 2 bench trial on the fiduciary duty claims in late 2017, the Court rejected all of Plaintiffs’ direct and derivative causes of action and entered judgment in defendants’ favor on every issue. On cross-appeals, the Court of Appeal affirmed the trial court’s ruling below on the merits, and reversed the trial court’s ruling denying defendants’ prevailing party attorneys’ fees.
Defended healthcare delivery system and its affiliated hospitals in coordinated class actions filed, and now settled, in O.C. Superior Court, Civil Complex, the Honorable Kim Dunning, presiding, asserting violations of the Confidentiality of Medical Information Act and Consumer Records Act, as well as other state law claims, arising from alleged disclosure of Personal Health Information affecting 31,800 patients.
Represented healthcare system in a separate data breach putative class action in Sonoma County involving over 30,000 patients. Court sustained demurrer to entire complaint without leave to amend.
Part of defense team that obtained dismissal on behalf of mobile advertising and analytics networks in nationwide class action alleging that defendants collected and disclosed data and personal information from mobile devices without users’ knowledge and consent, on grounds that plaintiffs lacked Article III standing and failed to state a viable claim.
Defended pharmaceutical company in state court securities fraud litigation brought, and eventually dismissed, by a former shareholder.
Represented hospital and health system in defending putative class action alleging duty to warn patients of the potential for independent contractor physicians to engage in practice of balance billing.
Part of defense team that represented mega-energy company and officers in multiple federal securities class actions in Tulsa, Oklahoma seeking upwards of $1 billion in damages. This case ended in a favorable settlement.
Tried federal common law securities fraud case for plaintiff before a jury and the Honorable Alicemarie Stotler in the Central District of California. Jury returned special verdict finding fraud and awarding damages and punitive damages in plaintiff’s favor.
Opioids Litigation
Jeff served as lead counsel for over 30 counties and cities in Arizona, Missouri, Kansas and Maryland who are suing the opioid manufacturers, pharmacists and distributors for harms that these local governments have suffered due to the opioid epidemic.
Other Complex Business Litigation
Represented petroleum company in $11 million dispute with former counsel. Tried nine-day JAMS arbitration final hearing before Arbitrator Richard Chernick that resulted in a Final Award denying all of Claimant’s claims in their entirety, awarding nothing, and declaring client to be the prevailing party. Awarded over $5.3 million in prevailing party attorneys’ fees. O.C. Superior Court Judge Nathan Scott granted client’s Petition to Confirm Arbitration Award and added additional prevailing party attorneys’ fees in client’s favor to the final judgment. The award was upheld on appeal.
Tried civil contempt case to verdict against former CEO of pharmaceutical company client in Superior Court in San Diego. Court found former CEO guilty on all 58 counts of contempt that were charged. Court imposed the maximum permissible fine under the California statute imposed, and issued an order finding that all attorneys’ fees incurred by the company in prosecuting the action were reasonable and requiring the former CEO to pay those fees. The case was the subject of the book, An America I Never Knew.
Represented publicly traded defendant corporation in New York Supreme Court defending allegations of breach brought by former investment banker to the company. The Court granted client’s motion to dismiss in its entirety without leave to amend.
Represented plaintiff pharmaceutical company in District Court litigation in San Diego alleging breach of defendant’s obligation to provide a proper Phase 2b clinical trial. Court denied Motion to Dismiss, and matter settled before trial.
Represented Microsemi Corporation in $1.6 billion qui tam action filed in District Court in Arizona. Court granted client’s motion to dismiss. Relator appealed to the 9th Circuit Court of Appeal, which heard oral argument and affirmed. Petition for certiorari was denied by the U.S. Supreme Court.
Represented computer data storage company in O.C. Superior Court action filed to recover upwards of $18 million worth of hard drives being held by defendant company that had ceased operations. Obtained emergency writ of possession on an ex parte basis and the property was recovered within days.
Defended engineering and construction firm in litigation initiated by subcontractor arising out of U.S. war effort in Afghanistan. Subcontractor sought upwards of $15 million. In a matter the court recognized as presenting questions of first impression, the Honorable Stephen V. Wilson (Central District of California) granted summary judgment in client’s favor.
Represented international toy company in state court litigation filed by former executive, and in JAMS arbitration in Orange County. The matter was settled confidentially.
Defended medical device manufacturer in tort and contract action filed in Los Angeles County Superior Court seeking more than $25 million in damages. Demurrer sustained without leave to amend as to all eight causes of action and complaint dismissed. Argued appeal in the Second Appellate District where a unanimous panel affirmed the trial court’s decision and concluded that the trial court properly sustained client’s demurrer without leave to amend.
Defended O.C. hospital in case seeking millions of dollars in damages involving whistleblower allegations under California statutes, and allegations of wrongful termination, intentional torts and breach of contract. Following mediation, Plaintiff dismissed the complaint for no consideration.
Defended hospital health system client against claims from tenant seeking to enjoin construction of new multimillion-dollar medical tower in South Orange County designed to house state-of-the-art linear accelerator, and bringing counter-claims for breaches of lease. Represented commercial landlord in post-trial litigation against tenant seeking lease rescission.
Tried case before AAA arbitrator in Minnesota for entertainment company against entities controlling world famous Mall of America in Minnesota. Arbitrator ruled in client’s favor, declared it to be the prevailing party and awarded client a multimillion-dollar termination fee, plus attorneys’ fees and costs. Argued appeal to the Minnesota Court of Appeal, which upheld the arbitrator’s award in full.
Successfully defended the victory before the Minnesota Supreme Court.
Part of successful effort to dismiss a highly publicized lawsuit filed by well-known activist Erin Brockovich against hospital system alleging that they had over-billed Medicare. Central District Judge David Carter granted client’s motion to dismiss.
Tried case before arbitrator for insurance company in $30 million AAA arbitration proceeding in New York arising out of disputed put/call provision in contract regarding sale of investment management company. Prevailed outright in Phase I of the arbitration, and the matter settled before Phase II was tried.