commercial disputes

Representative Cases

  • Represented investment bank in bankruptcy proceedings involving derivatives disputes arising out of bankruptcy filing. Lead negotiator in more than 75 mediations involving billions of dollars.

  • Represented defendant pistol manufacturers in commercial suit filed in Nevada by weapon distributors alleging design and manufacturing defects and breach of contract involving the manufacture of pistols.

  • Represented aerial imaging company in Alabama state court involving claims of breach involving technology for geospatial mapping.

  • Represented developer of encryption technology in multi-jurisdiction dispute in California and Virginia involving claims of breach of contract and ownership of source code.

  • Represented national insurer in multi-party, multi-jurisdiction disputes involving business interruption coverage arising out of COVID-19 pandemic.

  • Represented beverage manufacturer in class action in Northern District of California alleging violation of California Consumer Legal Remedies Act, false advertising, and unfair business practices.

  • Represented candy manufacturer in class action in Northern District of California alleging violation of California Consumer Legal Remedies Act, false advertising, and unfair business practices.

  • Represented banks in Central District of California against claims seeking US$429m in damages for fraud and violations of California securities laws. Motion to dismiss for forum non conveniens granted.

  • Represented defendant Nobel Prize winner in Northern District of California in case alleging misappropriation of pioneering stem cell research. Anti-SLAPP motion to strike granted and attorneys & fees awarded. Judgment affirmed by Ninth Circuit. Certiorari denied by U.S. Supreme Court.

  • Represented medical device manufacturer plaintiff in contract dispute in Southern District of New York involving catheter technology.

  • Represented E-commerce company in Central District of California involving the right to suspend user accounts. Demurrer sustained without leave to amend affirmed on appeal.

  • Represented E-commerce company in Central District of California involving the termination of sellers’ accounts due to fraudulent activities.  Summary judgment granted.

  • Represented defendant in copyright, trademark, trade dress action in the Central District of California relating to luxury bridal jewelry. Matter voluntarily dismissed with prejudice after plaintiff’s applications for temporary restraining order and preliminary injunction denied.

  • Counsel for Japanese plaintiff in a shareholder derivative suit relating to the company’s minority stake in a joint venture to manufacture medical devices.

  • Counsel for debtor in adversary proceeding in U.S. Bankruptcy Court for the District of Delaware brought by FDIC as receiver of Plaintiff Bank seeking $160 million in damages.

  • Represented defendant manufacturer of trail mix in putative class action in Northern District of California alleging violation of California Consumer Legal Remedies Act, false advertising, and unfair business practices. Motion to dismiss granted without leave to amend striking nationwide class allegations.