Class Action and Commercial Litigation

• Obtained a Temporary Restraining Order that will protect a company’s trade secrets and greatly reduce unfair competition from a business that two employees set up with stolen confidential information.
• Represent leading marketer and manufacturer of lawn, garden and pet supplies in defense of trade secret misappropriation claims relating to product manufacturing process.
• Lead counsel for online ticketing and marketing company in defense and settlement of a nationwide class action asserting privacy claims arising from a data breach.
• Obtained favorable settlement for higher education service provider in breach of contract and business torts action brought by its former partner venued in the Eastern District of Pennsylvania.
• Obtained favorable settlement for Singapore-based hotel industry client of purported class action asserting violations of California’s statute prohibiting the recording of conversations.
• Obtained dismissal with prejudice of class action claims relating to Google’s mobile subscription service AdWords.
• Represented Japanese corporation in seven-day bench trial before the International Trade Commission in Section 337 Investigation involving issues of patent infringement and validity relating to biogenetic manufacturing process.
• Obtained favorable jury verdict in an employment age discrimination and breach of contract case tried before federal court jury in Northern District of California.

Internal and Governmental Investigations

• Represent retailer and manufacturer of cosmetics and drugs concerning slack fill allegations by California District Attorneys.
• Defend clients in District Attorney and Attorney General investigations alleging false or misleading labeling or advertising of cosmetics, over-the-counter drugs, dietary supplements, and homeopathic products.
• Obtained favorable, non-litigation resolution for higher education technology company in connection with False Claims Act investigation by the Department of Education and the Department of Justice regarding financial federal aid payments and recruitment strategies utilized by the company. Extensive internal investigation included interviews of dozens of current and former employees. After presentations and negotiations, the DOE/DOJ declined to intervene and the qui tam relator actions were dismissed without further prosecution.
• Obtained favorable, non-litigation resolution for national retailer in federal False Claims Act investigation initiated by the U.S. Department of Justice and the U.S. Department of Agriculture alleging overpayments of more than $100 million made by a public benefit program to a public corporation. California-focused internal investigation involved interviews of hundreds of employees at more than 30 corporate sites. After presentations and mediation, the DOJ elected not to intervene and accepted the remedial steps undertaken by the company.
• Represent an executive of a medical device corporation in connection with mislabeling claims.
• Defense of publishing company against unfair competition and false advertising claims asserted by California District Attorneys relating to alleged negative option subscriptions.
• Represented former President of Countrywide Financial Corporation in connection with investigations by and litigation with the California Attorney General and the SEC, and related class actions.
• Obtained full acquittal after a six-week trial for former CFO of medical distribution company in connection with criminal securities fraud charges by the U.S. Department of Justice, arising out of $9 billion market cap loss following earnings restatement.

Insurance Coverage Disputes

• Obtained coverage on behalf of an online event ticketing company seeking coverage for class action and other claims arising from a data breach event.  The dispute involved novel interpretations of a general liability policy and the insurer filed a declaratory judgment action disputing coverage. Ultimately, the case was resolved via a negotiated resolution and was one of the few cases involving contribution by a general liability policy to data breach coverage.
• Represented internet hospitality industry client in connection with insurance coverage relating to data breach and negotiation of dispute with acquirer relating to data breach.
• Obtained fully litigated arbitration verdict in excess of $16 million on behalf of a hospital system in dispute with an excess reinsurer regarding coverage of more than 30 medical malpractice claims. The case involved interpretation and application of occurrence terms over multiple policies.