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Commercial Litigation

Meyers Nave’s Commercial Litigation Practice Group represents state, national and international clients in a broad range of business disputes, regulatory compliance, and government enforcement matters throughout California and the United States. Our attorneys obtain a thorough understanding of each client’s business objectives and resolution goals for each matter, and then we develop litigation strategies for outcomes that match these key considerations. Our team has special expertise with mission-critical litigation – the large, complex, high-stakes litigation that impacts a client’s immediate business and long-term strategy.

We have handled cases in a variety of industries, including drug, cosmetic, apparel, food and beverage, retail, healthcare, technology, financial services, banking, life sciences, manufacturing, energy, media, construction, and real estate. We staff each matter with lawyers who are familiar with the specific claims and business matters at issue, and we work closely with each client to obtain the result that best aligns with corporate strategy goals – whether that is through motions to dismiss, summary judgment, early settlement, arbitration, indemnification by third parties, or taking a case through trial and verdict.

Areas of Experience:

Breach of Contract, Fraud, and Deceptive Trade Practices Claims

  • Obtained favorable settlement for higher education service provider in connection with alleged breach of contract claim venued in the Eastern District of Pennsylvania.
  • Achieved a highly favorable settlement following mediation on behalf of an international heavy industry manufacturer in a breach of contract dispute.
  • Defended four officers and directors in a state-court derivative and breach of contract action.
  • Assisted the claimant in an international arbitration involving the wrongful termination of auto dealership agreements.
  • Represented the claimant in a domestic arbitration relating to the wrongful termination of restaurant franchise agreements.
  • Defending a major ship-owning and ship-management company in an international arbitration relating to a contract for the transshipment of coal.
  • Obtained defense verdict at trial for an automotive chain against complaints of fraud and unfair business practices against customers. Also obtained dismissal of corresponding regulatory action.
  • Obtained favorable settlement on third day of trial on behalf a supermarket chain against a French restaurateur for breach of a service and supply contract concerning bread making and patisserie products.
  • For a national big-box retailer of software, consumer electronics, household appliances and computer hardware: (1) obtained a defense verdict after a two-month trial regarding allegations of antitrust violations and unfair business practices in the San Diego market, (2) obtained favorable settlements, seizures, and restitution orders for in high-profile cases arising out of the theft of over $120 million dollars through three years of multiparty litigation and (3) obtained favorable settlement at mediation in an action for breach of contract and unpaid commissions that the company brought against a cell phone provider.

Consumer Class Actions

  • Obtained dismissal with prejudice of class action claims relating to Google’s mobile subscription service AdWords.
  • Prevailed on appeal in the Seventh Circuit to uphold dismissal of a class action asserting violations of the Social Security Act and state consumer protection laws against DISH Network.
  • Defended a California bank in a consumer class action and fended off two copycat class actions alleging violations of California’s unfair competition laws relating to overdraft fee litigation.
  • Defeated class certification in a complex Telephone Consumer Protection Act (TCPA) class action in the District of Colorado.
  • Lead counsel for online ticketing and marketing company in defense and settlement of a nationwide class action asserting privacy claims arising from data breach.
  • Obtained favorable settlement for Singapore-based hotel industry client of purported class action asserting violations of California’s statute prohibiting the recording of conversations.
  • Secured voluntary dismissal of a putative class action against a television services provider in the Pacquiao-Mayweather MDL in the Central District of California.
  • Obtained dismissal of class action complaint with prejudice, and awarded sanctions against plaintiffs, in an action alleging unfair business practices toward vendors.

Consumer Products (Litigation, Regulatory, and Administrative Proceedings)

  • Defended a respirator manufacturer in numerous personal injury/product liability actions throughout California, including defending against claims of successor liability.
  • 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.
  • Successfully defended Lush Cosmetics by having the Superior Court sustain a demurrer without leave to amend with regard to Proposition 65, Consumer Legal Remedies Act, and Unfair Business Practice claims.
  • For a national big-box retailer of software, consumer electronics, household appliances and computer hardware, obtained dismissal with prejudice in a Prop 65 action concerning exposure to di(2- ethylhexyl)phthalate (DEHP).
  • Assisted a major manufacturer of lawn and pet care products in a nationwide product-liability class action.
  • Defended a pharmaceuticals manufacturer in two series of product-liability cases pending in several state jurisdictions.
  • Represent foreign companies in federal multi-district litigation relating to the manufacture and sale of allegedly defective drywall.
  • Represent a major chemical manufacturer in state-court asbestos litigation.
  • Defended a microelectronics company in a four month trial in San Jose, California, obtaining a unanimous defense verdict, subsequently recognized as a “Top Defense Verdict of the Year.”

Data Breach, Privacy and Cyber Security Matters

  • Lead counsel for on-line ticketing and marketing company in defense and settlement of a nationwide class action asserting privacy claims arising from data breach.
  • Obtained favorable settlement for Singapore based hotel industry client of purported class action asserting violations of California’s statute prohibiting the recording of conversations.

False Advertising, Labeling and Marketing Laws

  • Defended an international joint venture in a multi-million dollar false advertising action, from inception of the case through trial in the Southern District of New York.
  • Defense of publishing company against unfair competition and false advertising claims asserted by California District Attorneys relating to alleged negative option subscriptions.
  • Defend companies 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.

Governmental Investigations and Enforcement Actions

  • Defended national product distributor in defense of government enforcement action involving alleged violations of California’s false advertising law, and Sherman Food, Drug and Cosmetic Law.
  • Obtained favorable, non-litigation resolution for higher education technology company in connection with False Claims Act investigation by Department of Education and Department of Justice regarding financial federal aid payments.
  • Obtained favorable, non-litigation resolution for national retailer in federal False Claims Act investigation alleging overpayments of more than $100 million to public benefit program.
  • 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.
  • Represented satellite consortium in litigation against its former CEO for participating in a scheme to defraud the company and obtain $4.8 million in rigged construction and financing contracts.
  • Represented President and CEO of entertainment company in a criminal investigation and lawsuit arising from federal RICO and state conspiracy charges.
  • Defended co-founder of a real estate mortgage banking company in a federal investigation involving allegations of bank and loan fraud and false representations.
  • Obtained full acquittal after a six-week trial for former CFO of medical distribution company in connection with criminal securities fraud charges by U.S. DOJ, arising out of $9 billion stock market capitalization loss following earnings restatement.
  • 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.
  • Represent retailer and manufacturer of cosmetics and drugs concerning slack fill allegations by California District Attorneys.

Insurance Coverage

  • Represented internet hospitality businesses in connection with insurance coverage relating to data breach and negotiation of dispute with acquirer relating to data breach.
  • Counsel for numerous companies seeking to maximize insurance coverage for data breach and/or privacy events.
  • Obtained fully litigated arbitration verdict in excess of $16 million for a hospital in dispute with an excess reinsurer regarding coverage of more than 30+ medical malpractice claims, involved interpretation and application of occurence terms over multiple policies.
  • 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.

Internal Investigations

  • Represented large manufacturer and supplier of specialized materials for aircraft and aerospace in internal investigation involving compliance and disclosure obligations under the False Claims Act, the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS).
  • Represented private research university in internal investigation relating to ethical violations by one of its senior-level employees and related reporting obligations to federal government.

Trade Secret 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. The client is one of the world’s leading purveyors of high-value, collectible vintage and modern timepieces.
  • Represent marketer and manufacturer of lawn and garden and pet supplies in defense of trade secret misappropriation claims relating to product manufacturing process.
  • For a national big-box retailer of software, consumer electronics, household appliances and computer hardware: (1) obtained judgment permanently enjoining defendants from utilizing company’s trademarks and trade name, (2) obtained favorable settlement against operator of a website that criticized the company and utilized its name in commerce and (3) obtained TRO against employee for theft of customer list.