Practice
Areas

Commercial Litigation

Practice
Areas

Commercial Litigation

We represent plaintiffs and defendants in a broad array of commercial disputes, in federal and state courts and in arbitration or mediation.

Our lawyers often intervene before litigation arises, helping clients avoid legal action. When litigation is necessary, however, our opponents know they face a winning and fearless team. We have tried over 400 cases to jury verdict, and earned a national reputation as skillful advocates. Our clients include domestic and international corporations with businesses in technology, manufacturing, retail, securities, real estate, toys, entertainment and securities ratings. We also represent high-profile individual clients.

REPRESENTATIVE MATTERS
  • Representing the trustees of the Marie Callender restaurant fortune in a centi-million-dollar challenge by an heir to the estate of Don Callender.
  • Represented MGA Entertainment in a trademark and intellectual property jury trial involving its highest grossing doll line. MGA’s LOL dolls gross over $5 billion dollars annually and is MGA’s most popular product. MGA sued OMG GIRLZ for declaratory relief and a finding that it is not infringing on OMG’s mark. OMG filed a counter-claim against MGA and its founder for $100 million alleging violation of the Lanham Act. The jury returned a complete verdict in favor of MGA in less than two hours. Named by the Daily Journal as one of the Top Verdicts of 2023.
  • Represented the two founding physicians of Guardant Health Inc. in a lawsuit filed by Illumina, a genomics sequencing company in Delaware Federal Court. Illumina’s lawsuit alleges that our clients stole priceless trade secrets from Illumina and obtained 35 patents for Guardant’s targeted cancer treatment.
  • Representing individual directors, officers, and owners of Sun Mar, a collection of very large skilled nursing facilities with many locations in Southern California, against claims brought by a partial owner of Sun Mar who alleges, without merit, that he has been cheated out of financial entitlements.
  • Representing David and Amy Bahm, the parents of murder victim Jonathan Bahm, in a wrongful death and failure to warn case against the defendant’s employer and apartment building. Our clients’ son was the roommate of the defendant’s target. The defendant intended to and did murder our clients’ son’s roommate but also killed our clients’ son only because he was in the apartment. In order to hold the employer liable, we will need to set new precedent by expanding the scope for the legal definition of foreseeability.
  • Representing Guardant Health Inc. as plaintiff against Natera, Inc. in a false light, and intellectual property case. Guardant commercially launched Reveal in February 2021.  Reveal provides cancer results without a tumor sample, making it simpler, faster, and available to patients who don’t have tumor tissue.  Natera’s similar cancer detection test is inferior including its tissue dependent. Because of the threat Reveal posed, Natera spread false information about Reveal.  We are seeking $100 million in damages.
  • Defending Michal Jackson’s estate and production company, MJJ Productions Inc., against two plaintiffs.  The plaintiffs allege that Michael sexually abused them when they were minors and are seeking over $100 million in damages.
  • Representing a business owner in an ownership dispute involving a $100 million import/export business.
  • Represented a co-founder of a company that sells designer women’s plus size clothing, in her lawsuit alleging tortious interference against the Silicon Valley investor that forced her out.  A favorable settlement was reached for our client.
  • Defended Fortune 100 wireless provider regarding violations of the TCPA and Nevada statutory and common law brought by an account holder who received 300+ text messages over a period of years, even though the customer sought to unsubscribe.
  • Defended Fortune 100 wireless provider against a class action lawsuit alleging that the client violated California statutory and common law in connection with its hardware warranty program.
  • Representing a national “AmLaw 100” law firm on claims asserted in California Superior Court involving the administration of a multi-billion dollar estate.
  • Won jury award and attorneys’ fees of $309 million in a massive copyright infringement and trade secret misappropriation case for MGA Entertainment against Mattel in the epic battle popularly dubbed “Barbie v. Bratz.” Given 2012 CLAY Award (California Lawyers of the Year) in Intellectual Property for the victory.
  • Won jury award of $300 million in compensatory and $50 million in punitive damages after five-month business fraud jury trial in Los Angeles.
  • Successfully represented CashCall Inc. in legal malpractice lawsuit brought against Katten Muchin. Damages exceeded $850 million. A confidential settlement was reached on eve of trial.
  • Represented real estate developer through 8-month jury trial on felony charges he used campaign contributions as a bribe to secure a $100 million settlement with the County of San Bernardino in an alleged pay-to-play corruption scheme. He was acquitted in less than three hours. Given 2019 CLAY Award in White Collar Defense.
  • Defense jury verdict in Los Angeles for MassMutual Life Insurance Co. in $100 million bellwether class action lawsuit. Case was named a 2018 Top Verdict by CVN and the Los Angeles and San Francisco Daily Journals.
  • Defense jury verdict in 2018 for the City of Costa Mesa in a landmark zoning lawsuit brought by sober living home operators and network; this led to another CLAY Award, this time in municipal law.
  • Represented plaintiff in $100 million bad faith insurance litigation in United District Court; confidential settlement in favor of client.
  • Won two court trials against billionaire bond king Bill Gross, securing a restraining order in the first trial for harassing his neighbor by blasting loops of the theme song from Gilligan’s Island, and later convicting Mr. Gross of contempt for defying court orders. Mr. Gross was sentenced to jail after the conviction.
  • Successfully represented tech billionaire Henry Nicholas (Broadcom co-founder) in tax case against the United States, which had disallowed his deductions for distressed Chinese debt. Eve of trial settlement allowed an approximately $40 million deduction. This was the first time such a deduction has been permitted by the Government.
  • Obtained favorable settlement for plaintiff client suing Fortune 100 insurance company for breach of the implied covenant of good faith and fair dealing.
  • Represented a real estate owner and operator in a billion-dollar breach of contract and partnership dispute.
  • Won jury award of over $6 million in a breach of contract, fraud, and conversion trial.
  • Won jury award of $3.5 million for client in legal malpractice and elder abuse lawsuit.
  • Defense jury verdict for a university in a multi-million dollar, six-month fraud and misrepresentation trial; plaintiffs were students in its inaugural law school class. The jury awarded zero damages.
  • Successfully defended, through jury verdict, a lawyer charged with engineering the largest insurance fraud case in the history of California; a massive RICO prosecution over an alleged $200 million dollars’ worth of over-billing insurance carriers for legal fees.
  • Successfully represented Little Tykes toy company in trademark infringement case in United States District Court; confidential settlement in favor of client.
  • Defense jury verdict for law firm client in “whistleblower” lawsuit by former head of its billing department who alleged fraudulent billings.
  • Represented a real estate developer in a $100 million partnership dispute; confidential settlement in favor of client.
  • Represented several family members in a $250 million partnership dispute; confidential settlement in favor of client.
  • Representing Jazz, a wafer foundry that is a wholly owned United States subsidiary of Israel-based Tower Semiconductor (Intel) as defendant and cross-complainant in a lawsuit against its real estate developer, landlord.  Wanting to build luxury condos, the developer sued to evict Jazz nine years before its lease was to end.  Jazz filed a cross-complaint for fraud and breach of the covenant of good faith and fair dealing. Damages are approximately $500 million.  The case is set for trial in December 2023.
  • Defended prominent Los Angeles physician on multi-million dollar white-collar case brought by the Orange County District Attorney. Representation lasted 16 years and resulted in a no-jail-time plea for client.
  • Represented three insurers from the AIG family of insurance companies, one of the world’s largest and most respected insurance groups, in defending against claims for bad faith and breach of contract brought by Victaulic Company of America in California Superior Court. The case was tried once before by different counsel, resulting in a $70 million verdict and three contempt actions against AIG. The California Court of Appeal vacated that decision in its entirety and remanded the matter for retrial. AIG retained us for the retrial. After five years and extensive discovery, we were able find evidence that Victualic’s valves were defective and the cause of the damage. We also discovered that Victualic knew about the defective valves before it applied for policies with AIG and before it made the claims at issue. As a result, the case settled for nuisance value.
  • Obtained emergency restraining order in federal court, preventing the state and federal governments from using a rundown building the state had declared unfit for human habitation as a coronavirus treatment facility.