OUTCOME: Client settled without having to pay anything.
Commercial bank sued client for breach of contract and failure to repay multi-million dollor commercial loans. After years of litigation and vigorous defense, client settled completely in its favor.
Employment and labor
Math v. Institute for Medical Education, Inc.
Jan 01, 2011
OUTCOME: Complete defense verdict for client
March 22, 2011 (San Jose, California) – Schein & Cai LLP announces a compete defense victory for its client, Institute for Medical Education, Inc. (“IMEâ€), in an employment litigation matter (Cas...e No. 1-09-CV1431146) presided by Hon. Judge Carrie A. Zepeda of Santa Clara County Superior Court.
IME was sued by its former executive employee for breach of contract in terms of profit sharing. IME filed a cross complaint against the employee for breach of contract, breach of fiduciary duty, breach of confidence, common law misappropriation and conversation. After years of contentious litigation and a multiple day bench trial, Judge Zepeda found the Plaintiff had failed to prove IME breached the employment agreement. On the other hand, Judge Zepeda found the employee to have breached the employment agreement by taking and retaining confidential information of IME for his own use to instigate the lawsuit. Judge Zepeda ordered the employee to return to IME compensation he received in additional to paying IME attorneys fees and costs it had incurred in the litigation.
Intellectual property
Moletech Global Hong Kong Ltd. v. Pojery Trading Co. and Pottery Trading USA
Sep 25, 2009
OUTCOME: Represented Defendants to Dismiss the Entire Case
On September 25, 2009, Schein & Cai LLP won a critical Motion to Dismiss Based on Forum Non Conveniens for its Taiwan based client in the United States District Court for the Northern District of Calif...ornia (Moletech Global Hong Kong Ltd. v. Pojery Trading Co. and Pottery Trading USA, Case No. 4:09-cv-0027-SBA). Based upon extensive briefing by Schein & Cai supported by law and fact, the Honorable Judge Saudra B. Armstrong issued an opinion, without court hearing, dismissing the lawsuit brought by the plaintiff, which was represented by a national law firm with over 900 attorneys, alleging, among others, breach of contract, trademark and copyright infringement and unfair competition by our client. This defense victory came after our firm successfully defeated a previous motion by the plaintiff to seek a Temporary Restraining Order and Preliminary Injunction against our client. This case exemplifies our attorneys’ in-depth knowledge of intellectual property law and business contract, as well as their excellent court advocacy skills.