OUTCOME: Founders won both times and also won on wrongful malicious prosecution claim
investors sued founders of technology business twice and lost both times, so founders sued plaintiffs and their attorney for malicious prosecution
Employment and labor
Fischler v. Bishop
Oct 14, 2013
OUTCOME: Jury verdict for compensator and punitive damages and very public vindication of teachers innocence.
Defamation, interference with employment and wrongful termination of school athletic director and teacher after absolved by police and school's private investigator
Contracts and agreements
United Brands v. Mosa Industrial
Aug 06, 2012
OUTCOME: Bench trial for defense avoiding $10 Million in damages, recovery of $922,000 on client's counterclaim and award of costs and legal fees.
Defense of manufacturer in suit by local distributor claiming client interfered with exclusive sales distribution contract seeking millions of damages, counterclaim for invoices due.
Trusts
Wisecarver Trust
Nov 05, 2010
OUTCOME: Settled for $1.5 Million
Beneficiaries sued trustee of trust for theft of trust assets and mismanagement
Trademark infringement
Nissan Motor Co., Ltd v. Nissan Computer Corp.
Mar 11, 2008
OUTCOME: Mixed. See Description
Cybersquatting, trademark infringement and trademark dilution. Client prevailed on cybersquatting and trademark infringment arising out of client's use of www.nissan.com
Securities offerings
Calif. Commissioner of Corporations v. Brown, Before the Department of Corporations (2005) (Securities)
Apr 11, 2006
OUTCOME: California Dept. of Corporations ruled for Client
Client alleged to have offered to sell and sold unregistered securities (company stock) without complying with securities regulations.
Computer fraud
Teleflora v. Florists Transworld Delivery, Inc., 2004 Westlaw 2271602, 1844848 Central District of California No. CV03-5858)
Jun 25, 2004
OUTCOME: Settled Favorably
Alleged Computer Hacking, Trade Secret Misappropriation; Interference with Contracts and Unfair Competition after Defendant FTD hired a former employee of Plaintiff who gave assistance to Plaintiff's c...ustomers who wanted to switch to Defendant's computer network. FTD and Teleflora operate competing networks for ordering flowers by wire, a service which allows a customer to order and pay for flowers at one shop and have them delivered by another shop that belongs to the same network. Teleflora filed suit alleging copyright infringement, violation of the federal Computer Fraud and Abuse Act, and misappropriation of trade secrets, tortious interference with contract, and unfair competition, all under California law. Teleflora sought a preliminary injunction based on the copyright and trade secrets claims. The U. S. District Court for the Northern District of California said Teleflora is not entitled to an injunction based on trade secret misappropriation. Further the preliminary injunction with respect to FTD's use of the WSI program was denied, as the court found little threat of irreparable harm to Teleflora.
Intellectual property
Exatron ATE v. DiFrancesco
N/A
OUTCOME: Arbitration in client's favor
Contract interpretation dispute over exclusivity in patent and trademark license. Inventor claimed had right to compute under an exclusive license. Exclusive licensee (client) prevailed with legal fe...es.
Franchising
Round Table v. Alyala (Coast Pizza Enterprises)
N/A
OUTCOME: Settlement in client's favor
Franchise termination and alleged trademark infringement after termination. Insurance coverage dispute.
Trusts
Hessel v. Bourdeau, San Mateo County No. 109589
N/A
OUTCOME: Judgment in Client's favor
Two beneficiaries under trusts sought compensatory and punitive damages, removal of trustees (CPA and Attorney). Defendant CPA prevailed but beneficiary obtained judgment for compensatory and punitive... damages, removal of trustee and attorneys fees against attorney trustee for favoring interests of trustor over beneficiary.