San Francisco, CA
Litigation Lawyer at San Francisco, CA
Practice Areas: Litigation, Trademark Infringement, Internet
OUTCOME: Awarded writ of possession in commercial equipment rental dispute, resulting in favorable settlement
In a commercial equipment rental dispute, the trial court granted the plaintiff preliminary relief in the form of a writ of possession. The order required the defendants to turn over all the equipment ... at issue. The case settled shortly thereafter.
OUTCOME: Ordered unfair competition defendants to pay $500,000+ in attorneys’ fees/ costs
The trial court ordered the defendants in an unfair competition and defamation action to pay the plaintiff executive and company more than $500,000 in attorneys’ fees and costs. The award was the larg ... est ever in a Nevada defamation-related action.
OUTCOME: Granted temporary restraining order requiring takedown of confidential documents
The trial court granted a temporary restraining order requiring Google to take down documents containing the confidential financial and employment data of the plaintiff international bank. The data ha ... d been stolen by unknown employees. The court also granted the plaintiff bank’s motion for emergency discovery, which, along with a forensic investigation, led to the identity of the responsible employees.
OUTCOME: Affirmed denial of injunction to prohibit auction of seized domain names
The Ninth Circuit upheld the trial court’s denial of an injunction that would have prohibited the auction of a portfolio of domain names seized and sold in satisfaction of an outstanding judgment.
OUTCOME: Affirmed dismissal of $400 million email marketing fraud action
The Ninth Circuit affirmed the trial court’s dismissal of a $400 million email marketing fraud complaint on the basis that the plaintiff failed to plead its claims with adequate specificity. The appea ... l resolved issues concerning the federal pleading standard applicable to state email marketing fraud claims and the statute of limitations appropriate to certain damages claims under California’s email marketing fraud statute.
OUTCOME: Awarded sanctions of more than $800,000 in attorneys’ fees and costs
The trial court granted a defendant’s motion for more than $800,000 in attorneys’ fees and costs as a sanction against the plaintiff in a wrongfully-brought CAN-SPAM case. The defendant, an Internet-b ... ased performance marketing agency, won the case on summary judgment, as affirmed by the Ninth Circuit.
OUTCOME: Dismissed email marketing fraud claims against Internet marketer
The trial court dismissed state email marketing fraud claims on the basis that they were preempted by the federal CAN-SPAM Act. The decision also resolved issues concerning federal supplemental jurisd ... iction over pendant state law claims.
OUTCOME: On reconsideration, denied motion to dismiss email marketing fraud class action
On motion for reconsideration, the trial court reversed its earlier decision dismissing a purported class action alleging large-scale email marketing fraud. The opinion decided issues concerning the s ... cope of federal CAN-SPAM preemption of state email marketing fraud claims.
OUTCOME: Affirmed judgment creditor’s seizure/sale of domain name portfolio
The Ninth Circuit upheld the trial court’s exercise of quasi in rem jurisdiction over a judgment debtor’s portfolio of domain names, resulting in the seizure and sale of those domain names at auction. ... The precedent-setting appeal, published at 596 F.3d 696 (9th Cir. 2010), resolved issues concerning the nature of domain names as property, quasi in rem jurisdiction over intangible assets, and the use of receiverships.
OUTCOME: Affirmed summary judgment for defendant in $14 million CAN-SPAM case
The Ninth Circuit affirmed the trial court’s grant of summary judgment in favor of an Internet-based performance marketing agency on the basis that plaintiff lacked standing under CAN-SPAM. The appeal ... also resolved issues concerning the scope of liability under California’s email marketing fraud statute.
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