- Represented telecommunications and software company involving alleged aftermarkets for service, software patches and upgrades, including as lead trial counsel in seven month jury trial resulting in favorable verdict on six of eight antitrust claims, followed by precedential appellate reversal on remaining claims.
- Represented universally recognized guitar and amplifier manufacturer in connection with governmental and follow-on hub-and-spoke conspiracy allegations, resulting in dismissal of all claims and precedential affirmance by appellate court.
- Represented country’s largest self-move truck rental organization in multi-district alleged price-fixing cases, obtaining dismissal in the Southern District of Florida and affirmance of that dismissal in the United States Court of Appeals for the Eleventh Circuit.
- Represented luxury automobile manufacturer in defense of class action alleging price-fixing by the manufacturer with its dealers.
- Represented Fortune 100 corporation in connection with an investigation conducted by the Antitrust Division of the United States Department of Justice and a federal grand jury. Following grand jury testimony and meetings with prosecutors, the department opted not to seek any indictments.
- In federal district court, federal appellate court and private arbitration proceedings, represented leading domestic flat glass manufacturer in antitrust action against leading worldwide flat glass manufacturer alleging various forms of monopolization and unreasonable restraints of trade in markets for float process technology and flat glass. Case settled based on $50 million payment to client prior to trial.
- Obtained summary judgment in multi-line insurer’s favor in antitrust conspiracy case involving automotive replacement glass.
- Obtained summary judgment in favor of professional association in antitrust action involving sale of employee benefit plans.
- Succeeded in having $180 million antitrust suit against Japanese telecommunications equipment manufacturer dismissed and referred to arbitration. Also succeeded in arguing to a joint committee of the American Arbitration Association and the Japan Commercial Arbitration Association that proceedings should be conducted in Tokyo.
- After Ninth Circuit reinstatement of antitrust jury verdict based on tying violations in favor of semiconductor manufacturer, conducted permanent injunction and damages phases of matter leading to entry of a permanent injunction and a $52.5 million settlement in client’s favor.
Class Action Representations
- In a series of class and individual actions stemming from the largest hepatitis C outbreak in memory, eliminated many actions brought against managed care organizations based on legal grounds, including Medicare and ERISA preemption, reflected in several Nevada Supreme Court published opinions, and leading to resolution of the remainder of the individual actions.
- Successfully resolved class action against self-move truck rental organization by winning summary judgment based on inapplicability of DC Consumer Protection Procedures Act.
- Won dismissal and summary judgment in connection with state and federal class actions primarily based on California consumer protection statutes alleging mis-labeling of coconut water products sold by one of the country’s largest food and beverage companies.
- Defeated certification of a putative class of consumers in 39 states alleging deceptive conduct relating to imposition of fuel and environmental fees charged by waste-hauling entities.
- Successfully obtained summary judgment in favor of leading global bleach manufacturer in class action challenging product label disclosures.
- Represented multi-line insurer in series of class and related opt-out actions brought on behalf of policyholders asserting causes of action based on breach of contract, breach of the duty of good faith and fair dealing, fraud and violation of the Arizona Consumer Fraud Act. Cases resulted in judgment in favor of insurer, judgment against significant portions of a certified class, permission to appeal a certification order pursuant to Fed. R. Civ. P. 23(f) and several settlements prior to trial, including reversion to client of majority of one of two class settlement funds.
- Successfully represented underwriters in securities class action brought by holders of shares in a real estate investment trust that went public, then bankrupt, in less than a year.
- Obtained summary judgment in favor of multi-line insurer against putative class representative on res judicata grounds.
- Obtained dismissal in favor of cruise line in purported class action based on forum selection provision.
- Succeeded in dismissing challenge to use of non-original equipment manufacturer (non-OEM) parts in vehicle repair context on behalf of multi-line insurer, where plaintiffs asserted breach of contract, consumer fraud and related statutory claims.
Intellectual Property Representations
- Tried to verdict in federal court in North Carolina claims and counterclaims involving blood glucose meters and strips used by visually impaired patients with diabetes.
- As counsel for U.S. subsidiary of UK pharmaceutical manufacturer, successfully obtained summary judgment and attorneys’ fees award in client’s favor in trade secret misappropriation action at the conclusion of which plaintiff elected not to appeal the final judgment.
- Successfully prosecuted claim for trademark infringement and unfair competition in connection with novelty and gift items, including winning dismissal of defendant’s counterclaim on Noerr-Pennington grounds.
- Obtained ex parte temporary restraining order leading to permanent injunction and order transferring domain name to multi-line insurer based on defendant’s registration of client’s domain name in violation of Federal Trademark Dilution and Lanham Acts.
- Successfully defended and resolved before trial plaintiff’s claims for patent and trademark infringement relating to medical devices used in liposuction procedures.
- Obtained permanent injunction in favor of Canadian company engaged in the delivery of energy conservation services in service mark action against maker of product using similar name.
- Represented major industrial concern in trial of trade secret misappropriation and patent infringement action, which ended with multi-million dollar payment to client following presentation of client’s case in chief.
- As lead counsel for cable box manufacturer and cable service providers, prosecuted successful copyright and telecommunications action against promoters and distributors of infringing integrated circuits designed to allow users of satellite dishes to obtain scrambled programming free of charge.
- Trial counsel in patent infringement action brought by one truck rental firm against another involving in chassis storage space; successfully defeating application for preliminary injunction.
- Member of appeal team representing Apple Computer in landmark case that established copyrightability of operating system computer programs.
- In a complex commercial arbitration hearing, defeated claims of underpaying a seller in a large real estate transaction based on an earn-out provision; the arbitration panel rejected the opponent’s claims of $13 million in damages and awarded all fees and costs to the client.
- Lead trial counsel in CERCLA contribution action brought by parties that entered into an Administrative Consent Order. Successfully tried RCRA claim based on hazardous waste corrosivity characteristic.
- Assumed lead counsel role for large convenience store chain after adverse decision before bankruptcy appellate panel and argued successfully for reversal with respect to treatment of state lottery ticket sales under percentage rent lease provisions.
- Argued successfully for affirmance of judgment in favor of FDIC on lack of standing grounds with respect to attack on FDIC’s conduct by former shareholders of failed banking institution.
- Argued successfully for application of Arizona attorneys’ fees statute to proceedings in Bankruptcy Court.