Representative Cases

  • Obtained arbitration award for damages, including award of attorney's fees, against paving contractor for general contractor client after paving contractor sued the general contractor for breach of contract.
  • Prosecuted numerous trademark applications through to registration with the United States Patent and Trademark Office and helped clients formulate worldwide trademark strategies.
  • Counseled music industry client concerning removal of a member of board of directors and negotiated settlement of related claims prior to commencement of litigation in a favorable manner for the corporation.
  • Obtained temporary restraining order and preliminary injunction against officer and director of corporate client restraining the officer from acting outside of his authority.
  • Successfully represented aerospace company's principal shareholders in settlement of dispute with potential acquirer.
  • Successfully negotiated resolution to intellectual property dispute between aerospace company and one of world's largest airplane parts suppliers.
  • Obtained judgment, including award of attorney's fees, after arbitration proceedings against contractor for breach of contract in construction of spec home.
  • Counseled publicly traded company concerning repurchase of company shares.
  • Negotiated purchase of commercial office property for IT company client.
  • Drafted custom license agreements for use by a publicly traded company in connection with software products developed by the company.
  • Represented internet retailer in negotiation of large distribution agreements with Gateway, Rio Audio, and many other manufacturers.
  • Acted as lead counsel for internet retailer in Florida consumer class action lawsuit involving retailer's shipping policies that resulted in coupon style settlement at minimal cost to the company.
  • Represented elderly couple in obtained six figure judgment after trial for fraud and breach of contract against individual holding himself out to be a contractor.
  • Represented corporation and several of its officers in sexual harassment and battery lawsuit brought by former employee that settled favorably for the corporation.
  • Obtained summary judgment against AIG for health care industry client in insurance coverage dispute.
  • Represented corporation in breach of contract lawsuit against software development company that resulted in a return of a large portion of the development fees without the necessity of a trial.
  • Obtained six figure settlement from national bank in breach of contract action in federal court for corporate financial services client.
  • Successfully defended client against consumer representative actions under involving staffing levels at health care facilities that resulted in favorable settlement.
  • Prosecuted breach of contract action and related claims on behalf of a corporation for defects in construction of a set to be used for television productions.
  • Negotiated major license agreements for a retailer with national wireless carriers that allowed it to offer wireless products and service plans on its Web site.
  • Acted as lead defense counsel for internet retailer in California consumer representative action involving false advertising claims.
  • Negotiated dismissal of Utah consumer class action against internet retailer after one month of litigation that resulted in no cost to the company.
  • Performed sweepstakes registrations and obtained necessary bonds in Florida, New York and Rhode Island for automobile giveaway by internet retailer. Drafted national rules for several sweepstakes giveaways.
  • Defended individual before the California Labor Commission that resulted in dismissal of wage claim against her.
  • Represented individual in connection with a Sheriff's levy of large personal bank account that resulted in lifting of levy at minimal cost to client.
  • Successfully dissolved permanent injunction issued against an individual client after bench trial.

Representative Matters as In-House Counsel for Buy.com Inc.

  • Founded Buy.com in-house legal department in late 1998.
  • Managed all company litigation.
  • Assisted with successful IPO in February 2000.
  • Responsibilities included:
    • Direct oversight of all legal affairs for IT, Operations, Product Management, Marketing, and Customer Service departments
    • Analysis of potential company transactions and advising management of potential legal and business ramifications
    • Negotiation and management of nearly all company transactions with distributors, consultants, service providers and other business partners
    • Worldwide IP strategy and protection
  • Work and activities included:
    • Managed Buy.com's response to major pricing error that received national press coverage with potential company exposure of over $5 million. Advised management on PR strategy. Supervised related class action litigation to a favorable settlement resulting in nominal expense to the company.
    • Negotiated several multi-million dollar services and software license agreements with major software companies including Microsoft, E.piphany, and others.
    • Directed regulatory compliance efforts for extensive Buy.com web site (over one million pages) that generated over $700 million in sales during 2000.
    • Created international trademark strategy and managed portfolio of over 160 marks filed in the U.S., Europe, Japan and Australia.
    • Managed antitrust litigation brought against Buy.com by a national music store chain to favorable settlement without requiring any change to company practices.
    • Oversaw business method patent application for division of Buy.com.
    • Prepared company demands to several copyright infringers that resulted in removal of offending materials from infringers' web sites.
    • Negotiated large distribution contracts with some of the world's premier product distributors including Ingram Micro, Tech Data, Baker & Taylor, Ingram Entertainment and others.
    • Negotiated authorization agreements with Sony, Hewlett Packard, IBM and others.
    • Led company responses to FTC and New York Attorney General inquiries into certain Buy.com advertising. Reached a favorable conclusion to both inquiries resulting in no penalties to the company.
    • Managed three major privacy related class action cases brought by the Milberg Weiss firm along with 16 other firms. Assisted in negotiation of global settlement resolving the litigation favorably for Buy.com. Oversaw drafting of extensive privacy policy and created privacy guidelines for company employees.
    • Responsible for maintaining portfolio of over 2,000 company owned domain names.
    • Drafted form marketing agreements for use by Buy.com marketing department that sold over $12 million worth of advertising in 2000.

Representative Matters with Rutan & Tucker

  • Handled all aspects of business litigation cases through trial.
  • Represented and advised a broad range of clients in business and litigation matters including Buy.com Inc., Bridgestone Firestone, First American Title Insurance Co., City of West Covina, and many others.
  • Acted as lead counsel for Bridgestone Firestone in fraud and negligence case involving automobile repair work. Case was dismissed on first day of trial.
  • Prosecuted arbitration for construction company involving breach of contract by the developer.
  • Assisted in representation of City of West Covina in inverse condemnation action involving storm drain flooding.
  • Negotiated favorable settlement of insurance claim for homeowner whose home was vandalized by a family member.
  • Assisted in representation of Fidelity National Title Insurance Company in multi-million dollar title insurance claim involving hundreds of acres in northern California.
  • Assisted in federal court jury trial in defense of RICO and fraud action brought by IBM against computer company.

Published Appellate Opinions

  • Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116
  • Garlock Sealing Technologies, LLC, v. NAK Sealing Technologies Corp. (2007) 148 Cal.App.4th 937
  • Jet Source Charter, Inc. v. Doherty (2007) 148 Cal.App.4th 1
  • Bennett v. Smith Heavy Industrial Transit Corporation (2008) 163 Cal.App.4th 1303
  • Morris v. Redwood Empire Bancorp (2005) 128 Cal.App.4th 1305
  • Roehl v. Ritchie (2007) 147 Cal.App.4th 338
  • California Dept. of Toxic Substances v. Commercial Realty (9th Cir. 2002) 309 F.3d 1113
  • Northville Indus. Corp. v. National Union Fire Ins. Co. (1997) 89 N.Y.2d 621
  • Cedarhurst v. Hanover Ins. Co. (1996) 89 N.Y.2d 293
  • Harrison v. National Union Fire Ins. Co. (1996) 89 N.Y.2d 308
  • Domtar, Inc. v. Niagara Fire Ins. Co. (Minn. Ct. App. 1996) 552 N.W.2d 738
  • Sagendorf v. Selective Ins. Co. (N.J. App. Div. 1996) 679 A.2d 709