EXPERIENCE

REPRESENTATIVE TRIAL AND ARBITRATION EXPERIENCE

• Time Traveller, Inc. v. Matrix IT Medical Tracking Systems, Inc. (2021, ADR Services): Defended medical technology company in arbitration brought by broker alleging claims for payment related to equity raising services performed pursuant to contract. After a three-day arbitration, the Arbitrator found for client and against claimant, and subsequently awarding client all fees and costs incurred.

• Baalbergen et al v. Nortek Home Control Holdings, LLC (2020, JAMS Arbitration): Defended acquiror in dispute brought by sellers under a share purchase agreement. After a one-week fully-remote arbitration, Arbitrator found for client on all claims and awarded client all fees and costs incurred in the matter.

• HTI Enterprises, LLC v. Zenviro Solutions, Inc. (2019, JAMS Arbitration):  Represented Seller in arbitration brought by Buyer alleging eleven causes of action seeking rescission or damages arising out of the Asset Purchase Agreement between the parties.  Arbitrator found for Seller on all claims and awarded Seller all fees and costs incurred.

• Lopez v. Luquin et al. (2019, San Diego Superior Court) (Breach of Fiduciary Duty, Breach of Contract, Fraud, Conversion):  Defended family-owned business against claims of silent ownership and damages in excess of $3 million.  After a two week bench trial, the Court found for Defendants on all material issues and Plaintiff took nothing on his complaint.

• Sohrabi v. Hadjibabaie et al.  (San Diego Superior Court) (Declaratory Relief, Breach of Contract, Breach of Fiduciary Duties, Fraudulent Inducement): Represented client in business dispute with former partner regarding validity of contract and alleged tortious conduct. After a week-long bench trial, obtained decision in favor of client on all issues. Opposing parties took nothing on their $3 million cross-complaint. The trial court decision was subsequently affirmed on appeal.

• Fleischmann et al v DJO Global, Inc.  (San Diego Superior Court) (Strict Products Liability, Negligence): First bellwether trial in complex mass tort litigation involving medical devices.  Defense of company in a five week jury trial resulted in no liability findings and no damages awarded.

• Cardinal Health v. Tyco Electronics, Inc., et al. (San Diego Superior Court) (Commercial Contract, Express and Implied Product Warranties, Indemnity): Complex multi-party litigation over alleged defective electrical connectors in automated medication dispensing units.  After six weeks of jury trial, obtained full dismissal on non-suit motions of all claims against manufacturer client.

• In re Marion O. Nauer Trust (San Diego Superior Court) (Fraud, Breach of Fiduciary Duty): Represented Plaintiffs in a lengthy bench trial opposite the former San Diego County District Attorney.  Obtained bench verdict in favor of clients on all issues, awarding all damages sought.

• In re Hargraves.  Pro bono representation of disabled Navy veteran in bench trial before Social Security Administration Office of Hearings and Appeals regarding claim for disability and income benefits.

REPRESENTATIVE BUSINESS AND COMMERCIAL LITIGATION MATTERS

• Represented marketing company as plaintiff in multi-million dollar contract claim against former business partners

• Defended seller company in arbitration brought by buyer company alleging breaches of earn-out and holdback provisions in acquisition agreement

• Prosecuted contract and unfair competition arbitration action for global medical device company against former distributors illicitly marketing client’s bone growth stimulator products

• Defended multinational insurance company in multi-billion dollar federal action relating to collateralized debt obligations and credit default swaps

• Obtained dismissal with prejudice of US$120 million False Claims action against global defense contractor related to Destroyer class Naval ships

• Represented publicly-held commercial manufacturing company on appeal following successful trial defense.  On motion persuaded Court of Appeals to dismiss appellant’s appeal on timeliness grounds

• Represented medical device company in dispute with former distributors arising out of acquisition of competitor company

• Represented limited partnership related to a Major League Baseball franchise in an action brought against the City of San Diego related to Petco Park

• Defended dietary supplement manufacturer in federal action brought by distributors alleging violations of California franchise and antitrust laws

REPRESENTATIVE PRODUCT LIABILITY AND INTELLECTUAL PROPERTY LITIGATION MATTERS

• Defended global medical technology company as national counsel in complex mass tort litigation arising from cold therapy medical device products

• Defended college test prep company against trade secret claims brought by national competitor related to core curriculum materials

• Defended international medical device company in litigation alleging multiple defective products combined to cause injury

• Represented hotel developer in copyright infringement and unfair competition action brought by design company related to lobby light fixtures

• Defended orthopaedic bracing company in arbitration brought by competitor alleging trade dress violations related to cervical collar design

• Defended medical device manufacturer in trade secret action brought by alleged inventor of knee brace design

• Defended manufacturer against strict products liability claims related to walking boot design

REPRESENTATIVE REAL ESTATE LITIGATION MATTERS

• Represented a British multinational hotels company as plaintiff in a multi-million dollar construction defect action related to two properties adjacent to a major Anaheim tourist destination

• Represented publicly-traded REIT in commercial lease dispute with a national hospital system tenant

• Represented one of the nation’s largest banks in mortgage fraud action resulting in judgment against the defendant in excess of US$1 million

• Represented major country club in protracted litigation brought by club members and adjacent property owners

• Defended national escrow company in a multimillion-dollar construction defect and personal injury action arising out of condominium conversion and sales

• Represented real estate developer in a multimillion-dollar fraud and business tort suit against former partners

• Defended nation’s largest title insurer in bad faith action seeking seven figure damages and punitives