BUSINESS LITIGATION
After a 42-day trial in Superior Court, an Orange County jury returned a verdict in favor of the Firm's clients, a major venture capital firm and one of its managing members, ruling against plaintiffs on both liability and damages. The plaintiffs, two former major stockholders of the on-line ticketing company Tickets.com, had brought a variety of claims against the Firm's clients, as well as Tickets.com and several of the other stockholders and directors of the company, seeking $149 million in damages. The Firm's trial team consisted of lead trial counsel Barry West and Corey Klein. Equal partners with them at the trial were co-counsel, Paul, Weiss, Rifkind, Wharton & Garrison, led by litigation partner Steven Rosenfeld. The Firm obtained an arbitration award on behalf of the Firm's client, a prominent advertising agency, against a major toy company that had commissioned but then refused to pay for a television commercial. Barry West represented the Firm's client. EMPLOYMENT
The Firm defended a law firm client in a high profile sexual harassment, religious discrimination and wrongful termination employment case where the plaintiff was seeking over $6.2 million in compensatory damages, as well as damages for emotional distress and punitive damages. John Gaims supervised the defense efforts and Amy Rice defended the client at trial. The jury returned a defense verdict on all harassment, discrimination and employment claims of nominal damages only. In an employment action for racial, national origin, and sex discrimination against the Firm's client, a large national insurer, the Firm obtained summary judgment and an order requiring the plaintiff to pay all of the Firm's client's attorneys' fees and costs. Marc Epstein the Firm's client. The Firm’s Fortune 150 client received a defense jury verdict on a claim of retaliation in violation of California public policy in which the client's former employee alleged lost compensation in excess of $700,000. Steve Davis and Peter Steinman represented the Firm’s client. ENTERTAINMENT
The Firm defended a major Hollywood studio in an action brought by the producer/creator of a long running television series seeking over $20,000,000 in allegedly unpaid profit participations. Barry West and Steven Davis led the defense of the Firm's client at trial. They were assisted by Firm partners Corey Klein and Peter Steinman. After a three-week jury trial, the jury returned a defense verdict in favor of the Firm's client. The Firm successfully defended at trial the home video division of a television studio in a case alleging misappropriation of plaintiff's method of doing business. Steven Davis and Joshua Davis represented the Firm's client. INSURANCE COVERAGE
The Firm continues to represent businesses and individuals seeking the reversal of their liability insurers' refusal to defend suits covered by their policies. In four such disputes handled during the last year, the Firm obtained court orders on summary judgment motions compelling the insurers to provide the previously denied defense. Jeffrey Ellis, Alan Weil and Marc Epstein represented the Firm's clients. The Firm represents disability insurance policyholders seeking the reversal of improper claim denials. In three different disability insurance disputes concluded during the last year, the Firm obtained reversals of the benefit payment denial. Jeffrey Ellis represented the Firm's clients. LEGAL MALPRACTICE
The Firm and, in particular, Alan Weil have a substantial practice in representing law firms accused of professional malpractice. The Firm has obtained summary judgment in favor of its law firm clients in over twenty cases. The Firm recently obtained summary judgment in favor of a national law firm client in a legal malpractice action in which the plaintiff alleged that its lawyers had caused the plaintiff to enter into a poor settlement of underlying litigation which had cost the client millions of dollars. Alan Weil, Amy Rice and Andrew Vogel represented the Firm's law firm client. REAL ESTATE
The Firm represented a group of 49 homeowners in a dispute against a large land company over the setting of rent on ground leases for the lots on which the homes are located. The land company sought more than $7 million in total ground rent for the next four-year period. John Gaims and Corey Klein represented the homeowners at arbitration and successfully obtained an award limiting the ground rent to $2.8 million. This saved each homeowner more than $85,000. SECURITIES
After lengthy litigation in federal and state courts, the Firm defeated class certification in a securities class action on behalf of two former officers and directors of a corporation in the motion picture industry. The Firm then obtained a judgment against the corporation to fully indemnify the Firm's clients for all attorneys' fees and costs they incurred. Marc Epstein and Jeffrey Ellis represented the Firm's clients. TAX LITIGATION
Firm partner Steven Davis defended two individual taxpayers in tax deficiency litigation brought by the Internal Revenue Service in the United States Tax Court. In this case, the taxpayers had agreed to extend the statute of limitations in favor of the I.R.S. on condition that the I.R.S. transfer its claims against the taxpayers to California. The I.R.S. failed to transfer its claims to California before the original statute of limitations ran out. In a landmark decision, the Tax Court held that the I.R.S. was barred by the statute of limitations from pursuing its claims against the taxpayers. See Case (PDF) TRADEMARK LITIGATION
The Firm defended a national credit union against a claim of trademark infringement by credit card company Visa. In the action, Visa claimed that its "PLUS" mark for its network linking automatic teller machines was infringed by the credit union's "MoneyPlus" mark for the credit union's debit cards, where those debit cards could be used in the same ATMs that are part of Visa's "PLUS" ATM network. The Firm successfully defended the credit union in the federal trial court. The Ninth Circuit Court of Appeals affirmed the decision of the trial court. Firm partners Steven Davis and Peter Steinman represented the credit union. See Case (PDF) The Firm successfully brought an action to enjoin the infringement of a trademark belonging to the Firm's client, a manufacturer of automotive lighting product, where the defendant was altering and selling under its own brand name the product of the Firm's client. The Ninth Circuit Court of Appeals affirmed the injunction granted by the federal trial court in favor of the Firm's client. Firm partner Steven Davis represented the Firm's client at trial and on appeal. See Case (PDF) | 
