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 Steve 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. The jury returned a defense verdict on all harassment, discrimination and employment claims and awarded 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 represented 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 Firm’s 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 Steve 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 the home video division of a television studio in a case alleging misappropriation of plaintiff's method of doing business. Steve Davis represented the Firm's client.

INSURANCE COVERAGE

The Firm represents businesses and individuals seeking the reversal of their liability insurers' refusal to defend suits covered by their policies. The Firm has obtained numerous court orders on summary judgment motions compelling insurers to provide a previously denied defense. Jeffrey Ellis, Alan Weil and Marc Epstein have represented the Firm's clients in such disputes.

The Firm represents disability insurance policyholders seeking the reversal of improper claim denials. The Firm has obtained reversals of the benefit payment denial in numerous such disputes. 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. In one case, the Firm 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.

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.

The Firm represented a major Southern California hotel in a dispute over the setting of rent on the renewal of the ground lease for the property on which the Firm’s client’s hotel is located. The lessor sought millions of dollars more than the Firm’s client believed was called for under the parties’ lease for the ten-year renewal. Steve Davis successfully represented the Firm’s client at arbitration in which the renewal rate sought by the Firm’s client was adopted.

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

Steve 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.

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 "Money Plus" 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 obtained summary judgment in favor of the credit union in the federal trial court. The Ninth Circuit Court of Appeals affirmed the decision of the trial court. Steve Davis and Peter Steinman represented the Firm's credit union client.

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. Steve Davis represented the Firm's client in the trial court and on appeal.