Business/Commercial
With over 39 years of legal experience, including 22 years on the trial bench in Santa Clara County, Judge Baines has accumulated a wealth of experience in business and commercial matters of every nature. Besides handling a vast number of “typical” commercial cases (contract disputes, collection matters, business foreclosures), he has presided over a number of unique “Silicon Valley” cases, ranging from multi-million dollar disputes between venture capitalists and their funded companies, to complex cases testing the parameters of the Uniform Trade Secrets Act.
Judge Baines has successfully resolved a great number of these business disputes at the pre-trial stage, and brings his unique settlement abilities to both mediations and arbitrations. His experience includes: Representative Mediations
- At JAMS, Judge Baines has successfully resolved cases as diverse as: software licensing disputes, breach of contract claims arising from the sale of a metal plating business, the acrimonious dissolution of a real estate investment partnership, the commission claims of a “high-end” commercial mortgage loan broker, claims by a graphic designer against a non-paying client, and claims by commercial landlord against tenant for non-compliance with maintenance and repair requirements in lease.
Representative Arbitrations
- Judge Baines has been selected, and served, as the neutral arbitrator in a number of commercial matters, including software development contracts, commercial lease disputes, mineral leasing rights disputes, and a hard-fought dissolution of a long-standing joint business venture in the disability insurance field (with issues involving trade secrets and employee mobility under Business & Professions Code § 16600).
- Judge Baines has served as a discovery referee under appointment from the Superior Court in various trade secrets matters.
Supplementary Matters
- Representative Business/Commercial matters handled on the bench include the following:
- Randall v. Campbell - Jury trial on claims by CEO that venture capitalist did not make good on promise to adequately fund the business venture (a corporate aviation business), thus allegedly causing demise of the business and leaving CEO out of work and with tarnished reputation
- KLA Tencor v. Rigg – Heavily contested hearing on request for injunctive relief, under the Uniform Trade Secrets Act, to prevent departing scientist from undertaking similar work with competitor; included issue of application of doctrine of “inevitable disclosure” of trade secrets
- Lewis v. Pico Ranch – Court trial on claims of fraud and non-disclosure brought by purchaser of commercial building regarding sellers’ failure to disclose impending departure, and thus default on lease, by the building’s largest tenant