Representative Matters

Bankruptcy
• • Claims by bankruptcy trustees and creditor's committees against directors and officers of the bankrupt company for breach of fiduciary duty, fraudulant conveyance, and mismanagement
Business Commercial
• • Dispute involving financial services provider and violation of Fair Debt Collections Practices Act (FDCPA)
  • Breach of contract dispute between business broker and business owner involving the broker's entitlement to commission prior to the sale of the business
  • Partnership dissolution case involving the negotiation of complete breakup of all shared assets
  • Investor claims against entity and officers regarding startup venture to build chain of auto repair facilities in Great Britain
  • Freight and trucking services broker claims against freight forwarder for breach of broker agreement with defense of conflict of interest and unfair competition by broker in operating competing business
  • Claims by victim of alleged real estate Ponzi Schemes against stock and life insurance brokers and related entities for facilitating fraudulent investment
  • Breach of joint venture agreements and unfair competition claims between an international European food manufacturer and Chinese joint venture partner with claims filed in multiple countries
  • Dissolution of family-owned businesses in oil and real estate businesses involving claims of breach of fiduciary duty by minority shareholders and wrongful termination of company president
  • Post-closing disputes following acquisition of a company
  • Claims of breach of fiduciary duty against directors and officers
Class Action & Mass Tort
• • Mediation of Mass Arbitration cases against financial institutions involving overdraft and nsf fees
  • Mediation of Mass Arbitration cases alleging privacy related claims involving the use of Metapixels
  • Class actions alleging false advertising and labeling of: cereal, baby food, coconut oil, guacamole, pain medication, vitamin, yogurt, jewelry, cosmetic, athletic clothing and tea products
  • Consumer class action involving a private real estate investment company and claims under the Fair and Accurate Credit Transactions Act (FACTA)
  • Consumer class action involving a publishing company and alleged violation of automatic renewal law
  • Class action against automobile dealership regarding allegations that closing costs associated with purchase of cars were not fully disclosed and agreed upon by consumer
  • Class action involving the assessment of fees to a customer at ATMs not owned or operated by the customer's bank
  • Putative class action alleging that Defendant improperly imposed unconscionable fees on merchants with whom they contract for credit card processing services
  • Class actions for violation of the Fair Debt Collection Practices Act and Rosenthal Act
  • Class action involving a healthcare data breach
Cybersecurity & Privacy
• • Mediation of privacy class actions alleging the sale of personal information to third parties for commercial use
  • Class action regarding privacy data breach with claims for negligence, breach of implied contract and Unfair Competition Law (UCL) violations
  • Privacy related class actions involving claims under TCPA, alleged recording of service calls without permissions, internet hacking, and disclosure of consumer credit related information
  • Numerous class actions under the Federal Telecommunications Privacy Act (TCPA) involving violations of the "do not call" list and claims against companies in the businesses of home security, financial services, and solar energy among others
  • Mediation of data breach class actions against businesses of all types including educational institutions, hospitals and medical clinics, insurance companies
Employment Law
• • Mediated and arbitrated many disputes involving employment, wrongful termination, discrimination, harassment, wage and hour class actions and PAGA claims
  • Wage and hour disputes involving a wholesale plant nursery, farmworkers, and truckers and the alleged failure to pay overtime wages and missed meal periods, to complete accurate wage statements, and to reimburse business expenses
  • Employment practices liability insurance disputes regarding discrimination, harassment and other related employment claims
  • Wrongful termination claims regarding pregnancy, disability, and harassment
  • Sexual harassment cases involving law firms, entertainment companies, hospitality establishments, and tech companies
  • Class action claims asserting age discrimination
Entertainment
• • Mediation of individual songwriters claims of copyright infringement and breach of contract
  • Case involving film production company and claims related to interference with prospective economic relations, intentional interference with contractual relations, defamation, and unfair competition
  • Dispute involving global entertainment company and alleged breach of contract, breach of implied covenant of good faith and fair dealing, and intentional interference with contractual relations
  • Multi-million-dollar entertainment licensing dispute between motion picture television studio and its Czech licensee
  • Arbitration of disputes between lender and international film distributor involving conspiracy between bank and production company to defraud distributor into entering agreements and paying production costs of multiple films
  • Suit by creators of internationally released film against bank that loaned production costs involving conspiracy claims to defraud them out of profit participation
  • Arbitrated dispute under film completion bond over issues of whether film met delivery requirements of production agreement
  • Disputes between film production companies and insurers involving slate of films insured for recovery of production costs
  • Arbitrated disputes between European production company and Asian distributors over breach of distribution agreement
  • Copyright claims by record companies claiming illegal downloading of music on the internet
  • Copyright claims on behalf of songwriters against motion picture and television studios for infringement of songs used on daytime television
  • Four individual lawsuits against large music streaming company alleging copyright claims by significant songwriters and composers for streaming works without a license
  • Claims arising from alleged misrepresentation of financial condition of digital sound and motion picture distribution company in connection with company acquisition
  • Class action age discrimination actions brought by television writers over 40 against studios and networks
Insurance
• • Disputes involving representations and warranties insurance
  • Appraisal disputes under first party property policies
  • Allocation claims between primary, umbrella and excess insurers involving construction defect and continuing exposure cases
  • First party insurance bad faith dispute involving damage to dental office building, loss of income resulting from car running into Claimant's office, cost of repair, reasonable time to restore damaged property, and business interruption issues
  • Insurance bad faith dispute involving third party claim for tree root damage, fraud and other related issues
  • Dispute involving large wireless network operator and the right to insurance coverage under certain primary and excess-layer insurance policies for defense and settlement costs incurred in connection with another lawsuit
  • Subrogation claims between insurers and businesses
  • International case involving insurance-related matters between major US-based food company and foreign distributor
  • Settled several insurance cases involving brokers, agents, and managing general agents in insurance business disputes arising out of underwriting and claims administration
  • Dispute involving general liability and cyber insurance policies issued by three insurers and coverage claims for defense costs and settlements of underlying class actions
  • Insurance coverage dispute between a university and its tower of D&O liability insurers arising out of an underlying multi-million-dollar settlement with another educational institution
  • Complex insurance coverage dispute between receiver, directors and officers involving a Ponzi scheme and disputes over the coverage of government investigations and investor class actions
  • Liability insurance claims involving discrimination, harassment, and other employment-related issues
  • Entertainment insurance disputes related to production costs, risks, profits, production-related claims, art insurance coverage and completion bonds
  • Reinsurance claims arising from insolvency of major insurance company
  • Represented the California Commissioner of Insurance in insurance insolvency proceedings and litigation disputes
  • Claims arising under legal and medical malpractice policies
  • Insurance claim for damages related to major natural disaster, resulting in compensatory and punitive damages
  • Numerous insurance actions resulting from natural disasters, notably earthquakes and wildfires
  • Insurance dispute involving alleged fraud and malfeasance in the sale of life insurance policies by an agent
  • Bad faith and coverage disputes related to medical and hospitalization policies
  • Disputes related to financial products involving life insurance and annuities
  • Complex insurance coverage mediation arising out of antitrust class actions against health care company and all of its individual state entities involving coverage issues under director's and officer's liability and professional liability insurance policies in terms of the insurability of damages as well as issues relating to exhaustion of underlying limits, coinsurance, and the prior and pending litigation exclusion
  • Disputes involving derivative claims for breach of fiduciary duty against Directors and Officers
  • Claims against leading life insurance companies regarding representations made with respect to life insurance products and performance
Professional Liability
• • Professional liability case involving alleged malpractice of life insurance agent and companies
  • Pre-litigation matter arising out of a claim for potential Accountant malpractice
  • Professional liability dispute claiming professional negligence on behalf of Claimant's insurance broker based on broker's undisputed failure to tender underlying claim in a timely fashion under D&O policy
  • Numerous legal malpractice claims involving underlying business, intellectual property, securities, insurance and real estate litigation and transactions
  • Cases involving claims against accounting firms arising from alleged failure to detect fraud in audits and negligent preparation of financial statements
  • Represented and mediated numerous claims against realtors arising from purchase and sale of real estate
  • Disputes against insurance agents and brokers alleging the failure to obtain coverage or adequate limits
  • Numerous sexual harassment cases involving law firms, entertainment companies, and hospitality establishments
  • Legal malpractice action by doctor/entrepreneur against attorneys arising from unfair competition lawsuit seeking to enforce non-complete agreement entered into between doctor and hospital acquisition company that purchased several hospitals and adjoining medical buildings from doctor
  • Action between real estate broker, client and their attorney involving attorney's claims of interest in client's acquisition of real property
  • Mediation of dispute for malicious prosecution brought by third-party adversary of client alleging counsel had unlawfully recorded and maintained lis pendens on apartment building in major city, resulting in multi-million dollar loss
  • Legal malpractice action by client against corporate transactional attorney alleging attorney failed to obtain acceleration of purchase price of clients' business acquired in M&A transaction
  • Legal malpractice action against law firm by insurance company client arising from insurance coverage advice given to client with respect to underlying construction defect dispute
  • Legal malpractice lawsuit against law firm commenced by beneficiaries of client's estate alleging that estate planning partner failed to include all of the testator's property in Trust
  • Arbitration against client's transactional counsel alleging that client made errors in drafting of stock purchase agreement
  • Matter between wealthy individual and investment advisor for breach of fiduciary duty arising from recommended investments in allegedly inappropriate private equity investments and repayment of loans made by client to advisor
Real Property
• • Disputes involving purchase and sale transaction, including claims of specific performance and breach of contract
  • Claims related to disclosure of unpermitted construction, geological issues, construction defects, zoning and use restrictions
  • Claims against real estate professionals with respect to disclosure of agency relationships, property defects, failure to communicate offers, unauthorized signatures on sales documents, valuation, and escrow practices
  • Title insurance claims involving title, easement, possession, and improvements
  • Environmental and pollution related issues with respect to use, sale, and leasing of commercial property
  • Lease disputes involving issues of use, exclusivity, compliance with design and construction conditions and possession
  • Disputes with respect to mortgage foreclosure, financing, and credit lines secured by real estate
  • Insurance disputes arising out of claims with respect to construction defects, fire, earthquake, subsidence, mold, flood, and other damage claims related to real property
  • Mediated eminent domain and inverse condemnation matters
  • Mediated buyer/seller/broker disputes
  • Arbitrated individual, limited partner, and tenant-in-common (TIC) disputes
  • Class action claims against national real estate brokers related to disclosures under RESPA
  • Class action against major U.S. financial institution regarding lines of credit secured by real estate cancelled as result of decline in real estate values during economic recession
  • Class action involving claims against real estate companies under the Real Estate Settlement Practices Act
  • Class action disputes as to financing related practices in the underwriting and servicing of mortgages and lines of credit
Securities Litigation
• • Securities class action mediation pending before the U.S. Supreme Court involving a pension fund and disputes over the question of whether an alleged failure to make a required disclosure may be pursued by shareholders as an actionable omission
  • Numerous class actions alleging claims under Federal securities laws including claims arising from alleged theft of company funds, Chinese reverse mergers, and false or fraudulent financial reporting
  • Handled securities class action in U.S. and Israel against beauty products manufacturer arising from alleged failure to disclose efficacy issues with product and failure to report declining sales and financial condition of Japanese distributor
  • Shareholder derivative action involving claims under state law for breach of fiduciary duty, gross mismanagement, and breach of honest services
  • Securities and fraud claims by investors of telecom tech company alleging company officers misrepresented sales projections and financial conditions to induce investments
  • Minority shareholder and officer claims against majority shareholders regarding breach of fiduciary duty in the management and operation of oil distribution and recycling company
  • Chinese reverse merger security class action cases involving insurance issues
Wildfire
• • Numerous cases involving homeowners, insurers, and utilities; Several claims of structural, fire and mudslide damage as well as causation and subrogation issues