We have in the neighborhood of 20 reported decisions, including before the US Supreme Court, the California Supreme Court, the Second Circuit, the Ninth Circuit and various California Courts of Appeal. We have obtained jury awards for punitive damages on five separate occasions, a civil RICO judgment for $60 million; and verdicts and settlements totaling over $215 million. On the defense side we have been equally successful.
Representative Commercial Litigation Cases
- Established a private right of contribution in federal securities fraud actions under Section 10b-5 of the Securities and Exchange Act, before the United States Supreme Court in Employers Ins. Of Wausau et al. v. Musick, Peeler & Garrett.
- Successfully obtained dismissal and judgment of no liability on behalf of company and directors of public corporation in national class action litigation. (In re: Wet Seal Securities Litigation)
- Obtained a jury verdict of approximately $50 million, including $42.5 million of punitive damages, on behalf of producers of infomercials, against a media buying subsidiary of a major public corporation.
- Obtained jury award of punitive damages for malicious eviction.
- Successfully defended a public corporation to a no liability jury verdict against a multi-million dollar claim by Merrill Lynch & Co. (Merrill Lynch v. Beverly Hills Bancorp.)
- Successfully defended a public corporation resulting in a no liability Arbitration decision, on an $18 million suit by a former director/chairman of the board of that corporation.
- Obtained a $6.7 million award and findings of willful and fraudulent conduct against former chairman of board of a public corporation.
- Successfully prosecuted RICO and federal securities claims against a major international accounting firm, major underwriter, a bank, two law firms, seven directors, and a public corporation, obtaining recoveries in excess of $26 million, and an additional RICO judgment for $60 million. Prevailed on contention that the Private Securities Litigation Reform Act did not apply retroactively.
- Obtained a $47.5 million judgment in a bench trial on a claim for alter ego liability against a Hong Kong-listed corporation.
- Successfully prosecuted to a jury verdict, which was trebled for a finding of “willfulness”, a claim by a former sales person for unpaid commissions.
- Obtained a $10 million settlement on behalf of a major entertainment personality against his former business manager, on a claim for breach of fiduciary duty.
- Obtained a multi-million dollar settlement in a personal injury action involving an incident in Mexico, successfully overcoming major challenges to U.S. jurisdiction.
- Advised the President of a NYSE-listed public corporation in connection with substantial termination and severance package.
- Successfully concluded settlements of national securities class actions, representing former chairman of the board and members of the board of directors of several public corporations.
- Obtained a jury verdict on behalf of an individual wrongfully denied commissions for sales to a major sporting goods company.
- Obtained a judgment of $5.5 million, plus $2.5 million in attorney fees, against founder of Hard Rock Café Enterprises in a breach of contract action.
- Successfully settled a suit for declaratory relief involving alleged trademark infringement.
- Successfully defended major accounting firm against ERISA class action.
- Successfully defended major pharmaceutical company against product liability class action.