Phoenix 

Lead counsel for European investors who brought action to compel performance of agreement to purchase 13,000 acres west of Phoenix. The court ordered specific performance of sale agreement and awarded our clients their attorneys’ fees.

Counsel for Mesa Oil Inc. in defense of rescission action. Case settled following mediation.

Lead trial counsel for Intel in a private arbitration for a claim of breaches of technology contract that allegedly required Intel to deliver technology to AMD. After a two-year trial, the arbitration decision was for Intel on all product technology delivery claims.

Defended Cypress in action brought by AMD for infringement of seven AMD programmable logic patents. Case settled.

Prosecuted patent infringement action against AMD regarding nine circuit design patents. Case settled.

Defended Intel in action by terminated distributor in India alleging breach of contract and tortious interference with prospective economic advantage.  Obtained dismissal of case.  2006 WL 1156385

Defense of underwriter in securities fraud action relating to issuance of revenue bonds. Settled.

Defense of PricewaterhouseCoopers LLP in a class action for alleged violations of federal securities laws.

Represented PricewaterhouseCoopers in defense of professional malpractice and other claims seeking more than $2.5 billion in damages; case settled.

Successfully opposed planned confirmation of WorldCom, Inc., et al., Chapter 11 cases.

Trial and appellate counsel for Dialysist West. The district court court entered judgment on leadings that Bergen was not entitled to offset damages that Dialysist West allegedly owed as to one product against sums that Bergen owed Dialysist West for another product. The district court also held that Bergen was not entitled to amend its pleadings to retract several admissions and that Dialysist West was entitled to immediate entry and enforcement of judgment despite its insolvency and Bergen's pending claims. The Ninth Circuit affirmed in all respects. 445 F.3d 1132 (9th Cir. 2006)

Successful opposition to former employer's attempt to enjoin Maxim Integrated Products from employing engineers in the field of high-speed, high-resolution analog-to-digital converters based on supposed "inevitable disclosure" of trade secrets. 579 S.E.2d 449 (N.C. Ct. App. 2003)

Represented a FORTUNE 500 company in a multi-state criminal antitrust investigation.

Counsel for Insight Enterprises, Inc. in derivative action alleging misrepresentations in financial statements relating to alleged improper backdating of stock options. Judgment of dismissal.

Defense of action alleging violations of California securities fraud statutes. Judgment of dismissal.

Counsel for Phoenix Newspapers in public records disclosure case. Arizona Supreme Court affirmed the trial court’s finding that Board of Regents had violated the Arizona Public Records Law (A.R.S. § 39-121 et seq.) by failing to disclose the names of the semi-finalist candidates for the position of President of Arizona State University. 167 Ariz. 254, 806 P.2d 348 (1991)

Represented the Arizona Daily Sun in special action for access to public records. Court ordered production of records and awarded attorneys' fees and costs.

Represented Coopers & Lybrand in a fraud and racketeering suit concerning the Mercado project in downtown Phoenix. Obtained affirmance of summary judgment on corporate fraud and conspiracy claims on statute of limitations grounds. No. 1 CA-CV 01-0585 (Ariz. Ct. App. 2003)

Defense of securities fraud, ERISA fiduciary and RICO litigation based on conduct of investment manager in connection with over 100 investments in Arizona real property assets. Settled.

Internal investigation.

Represented "Conserving Arizona's Future," a political committee supporting a trust land reform initiative to amend the Arizona Constitution. Obtained ruling affirming that the initiative satisfied the "separate amendment rule" of the Arizona Constitution. No. CV-06-0267-AL/EL (Ariz. 2006)

Trial counsel for Arista Records in action alleging unlawful restraint of trade under Arizona antitrust laws. Settled on terms favorable to Arista.

Defended client in trade secret infringement action brought by AT&T relating to video data compression technology.

Counsel in defense of J.P. Morgan Chase Bank in negligent misrepresentation action. Order dismissing all claims against J.P. Morgan Chase entered January 26, 2004. Docket number: No. CV 03-1624 PHX JWS

Counsel for intervenor Intel Corporation. Arizona Court of Appeals upheld the constitutionality of state statute (A.R.S. § 42-162(A)(8)(b)) that gives preferential tax treatment to property located within a foreign trade zone by finding that this statute does not violate the uniformity clause of the Arizona Constitution (Article 9, §1).  195 Ariz. 79, 985 P.2d 564 (1999)

Represented Corning Inc. and its subsidiary in multi-party class action arising out of groundwater contamination in Phoenix and Scottsdale, Ariz. Favorable settlement reached after successful Daubert/Frye hearing.

Enforced secured creditors’ interests in the Chapter 11 case of NationsWay Transport Services, Inc.

Defense of legal malpractice claim brought by former trustee of an ESOP which had been held liable for fiduciary breach under ERISA in connection with its approval of a leveraged buyout. Settled.

Defense of breach of contract and fraud action relating to attempted procurement of a contract for the U.S. Department of Defense. Settled.

Defended Intel against allegations that it misrepresented performance capabilities of early Pentium® 4 processors.  The plaintiffs sought to pursue a nationwide class action in Madison County, Illinois, but under California's deceptive trade practices statutes.  On appeal, the Illinois Supreme Court held that Illinois law rather than California law applied, that the alleged misrepresentations were mere "puffing" and therefore not actionable under Illinois law, and that the case should not proceed as a class action. 879 N.E.2d 910 (Ill. 2007)

Counsel for America West Airlines in national origin and race discrimination case. Obtained defense jury verdict. Docket number: CIV-97-1393-PHX-EHC (WKU)

Defense of action for alleged gender discrimination and breach of employment contract. Judgment for defendant affirmed. 930 F.2d 32 (10th Cir. 1991), 1991 WL 47111 (10th Cir. 1991)

Defense of newspaper and reporter in action for alleged defamation and false light invasion of privacy. Summary judgment for defendants affirmed. No. 2 CA-CV 2004-0128

Prosecuted trademark infringement and dilution action against Thirty-Eight Street, Inc. relating to its use of "Best Value" mark for nationwide hotel chain.  Settled, with defendant agreeing to phase out use of mark.

Prosecuted trademark infringement and dilution action against USFS relating to its use of "Best Inns" mark for nationwide hotel chain.  Settled, with defendant agreeing to phase out use of mark.

Represented BHP Copper, Inc. in an investigation by MSHA and the U.S. Attorney’s Office for the District of Arizona in an underground accident, which resulted in the death of four miners.

Represented owner of the Arizona Biltmore Hotel in action to declare the rights of the hotel under existing agreements with the owner of adjacent golf courses. Obtained reversal of adverse trial verdict and entry of judgment for client on all counts. 1 CA-CV 01-0508 (Ariz. Ct. App. 2002)

Appellate counsel for United Technologies Corp; review of jury award of post-remediation stigma damages. Case settled on favorable terms after briefing.

Represented accounting firm in malpractice action. Case voluntarily dismissed with prejudice without payment of any kind.

Venues in Arizona
Trial counsel for Botanical in actions alleging that its design and manufacture of certain ingredients used in the cold remedy Zicam was defective, resulting in an assortment of personal injuries to plaintiffs.

Defense of class wage/hour claims brought against Qwest.

Lead trial and appellate counsel for BCI in a tortious interference claim against the UFW arising from a secondary boycott. A $3 million jury verdict led to a favorable settlement.

Counsel for the Sonoran News and its publisher in a libel action brought by former mayor. The court granted defendant's motion for summary judgment, which was affirmed on appeal.

Defense of class wage/hour claims brought against Qwest in federal court.

Defense counsel for real estate development entity in a fraud and breach of fiduciary duty suit involving 13,000 acres of real estate in West Phoenix.

Defended Echelon Corporation in patent infringement action related to computer network technology.  Case settled.

Represented United Technologies Corp. in suit seeking damages on theories of misrepresentation, breach of warranty and strict liability for allegedly defective fiberglass composite pipe installed in water and sewer systems. Dismissed on summary judgment based on the statute of limitations; affirmed by the California Court of Appeal.

Appellate counsel for directors of UDC. The Ninth Circuit affirmed dismissal with prejudice of a fraud-on-the market, securities fraud complaint brought against UDC and its directors. No. 93-15862 (9th Cir. 1994)

Represented school district on claims against contractor to recover for construction defects in a high school located on the Navajo reservation.

Action to enforce multiyear noncompete agreement. Settled.

Venues in Arizona
Trial counsel for Cemex USA in personal injury actions involving claims relating to the alleged faulty operation of its batch-mixers, concrete mixing trucks, automated concrete chutes and other heavy equipment.

Defense of action asserting constitutional infirmities in vehicle emissions inspection program. Affirmed in part and reversed in part. 101 N.M. 59, 678 P.2d 687 (1984)

Defense of consumer class action involving power outages. Settled.

Counsel for defendant Del Monte in action alleging monopolization and attempts to monopolize a market for extra sweet pineapples.

Action for common law fraud based on defendant bank's alleged complicity in customer's fraudulent scheme. Settled following denial of defendant's motion for summary judgment.

Lanham Act action for deceptive comparative advertising. Permanent injunction issued.

Counsel for the Town of Gilbert in a referendum action challenging Gilbert's rejection of a referendum petition. Court granted summary judgment for Gilbert.

Defended national law firm against malpractice and related claims asserted by City of Mesa. Motion to dismiss granted.

Represented United Technologies Corp. in suit seeking damages on theories of misrepresentation, breach of warranty and strict liability for allegedly defective fiberglass composite pipe installed in water and sewer systems. Dismissed on summary judgment based on the statute of limitations.

Represented United Technologies Corp. in suit seeking damages on theories of misrepresentation, breach of warranty and strict liability for allegedly defective fiberglass composite pipe installed in water and sewer systems. Settled following sanctions award against City and its counsel for discovery misconduct.

Successfully opposed certification of class action claiming that UTC sold defective sewer and irrigation pipe to California municipalities. Case settled on favorable terms following denial of certification.

Represented Tribune Newspapers in a declaratory judgment action concerning access to a police officer's personnel file under the Arizona Public Records Law. The court ordered release of the personnel file.

Represented a computer chip wafer manufacturer in civil and criminal investigations of false statements on air quality permit applications undertaken by the Maricopa County Attorney’s Office.

Represented Foundation Health Corporation in litigation involving its acquisition of a health care provider.

Represented the principal of a printing company who, in civil litigation, was alleged to have “spoiliated” evidence.

Represented law firm in malpractice action in the United States District Court, District of Arizona. Settled after summary judgment awarding law firm its unpaid attorneys’ fees.

Represented a local mortgage company in a putative class action claiming RESPA violations.

Obtained ruling that ballot proposition violated "separate amendment" rule of Arizona Constitution. 99 P.3d 570 (Ariz. 2004)

Prosecution of action challenging the constitutionality of public school prayer. Summary judgment for plaintiff affirmed. Citation: 644 F.2d 759 (9th Cir.), cert. denied, 454 U.S. 863 (1981)

Counsel for Colorado River Indian Tribes on claims against contractor to recover for construction defects in a resort and casino constructed on the reservation. Case settled on favorable terms shortly before trial (2004-2006).

Counsel for the Town of Gilbert in a referendum action challenging Gilbert's rejection of a referendum petition. Court granted summary judgment for Gilbert.

Represented Corning Inc. and its subsidiary in declaratory judgment brought against their insurance carriers to obtain coverage for environmental claims in Arizona. Confidential settlement reached.

Counsel for the Sonoran News and its publisher in a libel and invasion of privacy case brought by former Congressman Gary Condit. Obtained summary judgment and dismissal of case. Court found that Condit had filed his case in bad faith and awarded the Sonoran News its full attorneys' fees and costs for defending the case.

Represented Conestoga-Rovers & Associates in breach of contract action. Case settled.

Represented Coopers & Lybrand and individual respondents in administrative investigation on proceedings before Arizona State Board of Accountancy. Some individuals dismissed from investigation; settled as to remaining respondents.

Trial counsel for Merrill Lynch in action alleging various Arizona securities violations relating to corporate takeover dispute between two foreign corporations based in Mexico. Pending.

Trial counsel for United Technologies in a six-month jury trial arising out of a $47 million claim by the County of Maui against UTC for breach of warranty and fraud. The trial result was a verdict for the defense.

Appellate counsel for Cox Arizona Publications. The State Supreme Court reversed the Court of Appeals and held that Cox was wrongfully denied access to police records under Arizona’s public records law. 852 P.2d 1194 (Ariz. Supreme Ct. 1993)

Trial counsel for Key Safety Systems, Inc. action against allegations that its airbag sensors were allegedly defectively designed and manufactured, resulting in the wrongful death of an automobile passenger. Dismissed.

Defended PETsMART in action alleging infringement of trade dress relating to wall-mounted saddle rack.

Represented defendants in lawsuit asserted by former in-house attorney for corporate defendant.  After summary judgment was entered in favor of defendants on certain of plaintiffs' claims, the matter was settled.

Counsel for Arizona Republic in libel case where defendants’ motion for summary judgment was granted on grounds that article at issue was privileged under California Civil Code § 47(4) and alternatively that plaintiffs failed to demonstrate by clear and convincing evidence that the article was written with actual malice. The Ninth Circuit affirmed summary judgment on all but three paragraphs of the article. 729 F. Supp. 698 (C.D. Cal. 1989), aff’d in part, 972 F.2d 1511 (9th Cir. 1992)

Trial counsel for Carrier Corporation and United Technologies in federal court in Utah. Plaintiffs sought in excess of $200 million in damages for alleged infringement of a patent relating to single-phase electric motors that utilize capacitors in the run mode. The case settled on terms favorable to Carrier.

Represented CTi Industries in action seeking a declaratory judgment of noninfringement and invalidity of two patents related to burn-in sockets for ball grid array devices and leadless chip carriers.

Represented Stereophile in series of trademark and trade dress infringement actions related to its magazine Stereophile Guide to Home Theater.

Prosecuted claims for tortious interference with contract, trade secret misappropriation and unfair competition involving programmable logic devices.

Counsel for Intel Corporation in antitrust counterclaim brought by Cyrix alleging violations of Sections 1 and 2 of the Sherman Act and Section 3 of the Clayton Act regarding sale of 386 and 486 microprocessors. Case settled during trial. (1993-1994)

Represented Daymon in an action against several former officers and their new company alleging breach of fiduciary duty, breach of contract and trade secret misappropriation. The jury verdict awarded $1 million plus $400,000 in costs and attorneys' fees, as well as a $270,000 damages award, with $40,000 in attorneys fees, from a separate civil contempt trial based on injunction violations. CV 2002-016610

Defended the Arizona Academy for the Performing Arts in a copyright infringement action for marching band arrangements and performances. Case settled.

Represented third party that intervened in an antitrust action to disqualify counsel for one of the defendants who had previously represented our client. Motion to disqualify granted.

Defended against attempt by holder of METABOLIFE trademarks to shut down well-known maker of weight-loss and vitamin products. Settled on favorable terms after filing of brief in opposition to preliminary injunction.

Defended Intel Corp. in action alleging infringement of patent relating to computer virus protection method.

Defended putative consumer protection class action involving computer peripherals.

Multiple venues nationwide
Trial counsel for E.I. du Pont de Nemours in over 600 cases throughout the country regarding the incorporation of DuPont’s Teflon® product into a medical implant device. The plaintiffs sued DuPont for, among other things, strict liability and negligence on the ground that DuPont had a duty to warn them about the dangers associated with the jaw implant.

Successfully defended jury verdict and judgment that a patent on vehicle detector technology was invalid under the "on-sale bar."  2007 WL 419363 (Fed. Cir.)

Represented PHS in connection with services it rendered to the State of Nevada as part of Nevada's workers' compensation system. Two arbitration trials led respectively to a denial of a preliminary injunction and a $2.9 million damages award, which was confirmed by the court.

Represented GAF Materials Corp. and U.S Intec in construction defect case involving alleged mold contamination. Claims against GAF settled following mediation.

Defended Cypress in lawsuit brought by EMI asserting infringement of two patents relating to the use of laser-fuse technology in integrated circuits. Won a unanimous jury verdict that Cypress had not infringed any of the asserted claims and that all the asserted claims were invalid for impossibility, anticipation and/or obviousness. The Federal Circuit affirmed that the patents were invalid, which rendered infringement moot. 68 F. Supp. 2d 421 (D. Del. 1999); 104 F. Supp. 2d 370 (D. Del. 2000), aff'd, 268 F.3d 1342 (Fed. Cir. 2001)

Breach of fiduciary duty and Arizona RICO action to recover money from former CEO of Canadian public corporation. Settled after defendant's answer and counterclaim stricken for litigation misconduct.

Represented a national construction company in an environmental investigation conducted by the Arizona Attorney General and the Arizona Department of Environmental Quality.

Represented a privately held water company in the prosecution of a state environmental matter investigated by the Arizona Attorney General and the Arizona Department of Environmental Quality.

General counsel of an international company for an investigation undertaken by the Arizona Attorney General and the Arizona Department of Environmental Quality alleging false statements in an environmental permit application.

Represented an environmental compliance officer of a FORTUNE 500 company in an EPA and Department of Justice investigation alleging RCRA violations.

Represented PETsMART in commercial contract dispute with vendor; settled.

Represented The Explorer in special action for access to public records. Court ordered access to records and awarded attorneys' fees and costs.

Action to enforce terms of buy-sell agreement. Judgment for client on all issues.

Counsel for Fairchild Camera & Instrument Corp. in a claim under § 1 of the Sherman Act and § 3 of the Clayton Act relating to Data General's software licensing practices. The case settled favorably after reinstatement of a liability verdict and entry of a broad injunction, with a $52.5 million payment to client. 490 F. Supp. 1089 (N.D. Cal. 1980); 529 F. Supp. 801 (N.D. Cal. 1981); 734 F.2d 1336 (9th Cir. 1984)

Counsel for Fairness and Accountability in Insurance Reform in Arizona Supreme Court Special Action. Arizona Supreme Court held that Arizona Legislative Council's description of Proposition 103 was in violation of A.R.S. § 19-124(B), which requires Legislative Council to prepare "an impartial analysis of the provisions of each ballot proposal." 180 Ariz. 582, 886 P.2d 1338 (1994)

Represented an individual subject of a Federal Elections Commission and U.S. Attorney’s Office investigation of contribution and reporting violations.

Submitted amicus brief for Intel Corp., Cypress Semiconductor Corp. and United Technologies Corp. arguing that prosecution history estoppel should bar patentees from resorting to the doctrine of equivalents to broaden the effect of claim limitations that they narrowed during patent prosecution. Also submitted amicus brief for Intel on remand to the Federal Circuit discussing how to apply the Supreme Court's decision.

Represented defendant in consolidated action involving disputes arising from transactions involving the financing and placement of insurance. After summary judgment was granted in favor of defendant with respect to certain of the claims against defendant, the matter was settled shortly before trial.

Defended client in putative class action involving transfers of unclaimed or abandoned stock to California Controller. Dismissal of all claims. 

Represented three citizens challenging the placement of a proposed municipal initiative on City of Phoenix ballot. Obtained affirmance of an injunction to keep the initiative off the ballot on grounds that state law preempted a city charter provision allowing sponsoring committees to collect additional signatures after the filing deadline. 153 P.3d 1035 (Ariz. 2007)

Affirmance of dismissal of employment action for unpaid wages and benefits. 158 Fed. Appx. 826 (9th Cir. 2005)

Trial counsel for Abbott Laboratories in various Arizona court actions against allegations that its hormone replacement therapy drug is defectively designed and manufactured, resulting in an assortment of personal injuries to plaintiffs.

Represented the principal of a business in a prosecution alleging fraud investigated by the U.S. Postal Service and the U.S. Attorney’s Office.

Represented the Scottsdale Tribune in special action for access to public records. Court ordered access to personnel file of police officer and awarded attorneys' fees and costs.

Counsel for defendants in lawsuit alleging plaintiff was inventor of patented pre-paid wireless system. Order denying that the plaintiff was an inventor entered August 25, 2004.

Venues in Arizona and California
Trial counsel for GAF Corporation in cases involving allegations that GAF manufactured and sold defective roofing and other building material products.

Affirmance of dismissal of alleged "whistleblower" employment claim. 69 P.3d 1011 (Ariz. Ct. App. 2003)

Defended AccuMed in a patent infringement case involving patent for a method and composition for treating the common cold by the application of zinc gluconate to the nasal membrane.

Contest of election for Central Arizona Water Conservation District Board of Directors.

Defense counsel for a national law firm in a suit by the Trustee for the bankruptcy estate of a national restaurant chain seeking more than $2 billion in damages. Case settled in 2006.

Defended Selectide Corp. against allegations of misappropriation of patented technology for preparation and use of combinatorial libraries of peptides for pharmaceutical research.

Lead trial counsel for Brockway, Inc., one of three defendants in price-fixing case. Jury verdict for plaintiffs vacated by Court; case settled pending appeal.

Lead counsel for vending machine manufacturer in a series of patent and trademark enforcement lawsuits and other intellectual property-related matters.

Represented the Bishop of the Diocese of Phoenix in a grand jury investigation alleging obstruction of justice. Settlement reached; no charges filed.

Defense of declaratory judgment action brought at the inception of an unsolicited tender offer challenging the constitutionality of Arizona's Acquisition of Control Act. Judgment of dismissal.

Defense of former officer in securities fraud action relating to disclosure of accounting treatment of indefeasible rights of use (IRU) transactions. Judgment of dismissal, appeal pending.

Trial counsel for Brown & Williamson in putative consumer class action alleging price fixing and price discrimination under Arizona’s antitrust laws pertaining to the sale of cigarettes. Dismissed.

Defended a variety of matters, including negotiable instruments cases, truth-in-lending claims, defense of a "Reg B" lending discrimination claim and class action filed by the U.S. Department of Justice and private parties alleging discrimination in lending practices on Native American reservations in Arizona.

Affirmance of summary judgment dismissing claim for disability benefits under ERISA. 191 Fed. Appx. 658 (10th Cir. 2006)

Defense of claims alleging predatory pricing in violation of Oklahoma law. Judgment of dismissal.

Bid protest.

Indiana
Trial counsel for GAF in Indiana action brought by Harsco alleging antitrust violations and other claims relating to the production of artificially colored slag-based roofing granules. Settled on terms favorable to GAF.

Represented Hawaiian Airlines in action for faulty aircraft repair and maintenance; settled.

Counsel for America West Airlines in an age discrimination case. Obtained defense jury verdict.  Docket number: CIV-99-1600-PHX-MHM

Defense in an action for fraud and breach of contract arising out of DuPont’s licensing of technology for blending pigmented crosslinkable polyethylene resin used in the manufacture of large plastic refuse containers, which allegedly had failed throughout the United States. Settled on favorable terms.

Affirmance of dismissal of defamation, negli­gence and invasion of privacy claims against TV station based on statute of limitations.  2006 WL 3611322 (9th Cir.)

Minority Shareholders’ suit that had stayed Capital American’s $680 million merger with Conseco, Inc. Obtained directed verdict for Capital American and lift of stay, allowing consummation of merger. Docket number: No. CV 96-22453

Represented Qwest in disability benefits litigation. Summary judgment granted in favor of Qwest, dismissing ERISA claims and wrongful termination allegations. 462 F. Supp. 2d 1163 (D.N.M. 2006)

Counsel for Intel in contract claim brought by Hifn involving IPSec technology. Delaware Court of Chancery granted Intel's motion for summary judgment. (2006 - 2007)

Counsel for PricewaterhouseCoopers in negligent misrepresentation action. All claims against PricewaterhouseCoopers dismissed.

Counsel for Hohokam Irrigation & Drainage District. The Arizona Supreme Court established that irrigation districts have constitutional and statutory authority to sell electric power outside district boundaries and to nonagricultural customers, in competition with incumbent investor-owned utility. 204 Ariz. 394, 64 P.3d 836 (2003)

Counsel for AmeriGas Propane and AmeriGas Partners in defense of consolidated personal injury class action and products liability case. Matter settled.

Represented Honeywell in a multi-million dollar dispute arising out of Honeywell's purchase of a portion of a competitor’s process solutions business and related technology. Favorable settlement for Honeywell.

Co-counsel for Honeywell in private CERCLA cost-recovery action. Confidential settlement reached at close of discovery.

Counsel for class plaintiffs in institutional reform litigation holding Director of Arizona Department of Corrections in contempt for violation of injunction. 907 F. Supp. 1326 (D Ariz. 1995)

Represented homeowners in a suit against a contractor involving severe movement and cracking of foundation and interior elements due to improper drainage, improper construction and other conditions causing expansion of the underlying soils. Case settled on favorable terms before trial.

Prosecuted action for misappropriation of software trade secrets and breach of contract claims involving hospitality software.  Court entered temporary restraining order and preliminary injunction.

Defense of former officer in securities fraud action relating to private offerings by Internet start-up.

Defense of target of an unsolicited tender offer in litigation challenging the constitutionality of Arizona insurance statutes. Action dismissed following denial of plaintiff's request for preliminary injunction.

Defended Greystone Servicing Corp. in a copyright infringement action for the sale of an alleged derivative of a copyrighted architectural plan for apartment buildings. Case settled. 

Defended Canon Business Solutions on administrative appeal of procurement award. Won on public bid; IKON challenged bidding process; successful in affirming procurement. Docket number: 03-0004

General counsel of a public company in an investigation of immigration fraud.

General counsel of a public company in an investigation of immigration fraud.

Co-counsel for Cendant in hostile takeover litigation against AIG relating to the purchase of American Bankers for an ultimate price of $67 per share or $3.1 billion. Litigation involved lawsuits in Florida and New Jersey as well as contested regulatory proceedings in Arizona, Texas, Florida, Kentucky and New York. The case settled on terms favorable to Cendant after commencement of Florida regulatory hearing, with AIG withdrawing its competing bid for the company.

Obtained liquor license for national wholesaler at hearings before the Arizona Liquor Board.

Representation of two hospital systems in Department of Justice investigation of alleged Sherman Act Section 1 violations by joint purchasing arrangement among Arizona hospitals for procurement of temporary nursing services.

Trial counsel for Intel Corporation in securities class action arising out of $50 million public offering of shares in Computer Memories, Inc., a California disk drive manufacturer. Settled on eve of trial on terms favorable to Intel, the largest shareholder in Computer Memories.

Representation of Personal Representative in defense of will in $30 million estate against claims of undue influence and incapacity.

Nevada
Trial counsel for United Technologies Corporation’s Chemical Systems Division, a rocket motor maker, in litigation arising out of the May 4, 1988 explosion of 10 million pounds of ammonium perchlorate at the Pepcon plant in Henderson, Nevada, involving over 150 parties, with property damage claims exceeding $170 million.

Class action for alleged violation of federal securities laws. Settled on terms favorable to Merrill Lynch.

Co-counsel in defense of antitrust class action relating to, inter alia, patent licensing practices involving laser eye surgery procedures.

Trial counsel in class action securities case arising out of initial public offering of shares in investor in collateralized mortgage obligations. Settled on favorable terms.

Represented an Indian Tribe in an investigation by the Bureau of Indian Affairs and the U.S. Attorney’s Office for the District of Arizona alleging fraud and theft.

A series of product liability suits in Arizona where the plaintiffs alleged that certain vehicular accidents and rollovers were caused by failures due to product defects in Goodyear light truck tires.  Case settled in terms favorable to Goodyear.

Represented UTC in a series of product liability and fraud actions involving alleged failures in a fiberglass pipe manufactured by UTC for water, sewer and irrigation applications. Actions were brought in California, Alaska and Hawaii state and federal courts involving as plaintiffs various cities, counties and private users of irrigation and sewer districts, such as the City of San Diego, Stanford University, the City of Fairbanks and the County of Maui. The most recent lawsuit, brought in late 1999 in California state court, sought class relief on behalf of cities, public utilities and other public entities in California that allegedly purchased the pipe during the 1960s and 1970s.

Represented Coopers & Lybrand in connection with the Arizona Accountancy Board's investigation of various professional engagements for former Arizona Governor J. Fife Symington III and related entities. Also was counsel for Coopers & Lybrand, which was subpoenaed to produce documents and testify at Symington's criminal trial and bankruptcy proceedings. Some individuals dismissed; settled as to remaining respondents with no revocation or suspension of licenses. Docket number: Nos. 965-B, 1634-R and 2322-E

Represented Touche Ross in investigation of audit engagements by Arizona Accountancy Board. Settled with no revocation or suspension of professional licenses. Docket number: Arizona Accountancy Board, No. 89.230

Defended Matrikon Inc. in a copyright infringement and contract action for software used for real-time and historical data hosting for the process and manufacturing industries. Case settled.

Defended Applied Materials, Inc. in an action alleging breach of contract, fraud, trade secret misappropriation, unfair competition, breach of implied covenant of good faith and fair dealing, conspiracy and unjust enrichment. The technology at issue was Advanced Process Control algorithm and software for semiconductor fabrication equipment. Obtained jury verdict for Applied Materials.

Represented Oracle Corporation in action for breach of contract, fraud, and negligent misrepresentation related to licensing agreement; claims against Oracle dismissed.

Defense of action for breach of contract, fraud and negligent misrepresentation to void software license. Judgment of dismissal.

Represented Intel in a copyright claim against Advanced Micro Devices regarding imbedded "ICE" microcode in Intel's 80486 microprocessors. District court had stayed a copyright action brought by Intel against AMD pending final state court appellate review of an arbitration proceeding. Case settled after favorable liability decision, resulting in payment of $58 million to Intel and a permanent injunction. In a parallel case about Intel's 80386 microprocessor, we persuaded the Ninth Circuit to reverse a district court's Colorado River stay on behalf of Intel, and the Supreme Court to decline review. 12 F.3d 908 (9th Cir. 1993) cert. denied, 512 U.S. 1205 (1994)

Represented Intel in patent declaratory judgment action involving fabrication modeling software. Case settled favorably just before Markman hearing.

Represented Intel (with its Chinese counsel) in software copyright infringement action in Shenzhen and in defending action in Beijing alleging that Intel license terms violated Chinese law.

Prosecuted action for Intel to recover earnest money deposit given during consideration of potential purchase of patents and know-how.

U.S. International Trade Commission
Defended Intel against antitrust/patent misuse counterclaims in Section 337 exclusion proceeding against Taiwanese personal computer manufacturer.

Conducted internal investigations involving allegations of fraud on the government, fraud on customers and fraud on the company.

Represented a public company in an SEC and Department of Justice investigation of 10b-5 violations.

Represented a multi-national mining company in the investigation of an underground accident involving one death and two serious injuries.

Defended SyQuest in suit alleging that SyQuest’s SyJet and SparQ removable storage products infringed Iomega utility and design patents and claimed "Jet" trademark.

Defended Intel in putative nationwide class action alleging that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors. The trial court denied three motions for class certification, finding that individual issues would predominate.

Successful amicus brief on behalf of hospital supporting summary judgment that plaintiff had no claim against hospital or doctor for denial of access to courts under 42 U.S.C. § 1983 or for intentional infliction of emotional distress.

Defended Deloitte & Touche in federal and state class actions in Arizona. Summary judgment granted dismissing Deloitte & Touche.

Libel claim. Obtained summary judgment and dismissal of claim. Affirmed on appeal. Docket number: CV2003-022382, aff'd, No. 1 CA-CV04-0496 (Ariz. Ct. App. Apr. 26, 2005), review denied, No. CV-05-0202 PR (Ariz. Feb. 8, 2006), cert denied, 127 S. Ct. 168 (2006)

Represented owners of Arizona Biltmore Hotel in action by owner of adjacent golf courses for alleged Lanham Act violations, declaratory judgment, breach of contract, trespass and negligence.

Defense of Burger King Corporation and prosecution of counterclaims in three-week jury trial and subsequent appeal against former franchisee alleging breach of fiduciary duty, misrepresentation and RICO claims. Judgment for client on all claims.

Challenge to Arizona Legislative Council description of initiative proposing constitutional amendment.

Defended IBM and one of its employees in a defamation action concerning a "hacking" incident at the site of one of IBM's customers. Summary judgment in IBM's favor and later settlement. 

En banc appellate counsel for Semiconductor Industry Association. Authored amicus brief arguing that a court should not draw an adverse inferences when a defendant charged with willful patent infringement fails to obtain legal advice or refuses to disclose that advice. 383 F.3d 1337 (Fed. Cir. 2004)

Defense of television station and employees in action alleging defamation. Summary judgment for defendants affirmed.  No. 2 CA-CV 2006-0023 (Ariz. Ct. App. 2006) 

Access to public records.

Represented KTVK-TV in Freedom of Information Act suit seeking a videotaped speech. Court ordered production of the videotape and awarded attorneys' fees to the television station.

National Association of Securities Dealers Arbitration
Defense of broker-dealer in defamation action based on filing of Form U-5s in connection with employee termination. Award at dismissal following hearing.

Defense of Arizona securities fraud claims against investment management firm. Settled.

Defense of Lanham Act and misappropriation claims brought by former employee with respect to alleged marketing concept. Award of dismissal following hearing. 

Defense of action for alleged tortious contract interference. Summary judgment for defendant affirmed. 771 F.2d 421 (10th Cir. 1985)

Defended for law firm, in action, against company and outside counsel for malicious prosecution, libel and slander. Motion to dismiss granted.

Defended Intel in action alleging infringement of patents claimed to relate to semiconductor manufacturing and use of machine vision and bar-coding equipment. Portion of claim dismissed; remainder settled after favorable claim construction.

Defended Maxim Integrated Products, Inc. in action alleging infringement of patent on switching voltage regulator.

Represented an officer of Southwest Gas in litigation alleging fraud in connection with merger negotiations.

Defended Merrill Lynch in a National Association of Securities Dealers securities arbitration in which Merrill Lynch was accused of defrauding one of its clients.  Docket number: 05-01587

Trial counsel for United Technologies  in a $20 million insurance coverage action involving United Technologies’ primary and excess insurers. The case was tried before a jury for four weeks in which the jury returned a special verdict relating to trigger of coverage.

Appellate counsel for John F. Long. The Court of Appeals held that an Arizona statute creating the State's Tourism and Sports Authority (which oversaw funding and construction of the Phoenix Cardinals' stadium) did not violate the State constitutional debt limitation or prohibition against special legislation. 53 P.3d 172 (Ariz. Ct. App. 2002)

Counsel for the Town of Gilbert in an action challenging an annexation of county island land into Gilbert. Plaintiffs stipulated to dismissal.

Represented Canadian partnership in malpractice and fraud action. Motion to dismiss granted in part and remaining claim settled.

Prosecution of action for alleged violation of employee intellectual property agreements. Partial summary judgment for defendants reversed. 880 F.2d 286 (10th Cir. 1989)

Counsel for Merrill Lynch in action seeking to vacate multi-million dollar arbitration award. Court ruled in Merrill Lynch's favor, and plaintiffs opted not to appeal.

Represented Deloitte & Touche in a malpractice and securities action. Summary judgment granted dismissing claims against Deloitte & Touche.

Trial counsel for Abbott Laboratories against allegations that the drug OxyContin is defectively designed and manufactured, resulting in plaintiff’s addiction and related injuries.

Lead trial counsel for MFMC in a trademark infringement suit against Foundation Health Corp., which was attempting to enter Arizona as an HMO provider using the Foundation name. The case was settled favorably on the last day of trial, leading to a permanent injunction.

Represented individual CPAs in action seeking review of administrative decision. Board of Accountancy judgment reached and settled while on remand.

Represented the Navajo Nation in a dispute with the Hopi Tribe over rights to more than seven million acres of land in Northeastern Arizona. Won affirmance of the bulk of the district court's decision awarding the Navajo Nation rights to all but a small fraction of the land in dispute.  65 F.3d 1445 (9th Cir. 1995)

Prosecuted action for infringement of patent relating to network communications power management circuitry.

Trial counsel for American Honda Motor Company, Inc. and related Honda entities in a putative class action antitrust violations and consumer fraud pertaining to importation of new vehicles from Canada to United States. Pending.

Defense of breach of contract/fraud suit brought by State of Arizona against administrator of Arizona's AHCCCS (Medicaid) program regarding scope of administrator's obligations, representations and quality of performance. Settled. 153 Ariz. 510, 738 P.2d 785 (1987)

Counsel for PETsMART, Inc. in action alleging PETsMART had violated a lease covenant granting the plaintiff the exclusive right to provide veterinary services in a shopping center. Summary judgment for PETsMART granted, dismissing plaintiff's complaint and awarding PETsMART its attorney's fees.

Trial counsel and counsel in appellate proceeding for American Home Products in a price-fixing class action brought against one of the nation’s leading pharmaceutical manufacturers. Case settled on favorable terms.    

Action for trade secret misappropriation. Permanent injunction issued.

Counsel for Board of Managers of the Arizona House of Representatives in impeachment of Governor Evan Mecham. Arizona Supreme Court denied Mecham's petition to enjoin the Arizona Senate from sitting as a Court of Impeachment. 156 Ariz. 297, 751 P.2d 957 (1988)

Represented doctors, physician groups and hospitals in Medicare and Medicaid fraud and abuse investigations.

Representation of plaintiff water district in suit to nullify thirty-year contract for the purchase of treated Central Arizona Project water from the City of Tucson.

Appellate counsel for Arizonans for Clean Elections. The Arizona Supreme Court held a ballot initiative to establish the Citizens Clean Elections Act complied with State constitutional requirements and should be placed on the general election ballot. 192 Ariz. 376, 965 P.2d 768 (1998)

Defending client in preference action pending as part of the MicroAge, Inc. Chapter 11 proceedings.

Defended Microchip Technology Inc. in a copyright infringement lawsuit brought by Syntek seeking to invalidate Microchip’s copyright registration for microcode in the PIC16C5X microcontroller family. Obtained summary judgment that registration is valid. Ninth Circuit referred the matter to the U.S. Copyright Office under the doctrine of primary jurisdiction. Won on summary judgment and attorneys' fees awarded. Reinstated judgment was affirmed in second appeal to the Ninth Circuit.

Represented Microchip against patent claims by Philips. Case settled after Microchip successfully opposed Philips' attempt to compel arbitration in both the district court and on appeal to the Federal Circuit. 367 F.3d 1350 (Fed. Cir. 2004)

Defended Intel Corp. in patent action alleging infringement by IA-64 microprocessors. Patent relates to conditional execution of machine instructions in a pipelined processor.  Won summary judgment of noninfringement, which the Federal Circuit affirmed.  520 F.3d 1367 (Fed. Cir. 2008).

Amicus counsel for Intel Corporation. Authored amicus brief arguing that § 271(f) of the Patent Act does not subject U.S. software companies to liability for worldwide sales simply because the master version of the software was designed and exported from the United States. 550 U.S. 437 (2007)

Trial counsel for Rheem and WHI in action alleging, among other claims, violations of Sections 1 and 2 of the Sherman Act and related Arizona antitrust laws. Pending.

Wrongful termination claim. Case settled.

Action for trade secret misappropriation. Settled after issuance of preliminary injunction.

Prosecuted action alleging infringement of patent on container latch/lock mechanism.

Successfully opposed a preliminary injunction in a case alleging that Mobility's universal power adapters infringed patent claims. Case settled after preliminary injunction was denied.

Represented Morgan Stanley and its employees in several actions by customers alleging various suitability, fraud and fiduciary duty claims.

Amicus counsel for Best Western Int’l, Inc. and Starwood Hotels & Resorts Worldwide, Inc. Authored amicus brief on the standards for an injunction claim for trademark dilution. 550 U.S. 437 (2007)

Counsel for C. Lester Hogan in case involving alleged breach of contract, breach of fiduciary duty and theft of trade secrets. Trial court granted Hogan's motion to dismiss under Rule 41(b) of the Federal Rules of Civil Procedure. 366 F. Supp. 1173 (D. Ariz. 1973)

Defended group of engineers working on high-performance clock drivers who left Motorola to found a competing business against claims that they violated fiduciary duties, engaged in unfair competition and would inevitably misappropriate trade secrets. Settled on favorable terms allowing new business to stay in operation.

Affirmance of summary judgment for defendant in fraudulent conveyance action brought by trustee for the bankruptcy estate of J. Fife Symington III.  24 Fed. Appx. 707 (9th Cir. 2001)

Counsel for PricewaterhouseCoopers in multiple securities actions.

Intellectual property case involving underground storage tank leak detection technology and allegations of trade secret misappropriation.

MicroAge, Inc., et al., Chapter 11 cases.

Represented Vitesse in a commercial landlord-tenant dispute that was settled right before the trial on terms favorable to Vitesse. 103 CV 008029

Affirmance of summary judgment that Monolithic did not infringe an O2 Micro patent on DC-to-AC inverter circuits that drive cold-cathode fluorescent lamps used in LCD panels. The Federal Circuit upheld the validity of the Northern District of California's Patent Local Rules and affirmed the district court's finding that O2 Micro lacked good cause to amend its Final Infringement Contentions under those rules. 467 F.3d 1355 (Fed. Cir. 2006)

Arizona Securities Act, breach of contract and various business tort claims arising out of the sale of a business. Case settled.

Defended Micron in suit alleging infringement of patent relating to hillock suppression in semiconductor devices.

National Association of Securities Dealers Arbitration
Defense of broker-dealer in employee raiding action. Dismissed following denial of application for preliminary injunction.

Defended Vitesse in dispute involving contract for development of component for optical switch product. Settled.

Defended action for alleged employee "raiding" involving claims for interference with contract, misappropriation of trade secrets and breach of fiduciary duty.  Case settled on favorable terms after summary judgment.

Lead counsel for Heller Ehrman in professional liability case.  Case pending.

Defense of two hospitals against Sherman Act Section 1 claim arising out of the hospital's participation in a joint purchasing arrangement with other Arizona hospitals to purchase temporary nursing services.

Counsel for the Navajo Nation in arbitration and litigation relating to a royalty dispute arising from a major coal mining operation on Navajo land.  Court of appeals affirmed that federal courts had no jurisdiction over Peabody's royalty claim. 373 F.3d 945 (9th Cir. 2004)

Defended National Credit Management in a copyright infringement action related to publications for seminars on credit management.

Defended Intel in several consumer class actions (consolidated in California) alleging unfair competition, false advertising and fraud in connection with product performance claims.

Counsel for America West Airlines in age and gender discrimination case. Obtained defense jury verdict. CIV-99-963-PHX-MHM

Convinced the Supreme Court to affirm a judgment invalidating patents on ball grid sockets and loadless chip carriers. The Supreme Court unanimously adopted our suggestion to apply a "ready for patenting" standard for determining the validity of a patent under the statutory "on-sale bar," rejecting the Federal Circuit's "totality of the circumstances" test, the "actual reduction to practice" standard proposed by Pfaff, and eight alternatives proposed by amici. 525 U.S. 55 (1998)

Trial counsel in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client. 

Venues in Arizona
Trial counsel for Pfizer in consumer fraud actions relating to the use of Celebrex by numerous Arizona plaintiffs

Lead trial and appellate counsel for Hunt in a trade secret/breach of fiduciary duty claim against departing officers and the competitor they established in the printed circuit board etching industry. A $640,000 recovery was awarded after trial to the court, affirmed by the Ninth Circuit.

Counsel for Vicor and its officers and directors in Arizona Securities Act and Arizona Consumer Fraud action. Claims against Vicor and its officers and directors were dismissed with prejudice.

Lead counsel for PCH in a AAA arbitration for breach of contract to manage medical insurance claims. Favorable settlement leading to cancellation of contract.

Representing Newmont Mining Corp. in multi-party CERCLA cost-recovery action. Successful interlocutory appeal establishing that liable private parties are limited to contribution claims; matter pending. 118 F.3d 1298 (9th Cir. 1997)

Defended Nullsoft in a software copyright infringement action related to Nullsoft's WINAMP MP3 music play distributed over its WINAMP.COM Web site. Case settled.

Appellate counsel for Polteco. Defended on appeal a $100 million jury verdict in a medical technology case involving breach of contract and fraud. Case settled after briefing. No. A 050518 (Cal. Ct. App. 1992)

Lead trial counsel for the Sensors Business Unit of PPG in a patent ownership and breach of fiduciary duty claim against departing officers and the competitor they established in the medical instrumentation industry. A $4 million settlement was achieved near the end of the plaintiff's case at trial.

Defended Maxim Integrated Products, Inc. in a patent infringement and trade secret action regarding cell phone receiver chips. Won favorable rulings on patent claims and convinced motions panel of Federal Circuit to stay a preliminary injunction entered on the trade secret claims on grounds that Maxim was likely to succeed on merits of its appeal. Case subsequently settled. 156 Fed. Appx. 306 (Fed. Cir. 2005)

Represented Optima Inc. in the structuring of purchases and financings of residential condominium projects in Illinois and Arizona, involving more than $2 billion of sales.

Served as debtor’s counsel for publicly traded corporation in Chapter 11.

Defended Phelps Dodge in action alleging infringement of patent relating to heap leach mining.

Trial counsel for Chinook Group, Inc. and Chinook Group, Ltd. in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client.

Represented O’Quinn and Laminack, a Houston, Texas law firm, in a RICO and fraud claim.

Counsel for regional accounting firm in malpractice action. Motion for summary judgment was granted dismissing all claims with prejudice.

Trial counsel for Dial in a trade dress infringement action relating to air freshener products brought by S.C. Johnson in Milwaukee, Wisconsin. After a two-day hearing, Judge denied request for a preliminary injunction. Settled on terms favorable to Dial.

Appellate counsel for Safeway. The Ninth Circuit affirmed summary judgment for Safeway on a multi-million dollar claim for alleged bad faith insurance practices. The Ninth Circuit agreed that the evidence failed to show that Safeway acted unreasonably toward its insured. 2005 WL 775632 (9th Cir. 2005)

Represented SDG&E in contract arbitration regarding the Southwest Power Link. Confidential settlement reached.

Counsel for plaintiff in arbitration proceedings concerning the ownership and operation of the Southwest Power Link from Palo Verde Nuclear Power Plant to San Diego, California.

Appellate counsel for UTC. The Court of Appeal overturned a punitive damages award against UTC in a case alleging installation of defective sewer pipe. No. G018419 (Cal. Ct. App. 1999)

Affirmance of summary judgment dismissing age discrimination claims.  196 Fed. Appx. 487 (9th Cir. 2006)

Alleged trade secret misappropriation.

Defended Scheduling.com in patent infringement case involving medical software. Claims included trade secret and contract issues arising from employee departures. After winning summary judgment on most claims, including attorneys' fees, in favor of Scheduling.com and its employees, the case settled favorably. CIV 99-446 TUC WDB

Represented Deloitte & Touche in derivative action alleging breach of fiduciary duties and other misconduct by officers, directors and outside auditors of eFunds Corporation.

Defense of action to compel issuance of stock options. Settled.

Defense of underwriter in securities fraud action alleging wrongful IPO "laddering." Judgment of dismissal.

Counsel for Scottsdale Publishing, Inc. in libel case.  Arizona Court of Appeals reversed trial court's denial of summary judgment in public figure libel case and ordered that judgment be entered in favor of Scottsdale Publishing. 159 Ariz. 72, 764 P.2d 1131 (1988)

Affirmance of summary judgment dismissing claims by former employee alleging that Pentium® processors infringed his patent and that Intel improperly discharged him for asserting that claim.  178 F.3d 1312 (Fed. Cir. 1998) (Table)

Represented a law firm in an SEC investigation of false statements in a Hart-Scott-Rodino filing.

Represented Baptist Hospital and Health Systems as a victim in a claim for return of seized assets.

Represented Deloitte in malpractice action. Dismissed with prejudice.

Counsel for Barbara Sherman and other plaintiffs. The Arizona Supreme Court held that the word "election" as used in A.R.S. § 19-141 refers to election day rather than the date early ballots are distributed for purposes of determining when a city must begin distribution of ballot pamphlets containing arguments for and against amendment to city charter. 202 Ariz. 339, 45 P.3d 336 (2002)

Counsel for Tom Shirley, an enrolled member of Navajo Tribe elected to the Apache County Board of Supervisors in 1972, in his claim to be seated as a member of the Board of Supervisors.  Arizona Supreme Court reversed trial court order enjoining Shirley from taking his seat on the Apache County Board of Supervisors and held that Native Americans living on reservations are entitled to hold political office in State of Arizona.  109 Ariz. 510, 513 P.2d 939 (1973)

Reversing contempt order against book author for refusing to produce unpublished notes and materials in response to a civil trial subpoena. 48 F.3d 412 (9th Cir. 1995)

Defense of company and certain officers in challenge to merger agreement.

Represented the City of Tucson in multi-party declaratory judgment actions brought by insurance carriers for the Airport Authority and the city disputing coverage for environmental cleanup and personal injury claims arising out of groundwater contamination at the Tucson International Airport. Confidential settlement reached following favorable summary judgment rulings.

Trial counsel for E.I. du Pont de Nemours in claims that its polyethylene-resin pipe was defectively designed and manufactured, allegedly resulting in massive failures throughout the Tucson metropolitan area natural gas distribution system. Case resulted in a summary judgment for Du Pont

Defended against claim that "SparQ" removable disk drives infringed "SPARC" trademark.

Represented Spectrum Astro in a trade secret misappropriation case regarding the design of satellite subsystems, including command and data handling, data acquisition software, ground support equipment, power design and development and test tools. Case settled.

Consolidated action involving community association claim for construction defects and personal injury claims for alleged injuries caused by mold exposure. Matter settled following motion for summary adjudication.

Patent dispute.

Trial counsel for various officer and director defendants. The district court granted defendants’ motion to dismiss a securities fraud complaint alleging state and federal claims. No. CIV-02-2183-PHX-JWS (D. Ariz. 2002)

Counsel for Price Waterhouse in post-trial proceedings, on appeal, and on remand. The case involved questions of first impression under the Arizona Securities Act and various common law theories. The Arizona Court of Appeals overturned a $338 million accountant malpractice verdict and directed judgment in favor of Price Waterhouse on all but a single claim, which was settled on remand. 190 Ariz. 6, 945 P.2d 317 (1996)

Special action for access to public records. Order granting access affirmed. 181 Ariz. 432, 891 P.2d 899 (1994)

Represented the victim in a state criminal proceeding to recover $6 million stolen by the client’s former controller.

Trial counsel for Brown & Williamson in Attorney General action brought against major tobacco companies alleging damages in excess of $550 million for alleged Arizona antitrust violations and other claims. Settled as part of a nationwide settlement.

Three securities cases. Settled after orders were entered dismissing Deloitte & Touche from two of the cases and dismissing all but three claims in the third action.

Counsel for Honeywell in suit involving various environmental claims and claims of breach of an administrative order on consent. The Superior Court granted Honeywell's motions to dismiss principal claims against it. The case settled after the matter was fully briefed on appeal but before oral argument. (2004-2007).

Represented Corning Inc. and its subsidiary in multi-party CERCLA action brought by the State of Arizona to address groundwater contamination. Successfully obtained summary judgment on most claims. Confidential settlement subsequently reached.

Represented a large automobile dealership in a state use tax investigation by the Arizona Attorney General’s office and the State Department of Revenue.

Lead trial and appellate counsel for Strobe Data in a contract dispute with Digital Equipment relating to the supply of a sole-sourced microprocessor and math chip to support a successful Strobe Data design.

Defense of RICO action brought against a public utility alleging fraud in the rate-setting process. Judgment of dismissal. 847 F. Supp. 281 (D. Conn. 1994); 45 F.3d 58 (2d Cir. 1995)

Defended Phelps Dodge in a commercial dispute regarding the design and construction of a mechanical vapor recompression crystallizer.

Counsel for the Town of Gilbert in an action challenging an annexation of county island land into Gilbert. Plaintiffs voluntarily dismissed their complaint.

Authored amicus brief on behalf of Semiconductor Industry Association supporting bar code equipment manufacturers’ appeal of district court order dismissing their claim that Lemelson’s enforcement of certain patents is barred by "prosecution laches." Federal Circuit ruled in equipment manufacturers’ favor that prosecution laches is a legally cognizable defense to a claim of patent infringement. 277 F.3d 1361 (Fed. Cir. 2002) No. 00-1583

Authored amicus brief for Intel Corporation arguing that the only element of prosecution laches is undue delay in presenting or prosecuting patent claims, that prejudice and "intervening rights" are not required, and that a heightened "clear and convincing" standard of proof does not apply.

Counsel for Coopers & Lybrand L.L.P., which was subpoenaed to produce documents and testify at former Arizona Governor Symington’s criminal trial and in connection with his bankruptcy proceedings.

Represented TIG in a malicious prosecution action arising out of the lower court and the California Supreme Court's decision in Cates Construction v. Talbot Partners, Inc.

Action for permanent injunction for equitable assignment of patent based on alleged breaches of contracts and fiduciary duty. Judgment issued granting permanent injunction and equitable assignment.

Appellate counsel for Southern Pacific. The case involved review of the then-largest punitive damages award in Arizona history. Case settled after briefing. (Ariz. Ct. App. 1990)

Persuaded the court of appeals to uphold a post-trial JMOL that defendants had not infringed patent despite previous International Trade Commission finding of infringement. 90 F.3d 1558 (Fed. Cir. 1996)

Defended Dell against patent infringement claims brought by Texas Instruments regarding microprocessor circuits and computer architecture and prosecuted antitrust counterclaims.

Appellate counsel for Governor Napolitano. The State Supreme Court held that the Governor's use of line-item veto authority violated the Arizona Constitution. 143 P.3d 1023 (2006)

Counsel for Rick Ross in a libel case. Obtained summary judgment and dismissal of claim, which was affirmed on appeal. 28 Media L. Rep. (BNA) 2361 (Ariz. Ct. App. 2000)

Trial and appellate counsel for defendants. The case involved alleged Lanham Act violations with respect to advertising of dietary supplements. The Ninth Circuit affirmed the trial court's grant of summary judgment for the defendants on laches and statute of limitations grounds. 172 Fed. Appx. 772 (9th Cir. 2006)

Counsel for law firm in action in federal district court, District of Arizona, alleging securities fraud, malicious prosecution, and other claims. Motion to dismiss granted.

Counsel for CompuNet Credit Services in a defamation case. E.D. Pa., No. 97-4475

Defense of Deloitte & Touche in securities action. 

Counsel for Town of Gilbert. Arizona Court of Appeals affirmed trial court's order invalidating statute authorizing creation of fire district on grounds that it violated the Arizona constitutional prohibition on special legislation. 213 Ariz. 241, 141 P.3d 416 (Ct. App. 2006)

Represented Deloitte in accounting malpractice action alleging professional negligence in connection with tax advice.

Defended Intel in a putative shareholder class action. Won on summary judgment.

Defended Fountain Hills Systems in breach of contract/misappropriation action involving license and business development agreement for patented ergonomic keyboard. Summary judgment for client on all claims against them, favorably settled client counterclaims before trial.

Defended Cypress in suit alleging infringement of bus-interface patent.

Defended Maxim and Microchip in suit alleging infringement of bus-interface patent.

$108,130,000 The Arizona Board of Regents Certificates of Participation (University of Arizona Projects)

Counsel for CBS Inc. and Andy Rooney in libel case. Defendants’ motion for summary judgment granted in libel case and upheld on appeal on ground the plaintiffs could not demonstrate that Andy Rooney’s statements about their product were false. 16 Media L. Rep. (BNA) 1737 (D. Ariz. 1989), aff’d, 912 F.2d 1049 (9th Cir. 1990)

Represented Coopers & Lybrand in action alleging breach of contract, breach of fiduciary duty, common law fraud, negligent misrepresentation, professional negligence, consumer fraud and Arizona racketeering. Fraud claims against Coopers & Lybrand were dismissed. The case was settled after evidence in support of a claim for $37 million in damages was excluded.

Trial counsel for Diageo.  The district court granted Diageo's motion to dismiss with prejudice its former distributor’s complaint alleging wrongful termination. No. CIV 02-1818-PHX-EHC (D. Ariz. 2002)

Trial counsel for Schieffelin & Somerset.  Court granted Schieffelin & Somerset's motion to dismiss with prejudice its former distributor’s complaint alleging wrongful termination.

Served as lead counsel for the United States in an antitrust claim under § 7 of The Clayton Act to prevent the merger of Microsoft and Intuit, Inc. The defendants abandoned the merger shortly before trial. C95-1393 WHO

Represented insurer in declaratory judgment action regarding duty to cooperate and right to control defense.

Represented Buck Consultants in professional liability action alleging actuarial malpractice, filed by receiver of failed Arizona insurer, Premier Healthcare.

Represented Merrill Lynch in-house counsel in legal malpractice action alleging negligence, fraud and breach of fiduciary duty.

Prosecuted trademark infringement action for Vitesse Semiconductor action against Vitesse Networks. Case settled, with Vitesse Networks changing its name.

Defended client in gender discrimination case. Case settled. 04-RB-0609

Trial counsel in indirect purchaser class action for conspiracy and combination to restrain trade where the defendants conspired to illegally set the value and price of plastics. Settled on favorable terms.

Represented Deloitte & Touche in class action and other related securities cases.

American Arbitration Association
Action by minority interest holder to enforce terms of LLC management agreement. Settled.

Lead counsel for third-party defendant Newmont in purported medical monitoring and property damage class action arising out of groundwater contamination. Third-party complaint dismissed.

Trial counsel for Citigroup in putative class action involving Citicorp’s Capital Accumulation Plan where plaintiffs allege certain manipulative practices and misrepresentations in connection with their purchase of CAP stock within the meaning of the Securities Litigation Uniform Standards Act of 1998. Pending.

Contract claims involving semiconductor yield software.

Represented Applied Materials in AAA arbitration in San Francisco against InSyst, an Israeli LLC.  Succeeded in baseball-style arbitration to resolve pricing dispute under a development agreement.

Defended Microsoft and three of its OEM customers in a case alleging infringement of a patent involving the pre-installation of Windows’s Vista operating systems on OEM PC products sold world wide.

Representing Sleep Health & Wellness and related entities in action alleging contract, fraud and negligence claims in connection with a business combination.  Favorable settlement obtained.

Represented Clifton Gunderson in an accounting malpractice action alleging fraud, breach of contract and breach of fiduciary duty in connection with tax advice.

Counsel for accounting firm in professional liability claim related to tax planning and third-party claim for indemnity. Professional liability claim settled.

Represented the plaintiff in an original special action challenge in the Arizona Supreme Court to the Arizona Legislature's sweep of interest income from an account under the plaintiff's name created by a 2006 ballot initiative. The Arizona Supreme Court held that the legislative sweep violated a provision of the Arizona Constitution that prohibits the legislature from diverting funds “allocated to a specific purpose by an initiative measure” without a three-fourths majority in each legislative chamber and without furthering the purpose of the initiative. The court concluded that the act failed to pass with a three-fourths majority in each house and did not further the purpose of the initiative and was therefore unconstitutional. The court ordered the return of the $7 million plus interest. 221 Ariz. 427, 212 P.3d 805 (2009)

Represented Arizona Minority Coalition in action challenging redistricting in Arizona based on interpretation of state constitutional amendment designed to create competitive voting districts.

Represented Coopers & Lybrand in connection with investigation of bid-rigging and other allegations relating to state contracts for Project SLIM.

Represented an individual in ATF investigation of the unlicensed sale of firearms.

Defense of legal malpractice claim brought by former trustee of an ESOP which had been held liable for fiduciary breach under ERISA in connection with its approval of a leveraged buyout. Case settled.

Represented an individual making voluntary disclosure of previously unreported assets in bankruptcy proceeding.

Appellate counsel for Boeing. In a case arising out of the 1999 crash of EgyptAir Flight 990, Boeing brought a complaint to declare its rights against EgyptAir and its Egyptian insurer, Misr Insurance. The Second Circuit affirmed the district court's denial of Misr's motion to dismiss Boeing's complaint based on sovereign immunity, personal jurisdiction, and the Declaratory Judgment Act. 2007 WL 1315716 (2d Cir.)

Representing Puget Sound Energy, Inc. and working with counsel for other Pacific Northwest investor-owned utilities in a series of cases involving the Residential Exchange Program and other aspects of the Northwest Power Act.

Obtained dismissal of wrongful termination claim on res judicata grounds. Affirmed on appeal.  No. 29,581 (N.M. Sept. 17, 2007)

Lead counsel for defendant in case alleging malpractice arising out of sale of property in bankruptcy proceedings; case dismissed by Superior Court on motion to dismiss and not appealed.

Defense of Arizona law firm in multi-count federal court action for alleged legal malpractice and other wrongdoing in connection with collapse of concrete business. Judgment of dismissal.

Defense counsel in a claim arising out of corporate transactions.

Lead counsel for defendant in an action involving a sale of a business.

Lead defense counsel in an action involving ownership issues.

Lead counsel for defendant in a claim arising out of a merger.

Lead counsel for defendant in a claim of tax opinion fraud.

Lead counsel for defendant law firm in an action arising out of a merger.

Lead defense counsel in an action involving a claim of failed trial strategy.

Lead counsel for defendant in case alleging violation of federal and state securities acts and various state law torts; case dismissed on motion to dismiss; Ninth Circuit reversed dismissal of federal securities act claim and remanded to district court for further proceedings on that claim.

Lead counsel for defendant in case alleging malpractice in representation of school district; case dismissed on motion to dismiss and not appealed.

Successfully defended the Bonneville Power Administration's award of interim benefits under the Residential Exchange Program of the Northwest Power Act to our client, Puget Sound Energy, and other investor-owned utilities. At our urging, the Ninth Circuit dismissed the petition for review on grounds that the petitioner had not been injured and accordingly lacked standing to complain. 2009 WL 1391548 (9th Cir.)

Represented third-party defendant Panasonic Corp. of North America in a contract and intentional interference action related to a supplier-distributor-customer relationship for cash register sales and installations in Cold Stone's ice cream stores. Obtained favorable settlement after mediation.

Represented a private professional school and university in a state attorney general’s consumer fraud investigation related to student-lending practices.

Defended Conestoga Merchants, Inc.d/b/a Sonoran News in a defamation lawsuit. Obtained summary judgment dismissing the case with prejudice. Court awarded the Sonoran News its full attorneys' fees, costs and expenses for defending the case, along with the maximum amount of statutory damages, against the plaintiffs and their attorney, jointly and severally, for filing and maintaining lawsuit in bad faith. 

Represented the East Valley Tribune. Court granted motion to dismiss based on the fair report privileges.

Represented the Scottsdale Tribune in special action for access to public records.  Court ordered access to self-evaluation of city manager and awarded attorneys' fees and costs.

Counsel for the Town of Prescott Valley in a constitutional challenge to its financing and accounting practices involving revenue bonds. Plaintiffs challenged over 10 years of funding, jeopardizing significant Town projects. The court granted the Town's motions to dismiss, finding that the Town's practices complied with the Arizona constitutional provisions regarding town debt, bond elections, and public gifts. (2007 - 2008)

Represent defendant in wrongful termination action brought by former employee.  Court granted Smart & Final's motion to dismiss. 

Represented an individual in a prosecution alleging identity theft and obstruction of justice in connection with the hiring of unauthorized aliens.

Represented an individual in a prosecution alleging immigration fraud and false statements.

Defended HTC Corporation against allegations of patent infringement relating to performance and power management in semiconductors used in wireless communication devices.

Represented Synology, Inc. as a respondent in investigation involving two patents relating to flash memory chips, 337-TA-685, U.S. International Trade Commission.

Successfully defended SMART Modular Technologies in investigation in which the Commission held SMART Modular Technologies and other respondents did not infringe semiconductor packaging patents held by Tessera.  

Filed the complaint with the Commission against Representative Doug Quelland that led to an investigation into multiple campaign finance violations. Argued on behalf of the complainant at the Commission's Reason to Believe hearing and the Commission's Probable Cause hearing. The Commission voted 4 to 1 to levy $45,500 in fines against representative Quelland in addition to removing him from office.

Counsel to two partners in a firm sued for alleged legal malpractice and breach of fiduciary duty. Settled.

Defending Intel Corporation in class actions alleging that MobileMark® 2007, a benchmark suite developed by an industry consortium to which Intel belongs, overstates the battery life that users of notebook computers are likely to enjoy.

Representing defendant/counterclaimant in a contract and trade secret dispute over lasers used in military applications.

Represented a medical professional in prosecution alleging conspiracy and illegally conducting an enterprise in connection with an Internet pharmacy.

Defended Plateau Systems, a provider of integrated talent management software solutions for large enterprises, in allegations of patent infringement relating to software for education and training.

Counsel for Arizona State Senator Albert Hale in elections case that sought to invalidate signatures of hundreds of registered voters who listed post office box numbers as their addresses on Hale's candidate nomination petitions. Many of the petition signers lived in rural areas of the Navajo Reservation and did not have residential addresses. The Arizona Supreme Court upheld trial court's ruling that Apache County properly counted the signatures of those people who listed P.O. boxes, which gave Hale a sufficient number of signatures to qualify for the ballot. 218 Ariz. 561, 190 P.3d 175  (2008)

Trial counsel for defendant hospitals in alleged price-fixing class action, and lead counsel for defendants in opposing interlocutory appeal from partial denial of class certification. Case pending. No. CV 07-01292-SRB (D. Ariz.) and No. 09-901-42 (9th Cir.)

Representation of several entities beneficially owned by affiliates of Weyerhaueser Realty Inc., MacFarlane Partners and CalPERS in defense of claims for breach of contract and common law torts asserted by KB Home and certain of its affiliates arising out of defendants' termination of funding for the development of three large condominium projects in the greater Los Angeles area. Settled.

Counsel for the League of Arizona Cities and Towns in an original special action before the Arizona Supreme Court challenging whether a provision in the general appropriations bill for fiscal year 2009 requiring cities and towns to deposit money into the state general fund was an appropriation. The Arizona Supreme Court held that the provision was not an appropriation that could be included in the general appropriations bill and therefore was unconstitutional under Article 4, Part 2, Section 20 of the Arizona Constitution. 219 Ariz. 556, 201 P.3d 517 (2009)

Counsel for Deloitte & Touche LLP in federal securities action. All claims dismissed with prejudice against Deloitte.

Counsel for Bankruptcy Estate where Gila River Indian Community challenged ownership of access to and zoning rights over section of land surrounded by Indian reservation land. The court ruled that our client has title and access to Section 16 under several legal theories and that the Indian community does not have zoning authority over the contested land. The case is on appeal to the Ninth Circuit Court of Appeals. (2006 - 2008)

Representing Microsoft in a case alleging infringement of two Microsoft patents related to set-top box technology.

Provide patent counseling and patent prosecution services.

Represented a travel consolidator in a prosecution alleging money laundering and racketeering in connection with human smuggling.

Successfully defended lawsuit alleging that Monolithic infringed a patent on power management techniques for cold-cathode fluorescent lamps used in laptop computers and other devices. The Federal Circuit affirmed the jury's verdict that all the asserted claims were obvious and held that the trial court properly appointed an independent expert to testify regarding infringement and validity. The victory also resulted in vacatur of the judgment for O2 Micro in a separate case where the jury had found a Monolithic customer liable for infringing the same patent. 558 F.3d 1341 (Fed. Cir. 2009)

Counsel for plaintiff in multiple breach of contract actions. Obtained summary judgment in each action in a cumulative amount of more than $52 million.

Defended Great Western Bank in class action filed by the U.S. Department of Justice and private parties alleging discrimination in lending practices on Native American reservations in Arizona.

Counsel for the News West Publishing in a public records case seeking access to city records concerning inappropriate activity among city employees including sexual harassment and misuse of city equipment. Court granted our client all the relief sought, including an award of our fees and costs.

Defending STMicroelectronics in a patent infringement suit filed in the Northern District of Georgia.  The patent relates to dynamically reconfigurable holographic intraconnections in a computer.

Represented defendant/counterclaimant in a contract and breach of fiduciary duty dispute with the company's former president.

Represented Qwest in disability benefits litigation. Summary judgment granted in favor of Qwest, dismissing ERISA claims, breach of contract claims and wrongful termination allegations.

Represented a county manager in a prosecution alleging misappropriation of public funds.

Defense of action alleging misappropriation of proprietary information disclosed under an NDA to design a competing integrated circuit involving Power-over-Ethernet technology, and seeking $88 million in damages. Case settled on highly favorable terms after Court suspended trial to allow detailed briefing of Defendant's motion to exclude Plaintiff's damages expert and to strike Plaintiff's damages claims.

Represented Qwest in action seeking injunctive relief and damages associated with Cox’s misuse of Qwest owned facilities.

Representing former detainee seeking asylum in the United States after persecution in India due to his marriage to an American citizen.

Represented a mortgage company in a putative class action claiming RESPA violations.

Represented a land developer in state administrative action alleging regulatory violations and demanding rescission of sales contracts.

Defended client in case involving construction of a submarine in England. Court granted motion to dismiss a breach of contract suit, for lack of personal jurisdiction and forum non conveniens.

Represented Intel Corporation as intervenor-defendant in patent infringement action filed against Intel customers alleging infringement of patents relating to microprocessor, chipset and wireless communications/privacy technology.

Defending HTC, a major "smart phone" and PDA manufacturer, in action alleging infringement of four patents relating to communications chips and wireless communications privacy.

Defense of Intel Corporation in derivative case filed against Intel and its directors alleging misrepresentations in proxy solicitation relating to Executive Officer Incentive Plan. Settled.

Counsel for regional accounting firm and two of its partners in action alleging Arizona Securities Act, breach of fiduciary duty and negligent misrepresentation claims. All claims dismissed except for aiding and abetting the a violation of the Arizona Securities Act and negligent misrepresentation claims; summary judgment motion pending.

Represented the Arizona Daily Star in obtaining access to records of Child Protection Services concerning the deaths of three children.

Defended departed employees and their new company in an action alleging infringement of a patent and misappropriation of trade secrets involving the use of computational geometry to generate tool paths for computer-controlled milling machines. Case settled after denial of plaintiff's preliminary injunction motion and favorable constructions of patent claims.

Lead counsel for TASER International, Inc. in enforcement of three patents relating to advanced electronic control device (ECD) technology.

Defense of Insight Enterprises in a three week arbitration proceeding in which TeleTech claimed entitlement to a clawback payment under the terms of a stock purchase agreement. Pending.

Representing Microsoft as a proposed intervenor in a case filed by TiVo against AT&T alleging infringement of three patents related to DVR technology. 

Counsel for Transportation Infrastructure Moving Arizona's Economy. T.I.M.E. sought order requiring Arizona Secretary of State Janice Brewer to count certain initiative petitions. Trial court granted Brewer's motion to dismiss on grounds that the only action available was under A.R.S. § 19-122 (A) and that time to file such an action had expired. The Arizona Supreme Court upheld the trial court's dismissal but strongly urged the Arizona Legislature to "modify the statutory scheme" to avoid the problems created by this case. 219 Ariz. 207, 196 P.3d 229 (2008)

Defended HTC, a major "smart phone" and PDA manufacturer, in action alleging infringement of two patents relating to touch screen technology. Won summary judgment of non-infringement.

Representing HTC, a leading smartphone manufacturer, in an appeal from a judgment that it does not infringe two patents involving touch-screen technology.

Defense of Intervenor-Defendant, Covance Laboratories, Inc., in challenge by Physicians Committee for Responsible Medicine to the City of Chandler's approval of Covance's plans to build a large animal testing facility based on alleged violations of zoning and open meetings laws. Judgment of dismissal.

Represented West Valley View in special action for access to public records.  Court ordered access to sheriff's office's press releases and awarded attorneys' fees and costs. 165 P.3d 207 (Ariz. Ct. App. 2007)

Represented an individual in a prosecution alleging workers’ compensation insurance fraud, mail fraud and money laundering.

Counsel for plaintiff in multiple breach of contract actions. Obtained summary judgment in each action in a cumulative amount of more than $20 million.

Defending HTC in actions in district court and the ITC alleging infringement of twenty patents relating to operating systems and mobile handsets.

Appellate counsel for Department of Health and Human Services. The Seventh Circuit reversed the district court and upheld HHS's methodology for determining Medicare reimbursement. 814 F.2d 408 (7th Cir. 1987)

Appellate counsel for El Mirage. The case concerned Glendale's alleged failure to comply with Arizona's Open Meeting Law in adopting a zoning ordinance. The Court of Appeals held that the challenge was untimely. No. 1 CA-CV 07-0209 (2008)

Represented Noteholder, by and through CMBS special servicer, in foreclosure litigation and real estate transactions relating to $10.7 million loan secured by retail shopping centers in Forsyth, IL and West Bend, WI. Filed foreclosure action, obtained appointment of receiver before deed in lieu of foreclosure workout.

Represented Gilbert Unified School District No. 41 in its challenge to the constitutionality of the State's school finance scheme and the legislature's application of certain statutory provisions. Summary judgment granted in favor of the school district.

Pro bono trial and appellate counsel for class plaintiffs in institutional reform litigation. Arizona's Department of Corrections moved to modify a civil rights injunction that required the State to pay a special master's fees in monitoring compliance with the injunction. The district court refused to modify the injunction, and held the defendant in contempt for failure to make the required payments. The Ninth Circuit affirmed in all respects. 107 F.3d 1397 (9th Cir. 1997)

Handled dispute among project owners and investors with respect to funding of construction with respect to three California condominium projects following the 2007 real estate market decline, including claims for alter ego liability, breach of contract and breach of fiduciary duty. The case was resolved by settlement shortly before trial.

Successfully vacated recall and restitution provisions of a preliminary injunction issued in a trademark case. The Ninth Circuit Court of Appeals held that district courts must now consider the burden of the recall and whether the public faces substantial danger as well as the risk of confusion.

Supreme Court counsel for Office of Personnel Management. The Supreme Court affirmed a decision of a three-judge district court, which upheld the constitutionality of Congress’s rescission of an automatic cost-of-living increase for federal civil service retirees. 479 U.S. 878 (1986)

Trial and appellate counsel for employee of Sheriff's Office. In a case involving Arizona's little Hatch Act, the Court of Appeals affirmed a summary judgment that the employee had been wrongfully discharged for participation in a political campaign. 865 P.2d 814 (Az. Ct. App. 1993)

Supreme Court counsel for State Department. The case involved review by an equally divided Court of the State Department’s refusal to grant visas to certain aliens because of foreign policy concerns. 484 U.S. 1 (1987)

Representing TriQuint Semiconductor, a manufacturer of high-performance RF solutions used in wireless communications, in a patent, antitrust and trade secret case involving Bulk Acoustic Wave technology.

Counsel for du Pont. The Court of Appeals reversed the trial court’s refusal to grant summary judgment for du Pont in a product liability action involving novel questions under the UCC. Special Action No. 2 CA-SA 89-0039 (Ariz. Ct. App. 1989)

Appellate counsel for Customs Service. The D.C. Circuit reversed a determination by the F.L.R.A. that the Customs Service had committed an unfair labor practice by refusing to negotiate over certain union proposals. 854 F.2d 1414 (D.C. Cir. 1988)

Counsel for United States. Negotiated consent decree that terminated a department of corrections' practice of barring women correctional officers from working in male cell blocks. (D. Neb. 1982)

Counsel for United States. Negotiated a consent decree requiring the City of Little Rock Police and Fire Departments to end discrimination against blacks and women in hiring and promotion; successfully defended a collateral attack on the promotional procedures established in the consent decree. (D. Ark. 1984)

Counsel for United States. Negotiated a settlement with the City of San Francisco Police Department eliminating the discriminatory effect of promotional exams; represented U.S. in a trial regarding the validity of the settlement, which resulted in an order upholding the settlement. Aspects of decision later reversed. 621 F. Supp. 1221 & 621 F. Supp. 1225 (N.D. Cal. 1985)