Contract Disputes/Breach of Contract

Stalwart Capital, LLC v. ICAP Pacific Northwest Opportunity and Income Fund, LLC, et al.

Represented the defendants on a complaint for breach of contract, breach of contract by successor liability, tortious interference with business expectations, and responsible corporate officer doctrine liability.

Global BTG LLC v. National Air Cargo, Inc.

U.S. District Court for the Central District of California
Prosecuted successfully breach of contract claim for Global involving a “Letter of Intent” under New York law in which Global contracted to find the financing for National for the purchase of eight 747 aircrafts. National, however, terminated the contract asserting various defenses. The jury rejected all of National’s defenses, found for Global and awarded it $8 million in damages, which with prejudgment interest resulted in a $10 million judgment.

LG Enterprises Inc. v. Washington Mutual Bank

Superior Court of Washington, King County
Washington State Court of Appeals
Represented bank in affirmance of summary judgment dismissing a breach of contract case where plaintiff claimed lost profits.

Business Torts

Familycare Health Plans, Inc.

Represent a Medicaid-managed care organization in litigation challenging the capitation rates set by the Oregon Health Authority (OHA). We filed suit against OHA in Oregon state court to challenge the rates and the rate-setting process as actuarially unsound and in breach of a settlement agreement the parties previously executed regarding previous rates. We are also seeking damages from OHA’s PR campaign against our client. The revelation of that PR campaign led to the highly publicized resignation of the director of OHA and an amended complaint seeking additional damages for the “smear” campaign, as well as editorial coverage in multiple newspapers throughout the state of Oregon.

Frontier Resources, et al. v. Wachovia Bank, et al.

Negotiated a settlement prior to trial dismissing all of plaintiffs’ $191 million in lender liability claims and granting Wachovia and other banks $1.2 million in cash plus additional property on their counterclaims.

Corporate and Partnership/LLC Disputes

HTC

Represented HTC when HTC and Beats by Dr. Dre were sued by Monster Cable and its founder, Noel Lee, after Apple acquired Beats for over $3 billion. Monster claimed that, to facilitate and obtain the benefits of the Apple transaction, HTC and Beats had conspired to eliminate Monster’s contracts with Beats and Lee’s minority ownership interest in Beats. The defendants prevailed on summary judgment a few days before trial was to start in Los Angeles Superior Court.

Jones & Roth LLC

Represent a regional accounting firm in a class action suit alleging violations of the Oregon Securities Act and common-law duties including professional malpractice. This suit involves a claim that our client aided a large Ponzi scheme with the assistance of two co-defendant banking institutions. We negotiated a resolution which resulted in no out-of-pocket payment from our client and an assignment of our client’s claims against its insurance carriers.

Tofle Co.

Represented Tofle Co. in a complicated set of international issues and transactions arising from a lawsuit brought by our clients, a Japan-based manufacturer and its U.S. subsidiary, against a former secretary in the company who rose to serve as chairman of the board of the company as a result of her long-term liaison with the former owner and head of the company. Inappropriate transfers of stock and property took place in the United States over 20 years ago, and were only discovered by the parent company in Japan recently, resulting in litigation in both Japan and the United States. Despite Japan’s strong ties to the case, the clients defeated a motion to dismiss for lack of jurisdiction and improper venue. We worked closely with Tofle’s corporate and litigation counsel in Japan, and the dispute was settled in a confidential resolution to the mutual satisfaction of the parties.

Injunctive Relief

MediaNews Group, Inc., et al. v. Revista Publishing LLC., et al.

Superior Court of California, County of Los Angeles
Obtained a TRO and then a preliminary injunction for MediaNews Inc. and its affiliated companies, the Los Angeles Daily News Publishing Company and California Newspapers Partnership. The injunction prohibited defendants, two former employees and a competitor, from disclosing or using MediaNews’ confidential customer information and from soliciting MediaNews customers whose identities were unknown to defendants absent use of the stolen information. The matter then settled based on the terms of the preliminary injunction.

Classic Party Rentals Trade Secret Cases

Superior Court of California, County of Los Angeles
Superior Court of California, County of Santa Barbara
Obtained injunctive and monetary relief for Classic in a number of cases in which former employees illegally downloaded or otherwise stole confidential trade secret information and attempted to impart the information to their new employers and then use the information in competition with Classic. The matters were settled after obtaining the preliminary relief.

Big Fish Games V. Iwin

U.S. District Court for the Western District of Washington
Obtained preliminary and permanent injunctive relief for client Big Fish Games, in a case alleging violations of the Computer Fraud and Abuse Act, RICO, Uniform Trade Secrets Act, Unfair Business Practices Act and other statutes, based upon a competitor’s unauthorized access to Big Fish Games’ proprietary and trade secret information. The case was favorably resolved, after substantial discovery, through a confidential settlement.

Trials and Arbitrations

Confidential Client

Represented the client in a private arbitration before JAMS on claims for breach of contract, fraud, breach of fiduciary duties, constructive trust and appointment of a receiver involving a $50 million real estate development in Everett, Washington.

Pentel Co., Ltd.

Represented and obtained the reversal of a $14.6 million jury verdict against Pentel of America, Ltd. While represented by other counsel, Pentel lost a jury trial in Los Angeles County Superior Court in which the plaintiff, an advertising agency, alleged breach of contract and fraud, and was awarded over $32 million. After being retained, we won post-trial motions eliminating $18 million in fraud damages against both Pentel entities and, in the court of appeal, won reversal of the remainder of the judgment, reversal of a $1.5 million attorney fee award, and a new trial.

CenturyLink

Represented CenturyLink in a multimillion-dollar claim for breach of contract before the American Arbitration Association in Denver. The case was settled on terms favorable to CenturyLink.

CenturyLink

Represented Qwest against Covad Communications Company in separate arbitration proceedings before 14 different public utility commissions. A central issue in these proceedings was whether Qwest was required to lease components of its telecommunications network at cost-based rates or whether it was permitted to charge market-based rates. All but one commission ruled for Qwest, rejecting Covad's request for cost-based rates. John represented Qwest in its appeal of the single adverse arbitration decision, issued by the Arizona Public Utilities Commission. In a decision that had national implications, the U.S. Court of Appeals for the Ninth Circuit reversed the Arizona Commission.

HTC America, Inc. And HTC Corp. v. Personal Communications Devices, LLC

Represented HTC America and HTC Corp. in arbitration asserting breach of contract and other claims.

Synectic Ventures I, LLC, et al. v. Craig L. Berkman And Arthur Andersen, LLP, et al.*

State Court of Oregon
Jury trial representation of individual investors including public employee pension funds against venture capitalist and national accounting firm. Claims were theft, conversion, fraud and aiding and abetting by a professional services corporation. The four-week jury trial resulted in verdicts in excess of $60 million.

Dhillon v. BBC Holdings, et al.

U.S. District Court for the Western District of Washington
Defended breach of contract and other claims related to alleged shareholder investment, resulting in a bench trial and judgment for defendants. Represented defendants on appeal to the Ninth Circuit, which affirmed the district court decision.

Metalmark NW LLC v. Boggess

Representation of plaintiff Metalmark NW LLC in a federal jury trial against former associates for interference with business relations and civil conspiracy, resulting in a large jury verdict.

Metalmark NW LLC v. Stewart

Successfully represented Metalmark Northwest LLC in multiple cases in the Ninth Circuit after an AAA arbitration and a jury trial against a former partner and co-conspirator, resulting in a recovery of over $2 million.