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Experience
Litigation
Microtherm Inc. v. Rheem and Marathon Water Heaters
U.S. District Court for the District of Arizona
Counsel for Rheem and WHI in an action alleging, among other claims, tortious interference and violations of the Lanham Act. Pending.
ArmorWorks v. BAE Systems
U.S. District Court for the District of Arizona
Counsel for BAE Systems in defense of a $750 million claim asserting Robinson-Patman Act violations and tortious interference claims in connection with BAE Systems' purchase of ceramic tile from a supplier for use in body armor sold to the military. The matter was resolved in BAE Systems' favor on summary judgment and was later settled on terms favorable to the client.
Shacknai v. Merrill Lynch
U.S. District Court for the District of Arizona
Counsel for Merrill Lynch in defense of a multi-million-dollar claim asserting negligence, negligent misrepresentation, consumer fraud and contract breach in connection with the plaintiff's purchase of life insurance under a premium financing program. The matter was partly resolved in Merrill Lynch's favor on summary judgment and the remaining claims were settled on terms favorable to the client.
Performance Bond Surety
California Superior Court, County of Los Angeles; California Court of Appeals
Represented performance bond surety in trial and appellate proceedings 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.
IKON v. Arizona Department of Education
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
InSyst Ltd. v. Applied Materials, Inc., et al.
State Court of California
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.
Llanes-Rhodas v. Merrill Lynch, Pierce, Fenner & Smith Inc.
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
Novellus Systems Inc. v. Vitesse Semiconductor Corporation
Superior Court of California, County of Santa Clara
Represented Vitesse in a commercial landlord-tenant dispute that was settled right before the trial on terms favorable to Vitesse. 103 CV 008029
Richard G. Krauth and R.M. Wade & Company v. Phelps Dodge Corporation
U.S. District Court for the District of Arizona
Defended Phelps Dodge in action alleging infringement of patent relating to heap leach mining.
Von Wicks v. For CEOs Only, et al.
U.S. District Court for the District of Colorado
Defended client in gender discrimination case. Case settled. 04-RB-0609
Safeway Insurance Company v. Botma, et al.
U.S. Court of Appeals for the Ninth Circuit
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)
Americable International Inc. v. Telecor Inc.
Superior Court of Arizona
Obtained favorable jury verdict following two-week trial on behalf of local cable company asserting Arizona "blue stakes" claim against construction company.
School Facility/Tribal Lands
Superior Court of Arizona, Maricopa County
Represented school district on claims to recover for design and construction defects in a high school located on the Navajo reservation and on breach of contract and bad faith claims against construction bond surety. The case was resolved by settlement shortly before trial.
Hifn Inc. v. Intel Corporation
Court of Chancery of Delaware
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)
On Assignment Inc. v. Healthcare Staffing Specialists
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.
Price & Ford, P.C. v Biltmore Investors, et al.
Defended landlord against breach of contract claim involving tenant improvements.
Scriber v. Intel Corporation
U.S. Court of Appeals for the Federal Circuit
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)
TASER International Inc. v. Watkins
Superior Court of Arizona, Maricopa County
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.
Urias v. Ernst & Young LLC
Superior Court of Arizona, Maricopa County
Represented Buck Consultants in professional liability action alleging actuarial malpractice, filed by receiver of failed Arizona insurer, Premier Healthcare.
USA Tire Management Systems v. Phelps Dodge Corporation
Superior Court of Arizona
Defended Phelps Dodge in breach of contract action relating to waste tire disposal.
Groves v. Wyeth Pharmaceuticals and Dr. Subir Roy
U.S. District Court for the District of Arizona
Obtained summary judgment in favor of client against charges of sexual harassment.
Product Liability
Stryker Corporation v. Rummans
U.S. District Court for the District of Arizona
Defended manufacturer of hip replacement implant against product defect claim. Settled.
Class Action Defense
Barbara’s Sales Inc., et al. v. Intel Corporation
Circuit Court of Illinois, Madison County
Illinois Supreme Court
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)
Evenchick v. State Farm Insurance; Martin v. State Farm Insurance; Skene v. State Farm Insurance
Defended insurer against series of class actions brought on behalf of insureds alleging breach of contract and breach of duty of good faith and fair dealing.
Gluth v. Arizona Department of Corrections
Successfully represented class of Arizona inmates in civil rights litigation, obtaining and defending consent decree over period of several years.
Fitzpatrick, et al. v. Intel Corporation
Defended client in putative class action involving transfers of unclaimed or abandoned stock to California Controller. Dismissal of all claims.
Skold, et al. v. Intel Corporation, et al.
Superior Court of California, County of Santa Clara
Defended Intel in putative nationwide class action alleging violations of California's Unfair Competition Law (§17200) and Consumer Legal Remedies Act. The plaintiffs claimed that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors.
Intellectual Property Litigation
Litera v. Workshare Technology Inc.
Represented workshare in California arbitration proceedings regarding software user interface design.
Malena Produce Inc. v. Agricola San Isidro de Culiacan
Defended fruits and vegetables importer against claim for trademark infringement.
