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Experience
Professional Liability & Securities Litigation
AMERCO Inc., et al. v. PricewaterhouseCoopers, LLP, et al.
Superior Court of Arizona, Maricopa County
Represented PricewaterhouseCoopers in defense of professional malpractice and other claims seeking more than $2.5 billion in damages.
MAJIK Enterprises, LLP v. Merrill Lynch, Pierce, Fenner & Smith Inc.
U.S. District Court for the District of Arizona
Counsel for Merrill Lynch in action seeking to vacate multimillion dollar arbitration award.
Story v. Deloitte LLP
Fourth Judicial District of Idaho, Ada County
Defense of Deloitte in an action brought by the former CEO of Pure Health Systems, Inc. (PHSI), in an action alleging breach of fiduciary duty and other misconduct in connection with the sale of PHSI to a private equity group.
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.
National Century Financial Enterprises Litigation
Counsel for PricewaterhouseCoopers in multiple securities actions.
Schmidt v. Blanchard
U.S. District Court for the District of Arizona
Represented Deloitte & Touche in derivative action alleging breach of fiduciary duties and other misconduct by officers, directors and outside auditors of eFunds Corporation.
Trapani v. Deloitte & Touche, LLP
Superior Court of Arizona, Maricopa County
Represented Deloitte in accounting malpractice action alleging professional negligence in connection with tax advice.
Aries v. Clifton Gunderson LLP
Superior Court of Arizona, Maricopa County
Represented Clifton Gunderson in an accounting malpractice action alleging fraud, breach of contract and breach of fiduciary duty in connection with tax advice.
Case Filed Against Am Law 100 Law Firm
U.S. District Court for the District of Arizona
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.
Unitech Industries Inc. v. Coopers & Lybrand, L.L.P.
Superior Court of Arizona, Maricopa County
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. Case was settled after evidence in support of a claim for $37 million in damages was excluded.
In the Matter of Coopers & Lybrand LLP: Arizona State Board of Accountancy Investigation
State Board of Accountancy of Arizona
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.
Verbic v. Lord
Superior Court of Arizona, Maricopa County
Represented Merrill Lynch in-house counsel in legal malpractice action alleging negligence, fraud and breach of fiduciary duty.
Magellan Properties LP v. KPMG Peat Marwick LLP
Represented Canadian partnership in malpractice and fraud action. Motion to dismiss granted in part and remaining claim settled.
Marrie v. Arizona State Board of Accountancy
Superior Court of Arizona, Maricopa County
Represented individual CPAs in action seeking review of administrative decision. Board of Accountancy judgment vacated and settled while on remand.
Standard Chartered PLC V. Price-Waterhouse LLP
Superior Court of Arizona, Maricopa County
Arizona Court of Appeals
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. Ariz. 6, 945 P.2d 317 (Ariz. Ct. App.1996)
Other Business Litigation
HTC v. Ericsson
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of Texas
Representing HTC in litigation challenging whether plaintiff’s licensing of cellular and Wi-Fi network patents for smartphones complied with requirements of U.S. antitrust law and plaintiff’s fair, reasonable, and non-discriminatory (FRAND) commitments to standard setting organizations.
Meinel v. The Vanguard Group Inc.
Superior Court of Arizona, Pima County
Represented defendant Vanguard as lead counsel in a fraud, breach of fiduciary duty and breach of contract case seeking millions in damages in connection with a family battle over a sizeable estate. Obtained summary judgment for Vanguard on all counts.
Move, Inc. v. Zillow, Inc.
Superior Court of Washington, King County
Represented the defendant Zillow in a trade secrets case against its largest competitor in which the plaintiffs sought approximately $2 billion in damages. After the court dismissed more than $1 billion of plaintiffs’ claimed damages, it found in favor of Zillow on allegations of spoliation, and granted several of the client’s motions for partial summary judgment. The case settled on what was scheduled to be the first day of trial.
Royal Crescent Valley, Inc. v. Lundin Gold Inc.
Superior Court of Arizona, Maricopa County
Represented plaintiff as lead counsel in breach of contract, negligence and declaratory judgment case arising out of Russian gold mine royalty created by exploration agreement. Led efforts through an international arbitration and companion Arizona suit to obtain payment from successor owners of mining rights. Obtained a favorable settlement.
UTC Laboratories, LLC v. Vantari Medical, LLC
Superior Court of Arizona, Maricopa County
Represented plaintiff as lead counsel in a complex breach of contract case arising out of dispute with genetic testing company, seeking millions in damages. Case settled favorably following summary judgment briefing.
Calisesi v. Hotchalk, Inc.
U.S. District Court for the District of Arizona
Represented university defendant in qui tam whistleblower action related to online university programs through multiple rounds of motions to dismiss and position the matter for favorable global resolution with government and relators.
Papst Licensing GMBH & Co. KG v. Altera Corporation
U.S. District Court for the Northern District of California
Represented defendant in patent infringement case related to memory testing technology. Case settled favorably following initial discovery and court’s ruling that asserted patent claims were directed to patent-ineligible subject matter.
Advanced Dynamic Interfaces v. Microsoft Corporation
U.S. District Court for the District of Delaware
Represented defendant in patent infringement case related to technology for automated generation of data entry for database management systems. Case settled favorably.
Special Value Continuation Partners LP v. Richard Bachman, et al
U.S. District Court for the District of Texas, Harris County
Defense of former officers and directors of Trico Marine Services, Inc. in an action alleging fraud, negligent misrepresentation and breach of fiduciary duty in connection with three private equity firms’ extensions of credit to Trico.
Honeywell International Inc. v. Aspen Technology Inc.
Supreme Court of New York
Represented Honeywell in a multimillion-dollar dispute arising out of Honeywell's purchase of a portion of a competitor’s process solutions business and related technology.
Garcia v. Smart & Final Inc.
U.S. District Court for the Central District of California
Represented defendant in wrongful termination action brought by former employee. Court granted Smart & Final's motion to dismiss.
Areté Holdings, Inc., et al. v. Glenn, et al.
U.S. District Court for the District of Arizona
Represented Sleep Health & Wellness and related entities in action alleging contract, fraud and negligence claims in connection with a business combination.
Hawaiian Airlines Inc. v. SabreTech Inc.
Supreme Court of Arizona
Superior Court of Arizona, Maricopa County
Represented Hawaiian Airlines in action for faulty aircraft repair and maintenance.
Class Action Defense
Garcia v. Smart & Final Inc.
Defeated plaintiffs’ motion for class certification (seeking to certify multiple classes and subclasses of transportation division employees regarding overtime, meal/rest break, wage statement and employee reimbursement claims) brought by in-house drivers of retail grocery chain.
Johnson, et al. v. Arizona Hospital and Healthcare Association, et al.
U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
Represented defendant hospitals in alleged price-fixing class action and served as counsel for defendants in opposing interlocutory appeal from partial denial of class certification.
Churosh v. Del Monte Fresh Produce N.A. Inc.
U.S. District Court for the District of Arizona
Represented defendant Del Monte in action alleging monopolization and attempts to monopolize a market for extra sweet pineapples.
Appellate
Meinel v. The Vanguard Group Inc.
Supreme Court of Arizona
Court of Appeals of Arizona
Represented defendant Vanguard as lead counsel in a fraud, breach of fiduciary duty and breach of contract case seeking millions in damages in connection with a family battle over a sizeable estate. Obtained summary judgment for Vanguard on all counts at superior court level. On appeal, decision affirmed by court of appeals and Arizona Supreme Court.
Town of Gilbert v. Maricopa County
Court of Appeals of Arizona
Superior Court of Arizona, Maricopa County
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)
Biltmore Hotel Partners v. Kabuto Arizona Properties, L.L.C.
Court of Appeals of Arizona
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)
Kabuto Arizona Properties LLC v. Biltmore Hotel Partners
Court of Appeals of Arizona
Superior Court of Arizona, Maricopa County
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. Motion to dismiss granted by trial court and affirmed on appeal.
Long v. Napolitano, et al.
Court of Appeals of Arizona
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)
Performance Bond Surety
Courts of Appeal of California
California Superior Court, County of Los Angeles
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.
Arizona Laborers, Teamsters And Cement Masons Local #395 Pension Trust Fund v. Coopers & Lybrand LLP
Supreme Court of Arizona
Court of Appeals of Arizona
Represented Coopers & Lybrand LLP 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.
