Matters

Bad faith and contract claims

Defeated motion for summary judgment against insurance carrier on bad faith and contract claims that forced a favorable settlement to the client on the eve of trial.  This was achieved after obtaining crucial testimony in deposition of key representatives at the carrier.

Bet-the-Company

Obtained $2M judgment at trial for developer in indemnity/breach of contract related to development of a Vegas resort property.

Chief Operating Officer – Business Litigation

Phil successfully defended the chief operating officer of a publicly traded cable company in a $200 million, bet-the-company lawsuit over the company’s acquisition of most of its markets.  The jury returned a defense verdict at the conclusion of a four-week trial.

Complex Business and Bankruptcy Litigation

Second chaired and successfully litigated 11 U.S.C. § 523 claims on behalf of multiple, unsecured creditors in a three-day bench trial in the United States Bankruptcy Court for the Southern District of California.

Complex Tort Litigation

Defended Fortune 100 client in a complex tort action involving breach of contract, elder abuse, unfair competition, product liability, negligence, and other related claims.

Limited Liability Company specializing in high-end developments and construction

In a complex business litigation matter, successfully defend and bring claims regarding business divorce, breaches of fiduciary duty, frauds, and breach of contract.

Los Angeles Inverse Condemnation

Represented large Los Angeles’ entertainment venue in inverse condemnation, nuisance, and 42 U.S.C. §§ 1983, 1985, and 1986 action against the City of Los Angeles and the Los Angeles Police Department.

Publicly Traded Company/Breach of Contract

Represented plaintiff in prosecution of breach of contract claim predicated on defendants’ disparagement of client via the internet and email using fake online personas obtaining damage award and permanent order of injunction against the defendants.  Proved client’s claims by obtaining evidence of internet protocol addresses and financial transactions to prove defendants were source of disparaging content.  Litigious nature of defendants resulted in the filing of 28 separate motions where client prevailed on all but two, one which was mooted by client’s stipulation to transfer venue, and the other was a motion to quash a deposition subpoena (prepared by prior attorney) that was granted without prejudice to allow for client to reserve subject to nominal limitations.  Successfully defended cross-complaint and derivative malicious prosecution action through anti-SLAPP motions.

Publicly Traded Company/Class Action,Consumer Law, Privacy

Represented client in defense of federal class action alleging violations of the Fair Debt Collection Practices Act, Gramm-Leach-Bliley Act, California’s Unfair Competition Law, and negligence obtaining summary judgement as to all claims prior to class certification.

Successfully defended against business tort claims and claims of “imputed partnership” for real estate investor in week-long bench trial

Two real estate investors with properties in California, Nevada, and Texas terminated their relationship, after which, the other party alleged the two had actually been “partners” and asserted claims of fraud and other business torts, as well as claims of an “imputed partnership” with the client, seeking damages of nearly $8 million.  Defense judgment issued as to all tort and partnership claims.