Business Litigation Trial Rejects Claim and Awards Fees to Franchise Operator
Prevailed in multi-week jury trial representing a franchise operator being sued by a large international corporation. We were able convince the jury that the corporation’s true motive for the suit was to trump up technical arguments for wrongful termination of the franchise agreement so that the corporation could take over the profits that the franchise operator had developed. In the end, the jury completely rejected the corporation’s claim and awarded our client all of its almost $600,000 in attorneys’ fees.
Both recovered tens of millions of dollars for clients and defeated claims for tens of millions of dollars for other clients.
Defeated motion for summary judgment on contract claims that forced favorable settlement for the client on the eve of trial. This was achieved after obtaining crucial testimony in deposition of key representatives at the defendant’s company.
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.
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