Antitrust and Unfair Competition Matters

• RMG/Designer Tickets/Prior adv. Ticketmaster:  represented Ticketmaster in Sherman Act tying, exclusive dealing, and monopolization cases brought by ticket brokers alleging that Ticketmaster's website terms of use and ticket purchase policies were anticompetitive; prevailed on motions to dismiss.
• University Ambulatory Surgery Center v. Mercy Hospital and Catholic Healthcare West:  represented defendants in exclusive dealing, tying, attempted monopolization, and unfair competition case involving provider system contracts with insurance plans; prevailed on summary judgment on all claims.
• In-Three v. Imax Corporation:  represented Imax in patent infringement and antitrust lawsuit involving technologies surrounding the conversion of 20 live action film to 3D; prevailed on enjoining competitive processes and defeated antitrust counterclaims.
• Musicmatch v. Gracenote:  represent Musicmatch case involving alleged patent infringement and Section 1 and 2 allegations of monopolization through patent fraud (Walker Process) of market of on-line digital music services (prevailed on summary judgment of non-infringement and patent invalidity).
• Brian Barry v. Fortis Health:  represented Fortis in California state court class action and UCL (17200) matter alleging illegal use of database to calculate health insurance reimbursements (prevailed on demurrer).
• Tickets.com v. Ticketmaster:  represent Ticketmaster in Section 1 and 2 and UCL (17200) case alleging illegal exclusive dealing and monopolization of ticketing services market (prevailed on summary judgment).
• Lipschutz v. At Home Corporation, et al.:  represented Excite@Home in nationwide consumer class action brought under Sherman Act Section 1 alleging tying of internet service with cable services provided by major cable companies (AT&T, Cox, Comcast, etc.) (defeated motion for class certification).
• Kimmel v. DowAgro Sciences:  represented DowAgro (subsidiary of Dow Chemical) in Section 2 monopolization case and Section 1 tying case alleging monopolization of pesticide market (prevailed on summary judgment).
• Nu-Kote v. Hewlett Packard:  represented HP in five year litigation ending in 3 month jury trial on Section 2 allegations regarding monopolization of aftermarket for ink supply to HP inkjet printers (prevailed in jury trial).
• In re Airline Ticket Commission Antitrust Litigation:  represented American Airlines in Sherman Act Section 1 case brought by nationwide class of travel agents alleging price fixing arising out of the 1995 commission caps implemented by seven major airlines (settled).
• Iwerks Entertainment v. Imax Corporation:  represented Imax Corporation in Section 2 case alleging that Imax had illegally monopolized market for large format projection systems (prevailed on summary judgment).
• Imax v. Showscan Entertainment:  represented Imax Corporation in Clayton Act Section 7 case enjoining merger that would have tended to create monopoly in ride simulator market (injunction granted for Imax).
• United States v. Menasco:  represented Menasco in federal criminal prosecution under Section 1 for price fixing in airplane landing gear industry.
• TUC v. Sante Fe Railroad:  represented Santa Fe in Section 2 case alleging monopolization of coal transportation market under Section 2 (settled).
• United States v. Metromedia:  represented Metromedia in federal criminal prosecution under Section 1 alleging bid rigging and territorial allocation in outdoor advertising industry (FRCP 11 plea).

Trials/Arbitrations

• Adderley v. National Football League Players Association:  co-lead trial counsel in class action by retired NFL football players against their union for failure to pay licensing royalties; prevailed on all claims and obtained $28.1 million jury verdict.
• United States v. Anthony Pellicano, et al:  lead trial counsel; represented Los Angeles Police Department Sgt. Mark Arneson (ret.) in federal criminal trial involving charges of RICO (racketeering), "honest services" wire fraud, identity theft, computer fraud, and unauthorized access to government computer systems.
• Caremore v. Blue Shield of California:  counsel to Blue Shield in arbitration involving breach of contract and fraud claims.
• Accuride v. Parco:  lead trial counsel; represented Parco in trial on fraud, breach of contract and interference claims arising out of environmental contamination on industrial land site; prevailed on bench trial claims and final favorable settlement reached prior to jury verdicts.
• Xu v. MetLife:  represented Metlife in NASD arbitration; arbitration award in favor of Metlife.
• Gracenote v. Musicmatch:  lead trial counsel; represented Musicmatch in federal trial on patent inequitable conduct allegations and jury trial on breach of contract, tortuous interference, and unfair competition allegations; favorable settlement reached prior to jury verdicts.
• Nu-Kote v. Hewlett-Packard:  civil jury trial (patent and antitrust); prevailed in defense jury verdict on all antitrust claims.
• United States v. Heidi Fleiss:  federal criminal jury trial (money laundering and tax evasion).
• Merken v. Adventist Health System West:  AAA arbitration (health care fraud).
• United States v. Lothian:  federal criminal jury trial (mail and wire fraud); successful Ninth Circuit appeal.
• United States v. Barrientos:  federal criminal jury trial (immigration fraud).
• United States v. Parker:  federal criminal jury trial (RICO, money laundering, bank fraud); Ninth Circuit appeal and habeas proceedings.
• People v. Jetton:  California state criminal jury trial (assault w/ deadly weapon) (defense verdict).
• People v. Vireo Manufacturing:  California state criminal bench trial (hazardous waste disposal); defense judgment.

Major Class Actions/17200 Actions/Qui Tam

• Herbert/Bentley/Cunningham v. Endemol USA et al:  represent NBC, Endemol, Don Jagoda, and other defendants in putative national class action alleging that text message games violate lottery laws.
• Couch v. Telescope et al:  represent Fox TV, American Idol, Fremantle Entertainment, and other defendants in putative national class action alleging that American Idol promotions violate unfair competition statutes.
• Mancini v. Entertainment Partners, Ticketmaster, lAC et al:  represent defendants in putative national class action alleging violations of consumer legal remedies act, unfair competition laws, and fraud arising of Entertainment Rewards enrollment process.
• All Direct Travel v. Delta Air Lines:  represented Delta in breach of contract class action involving travel agent booking practices (prevailed as class certification denied).
• Scott v. Tenet Healthcare Corp.:  represented Tenet in qui tam action under False Claims Act (prevailed on summary judgment).
• Robinson v. Avis:  represented Avis in consumer classaction (prevailed on summary judgment).
• Earley v. Home Savings of America:  represented Home Savings in wage and hour class action (prevailed as class certification denied); 17200 claim dismissed.