Cryptocurrency Cases

• In re Tezos Securities Litigation. Defended investor in blockchain technology company behind Tezos’ initial coin offering (ICO). Case was one of first class action suits to allege an ICO represented unregistered sale of securities in violation of Securities Exchange Act of 1934. Obtained dismissal with prejudice of claims at pleadings stage. Decision reported at 2018 WL 4293341 (N.D. Cal. 2018).
• Shin v. ICON Foundation. Represented foundation responsible for launching network on which ICX cryptocurrency is transacted in claims against individual who exploited bug in network to generate tokens worth in excess of $9 million. In case of first impression, secured ruling that client could pursue class action claims for unjust enrichment to recover exploited tokens. Decision reported at 2021 WL 6117508 (N.D. Cal. 2021).

Corporate Governance Cases

• Holten v. Standard Parking Corporation. Represented a public company in a dispute with its former chairman and controlling shareholder over breach of fiduciary and other claims relating to the chairman’s employment contract. Case settled after favorable summary judgment ruling that the chairman’s contract was subject to Delaware’s entire fairness test. Decision reported at 98 F.Supp.3d 444.
• Castleman, et al. v. Sagaser, et al. Represented a law firm and its clients in a series of actions against a former law partner and his new firm for breach of fiduciary duties. Obtained arbitration award and judgment against lawyer and settlement from lawyer’s employer. Decision reported at 216 Cal. App.4th 481, 491.
• Paley v. Radar Networks, Inc. Defended a venture capital firm’s representative on a portfolio company board against investor’s claims of breach of fiduciary duty and fraudulent transfer in connection with the distressed sale of a company to another of the venture firm’s portfolio companies.
• Carver Family Trust, et al. v. Laboratory Skin Care, Inc., et al. Defended a corporation and board members against shareholders’ breach of fiduciary duty claims. Successfully demurred to all claims against the corporation and obtained summary judgment of all claims against the board members.
• Draper Fisher Jurvetson Management Company V, LLC, et al. v. I-Enterprise Company LLC. Defended general partner of a venture capital fund against limited partner’s claims of fraud in sale of limited partnership interest and breach of fiduciary duty in management of fund. Case settled after virtually all of the limited partner’s claims were thrown out on summary judgment.
• Bravara Communications, Inc. v. Moses Joseph, et al. Represented a corporation against a former director in a suit involving claims of self-dealing, breaches of fiduciary duty and breaches of a stock purchase agreement. Case settled after defendant’s deposition.

Patent Infringement Cases

• Ironburg Inventions Ltd. v. Valve Corp. Represented holder of video game controller patent against one of world’s largest video game developers and distributors. Obtained verdict of willful infringement in nation’s first all-virtual patent infringement jury trial.
• Capella Photonics, Inc. v. Cisco Systems, Inc. Represented holder of patent on reconfigurable optical add-drop multiplexers (ROADMs) against providers of fiber-optic switching systems, including Cisco, Infinera, Fujitsu and Ciena.

Copyright Infringement Cases

• Rebis v. Universal CAD Consultants, Inc. Represented a CAD software maker in a suit against former employees for infringement of copyrighted software. Obtained judgment of infringement, permanent injunction and contempt sanctions against infringers for violation of injunction. Decision reported at 189 F.3d 474.
• Verity, Inc. v. Broadvision, Inc. Represented an enterprise search software company in a suit for copyright infringement and breach of software license agreement against licensee.
• Yield Dynamics, Inc. v. Macrovision Corporation, et al. Defended a software company specializing in content protection and digital rights management against claims of copyright infringement. Case settled after forensic discovery of plaintiff’s CEO’s computer.
• Portrait Displays, Inc. v. Speece, et al. Represented an application software provider on claims against former employees for copyright infringement and trade secret misappropriation related to provider’s copyrighted computer display software.
• Inxight Software Company v. Verity, Inc. Represented an enterprise search software company in copyright, breach of contract and trade secret misappropriation suits against a developer of text analytics software involving parties’ cross-licensing agreements. Both actions settled after federal jury returned verdict finding the text analytics developer breached the license agreement.
• Advanced Rotorcraft Technology, Inc. v. L3 Communications Corporation. Represented a developer of flight simulation software in a suit for copyright infringement and breach of license agreement relating to its copyrighted software.

Trade Secret Cases

• AllRounds, Inc. v. eShares, Inc. dba Carta, Inc. et al. Defended venture capital firms against claims of conspiring with portfolio company to misappropriate trade secrets relating to private equity software. Obtained dismissal with prejudice of all claims on eve of summary judgment filing.
• Applied Materials, Inc. v. West Coast Quartz Corporation. Defended a company against claims of trade secret misappropriation arising out of a contract for supply of quartz parts for use in wafer fabrication machines.
• Draper Fisher Jurvetson Management LLC, et al. v. U.S. Car Market, Inc. Defended a venture capital firm accused of misappropriating alleged trade secrets contained in unsolicited business plan sent by a startup company seeking funding. Obtained dismissal with prejudice of all claims at pleadings stage.

False Advertising/Trademark Infringement Cases

• GN Resound Corporation v. RXSound Corporation, et al. Represented a medical device company in a suit for trademark infringement and breach of fiduciary duty against the company’s former chairman and CEO who started a competing company.
• Entrust Administration, Inc., et al. v. eTrustDirect, Inc., et al. Represented the administrator of self-directed IRA accounts in a suit for false advertising and trade secret misappropriation against former employees who started a competing business. Obtained judgment, including permanent injunction preventing defendants from making false or misleading claims, and award of attorneys’ fees.

Right of Publicity Cases

• Nouveau Model Talent Management, Inc. v. Skyworks Solutions, Inc. Defended a chip maker against claims by a talent agency of breach of image licenses and misappropriation of likenesses of agency’s models.

Securities and Commercial Cases

• RSMCFH, LLC v. FareHarbor Holdings, Inc. Represented investor in claims for securities fraud against company for failure to disclose material information about its capitalization, including outstanding warrants. Case settled after court denied company’s pleading challenge. Decision reported at 2020 WL 265839 (D. Hawai’i 2020).
• Oakland Bulk and Oversized Terminal, LLC v. City of Oakland. Represented developer of bulk commodity terminal in claims against city for breach of development agreement.
• Bratton v. Central California Development Group, et al. Defended investors against claims that they conspired to defraud a sophisticated developer in a series of real estate transactions. Case settled after plaintiffs’ counsel was disqualified.
• FemPharm Pty. Ltd, v. Vivus, Inc. Represented a pharmaceutical company in claims to enforce a development and commercialization agreement for drug delivery system. Secured return of rights to system after arbitration.
• One Horse Creek v. TDA Group, LLC, et al. Represented a marketing firm on claims to enforce an asset purchase agreement in connection with the sale of its business. Defeated the defendants’ misrepresentation claims and obtained an arbitration award for all amounts dues under the purchase agreement, plus attorneys’ fees.
• Kazaa, B.V. v. Stirling Bridge, Inc. et al. Defended technology company investors against claims by a third party that they induced the company to file a lawsuit in breach of an arbitration agreement between the company and the third party. Obtained dismissal of all claims and an award of attorneys’ fees in favor of clients under California’s anti-SLAPP statute.
• Fardella v. Downey Savings and Loan Association, FA, et al. Defended an S&L in a class action suit by borrowers alleging S&L’s practice of paying “yield spread premiums” to borrowers’ mortgage brokers violated California Business and Professions Code section 17200 et seq. Defeated borrowers’ motion for class certification and obtained summary judgment on all of borrowers’ claims.
• Deutsch Technology Research Company v. OrCAD, et al. Represented SPICE software developer on claims against distributor for breach of best efforts clause in distribution agreement and against distributor’s acquirer for inducing breach.
• Detjens v. Ross, et al. Represented an investor in a suit to rescind securities purchase based on promoter’s fraud. Obtained judgment for entire amount of investment, plus award of punitive damages and attorneys’ fees.
• Yield Dynamics, Inc. v. Macrovision Corporation. Obtained arbitration award, including attorneys’ fees, on behalf of a software company in a dispute over license to its electronic license management software.

Pro Bono Matters

• Republican National Committee v. Newsom and Issa v. Newsom. Partnered with Lawyers’ Committee for Civil Rights Under Law and Public Counsel to file amicus briefs on behalf of California Common Cause, League of Women Voters of California and others in defense of California’s universal vote-by-mail policies.