Matters

Litigation Practice Matters

  • Represented Griffin Industries, Inc., a large California-based real estate developer, in Riverside Superior Court in prosecution of claims against its lender for breach of loan agreements. Secured favorable settlement on behalf of the client.
  • Successfully defended TVIIM, LLC in the Northern District of California against claims by McAfee, Inc. that investors engaged in inequitable conduct. Represented TVIIM, LLC in prosecution of claims against McAfee, Inc. for patent infringement and invalidity.
  • Defending Idanta Partners, Ltd. in Los Angeles Superior Court against claims by American Master Lease LLC for aiding and abetting a breach of fiduciary duty in a retrial after successfully reversing a jury award for damages on appeal.
  • Secured a trial victory in Federal District Court for the Central District of California for Mighty USA, Inc. in a breach of a distribution agreement against a Taiwanese heavy equipment manufacturer where we obtained a $6 million damage award and a $6 million punitive award.
  • Defended Adelphia Communications in the Middle District of Pennsylvania against a claim for breach of a real estate contract seeking $1 million in damages. After a three-day trial, judgment was rendered for our client. Plaintiff did not appeal.
  • Successfully defended a national recreation equipment distributor in New York State Supreme Court in product liability and catastrophic personal injury action. Secured summary judgment and dismissal of all claims.
  • Defended Dougherty Funding LLC in Minnesota District Court in a complex breach of contract dispute brought by Bremer Bank and its borrower seeking to recover $1.5 million plus costs and fees. Jury returned a complete defense verdict.
  • Represented UnitedHealth Group Incorporated (UHG) in Minnesota District Court in a jury trial against Columbia Casualty Company concerning professional liability coverage for consumer class action claims. Secured jury verdict in favor of UHG.
  • Served as appellate counsel to a 180-bed nursing home tenant in a case argued before the New Jersey Supreme Court involving a dispute with the landlord over the ownership of “Bed Rights” – all rights, title, and interest to apply for a license to operate a nursing home.
  • Defended a leading national health care provider in a $4.5 million lawsuit brought by an IT vendor claiming that our client unlawfully cancelled its contract. The defendant countersued the IT firm for $4 million and the matter was resolved favorably for our client.
  • Represented significant part of the state of California in an antitrust case stemming from the California energy crisis. The case — the largest of its kind — settled after a three-month trial for approximately $2 billion, with a $200 million attorney’s fee award approved.
  • Successfully defended claims for breach of contract under pharmaceutical license agreement resulting in $110 million in cost savings in Novozymes v. Human Genome Sciences and GlaxoSmithKline.
  • Won dismissal of all claims under the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act in proposed class action suit over calls that included recorded messages to debtors. Significantly, the judge agreed to strike all class action allegations without requiring full class certification process, agreeing with Fox attorneys that membership in the class would be impossible to determine.
  • Successfully defended a pipe restoration company in a $40 million trade secret suit in which the client was granted dismissal of all trade secret claims before trial as a matter of law.
  • Represented a defense contractor in a toxic tort action brought by residents living near a plant. Moved the matter to arbitration and resolved more than 300 claims in short period. The process effectively reduced the transaction costs and allowed the client to cover most of the settlement with existing insurance.
  • Won a $5 million-plus verdict for a condominium association after a two-week jury trial in the Philadelphia Commerce Court program arising under the Uniform Condominium Act.
  • Played leadership role on trial team in 12-week case, defending Southern Pacific Railroad in a multibillion-dollar antitrust case brought by a coal slurry pipeline company. A defense verdict was obtained.
  • Served as lead trial counsel in dispute between two surgeons over compensation owed to client. Defended against counterclaim regarding ownership interest in ambulatory surgical center. Secured $1.3 million jury verdict in favor of the client and a verdict of “no cause” on counterclaims.
  • Successfully represented a Chapter 7 Trustee in asserting claims for equity compensation arising out of dissolution of a 600-member international law firm.
  • Led the prosecution of a multimillion-dollar arbitration stemming from the sale of a business with a multitude of claims and counterclaims. Defeated the counterclaims and obtained a $900,000+ favorable judgment for the client.
  • Took over a theft-of-idea case against a consumer products company following an adverse jury verdict and a remand after a successful appeal. Obtained a multimillion-dollar settlement for the client on the eve of trial.
  • Served as one of the lead trial counsel for an entertainment and publication client in one of the largest Section 337 actions before the U.S. International Trade Commission under the federal Tariff Act to exclude goods brought into the county in violation of U.S. patent laws.
  • Routinely handle multimillion-dollar claims by homeowners associations for construction defects along with the builder/vendors’ subrogation of those claims against the responsible construction professionals.
  • Retained to represent a large pharmaceutical company during the trial of a trademark claim to handle potential appeal in the event of an adverse judgment. Following an adverse judgment, obtained a remittitur that reduced the judgment by more than $100 million and ultimately successfully represented the company on appeal.