Profile

For over 30 years, Mark LeHocky has mediated, managed and resolved hundreds of cases nationwide ranging from intellectual property, antitrust and other business disputes, class and individual consumer and employment cases, PAGA claims, malpractice actions, as well as individual and mass torts. For this work, Mr. LeHocky has been repeatedly recognized among the Best Lawyers in America for Mediation©.

Mr. LeHocky’s approach is shaped by having worn nearly all professional hats in the legal arena – as a litigator representing plaintiffs and defendants, a public company general counsel resolving hundreds of litigation matters, and a private arbitrator and pro tem judge, and a senior executive and client. Central to all this work is helping decision makers of all types make realistic, risk-based choices based upon alternative scenarios and the practical tradeoffs of different courses. As a mediator, Mr. LeHocky uses all of his varied experience to help craft appropriate resolutions for everyone.

AREAS OF EMPHASIS

  • Business and Commercial
    • Consumer Class Actions
    • Antitrust / Unfair Competition
    • Contractual
    • Fraud / Misrepresentation
    • Intentional Interference
  • Employment
    • Class Actions
    • PAGA Actions
    • Discrimination
    • Labor Code
    • Wrongful Termination
  • Insurance
    • Coverage
    • Subrogation
  • Intellectual Property
    • Patent
    • Trademark
    • Copyright
    • Trade Secret
    • Right of Publicity
  • Mass and Individual Torts
    • Mass torts (Fire / Catastrophic Loss)
    • Individual Torts
  • Professional Liability
    • Attorneys
    • Accountants
    • Real Estate Brokers
    • Architects
  • Real Estate
    • Sales Transaction Disputes
    • Development Contract Breaches
    • Nuisance /Quite Enjoyment
    • Partition
    • Lease Disputes

PROFESSIONAL EXPERIENCE

Private Mediator and Arbitrator (2012-Present)

First appointed as a mediator for the federal courts in 1999, Mr. LeHocky’s nationwide mediation practice includes state and federal actions involving: Intellectual Property (patents, copyrights, trademarks and trade secrets), Employment (class and individual cases), Consumer (class and individual cases), Commercial, Antitrust, Unfair Competition and Contract actions, Insurance Coverage and Indemnification disputes, Real Estate transactions, and Business Acquisition and Dissolution disputes.

Senior Vice President, General Counsel and Corporate Secretary, Ross Stores, Inc. (2007-2012)

Ross is an S&P 500 and NASDAQ 100 company (ROST) and the second largest off-price retailer in the United States. As Senior Vice President and General Counsel, Mr. LeHocky:

  • Managed all major litigation, including class and individual employment, intellectual property, privacy and contract litigation, as well as government and private investigations.
  • Created a company-wide early dispute resolution program to accelerate disposition of all civil cases.
  • Established new intellectual property protection programs to acquire and maintain key IP assets and pursue enforcement actions as needed.

Vice President, General Counsel and Corporate Secretary, Dreyer’s Grand Ice Cream, Inc. (2000-2007)

Dreyer’s, now a subsidiary of Nestlé, S.A., is the largest U.S. manufacturer and distributor of ice cream products. Prior to merging with Nestle, Dreyer’s was a Fortune 1000 public company. As General Counsel, Mr. LeHocky:

  • Managed all of Dreyer’s employment, contract, intellectual property, and commercial litigation.
  • Helped design and execute a two-stage merger transaction with Nestlé, S.A., combining Nestlé’s U.S. ice cream operations with Dreyer’s pre-existing operations.
  • Managed the defense and resolution of the Federal Trade Commission’s antitrust challenge to the Dreyer’s/Nestlé merger, as well as contemporaneous government investigations.
  • Negotiated multiple acquisitions of other brand, manufacturing and franchise businesses, as well as patents, trademarks and other technology rights.
  • Trained Nestlé’s international legal team on litigation management and dispute resolution.

Principal, Freeland, Cooper, LeHocky & Hamburg (1987-2000)

Mr. LeHocky managed the complex litigation practice of this boutique law firm, prosecuting and defending intellectual property, employment, antitrust, commercial and class action disputes, and representing clients including Apple, AT&T, Dreyer’s and Met Life.

Prior to the Freeland law firm, Mr. LeHocky honed his litigation skills at two other San Francisco law firms: Wilson, Ryan & Campilongo, and Khourie & Crew (a litigation spinoff of Broad, Khourie & Schulze).

EDUCATION

  • J.D., University of California, Berkeley School of Law
  • B.A., University of California, Los Angeles, Magna Cum Laude

PROFESSIONAL HONORS

  • Voted a Best Lawyer in America for Mediation by Best Lawyers®, 2016-2021
  • 2017 California Mediator of the Year by Global Law Experts
  • Distinguished Fellow, International Academy of Mediators (2015)

PROFESSIONAL ORGANIZATIONS / TEACHING

  • Adjunct Professor, U.C. Berkeley School of Law (2020-Present)
  • Adjunct Professor, U.C. Berkeley Haas Graduate School of Business (2018-2020)
  • Adjunct Professor, Mediation Advocacy, University of California, Davis School of Law (2015-2016)
  • Co-Chair, ABA Dispute Resolution Section Mediation Committee (2017-2019)
  • Chair, Contra Costa County Bar Association ADR Section (2018-2019)
  • Co-Chair, ADR-Arbitration Committee, Bar Association of San Francisco (2016-Present)

Representative Cases

Business / Commercial

  • Plaintiff employer alleges unfair competition, breach of fiduciary duty, and breach of employee duty of loyalty against defendant employees based upon employee’s surreptitious formation and operation of competing business while still employed by plaintiff. Plaintiff seeks disgorgement of all compensation paid to employees as well as disgorgement of profits from defendant's competing business. Defendant employees cross-claim for unpaid commissions.
  • Breach of employment agreement and misrepresentation claims by start up executive against employer following refusal of employer to permit executive to exercise options at strike price set in stock plan agreement.
  • Breach of asset purchase agreement, trademark infringement and unfair competition claims by purchaser of business against seller alleged to have reneged on agreement’s term, including continuing use of trademark following sale of all intellectual property to purchaser.
  • Plaintiff, chief medical officer for defendant start up biotechnology company, alleges breach of contract, fraud, retaliation in violation of federal false claims act, etc. Over defendants alleged failure to pay promised compensation and submission of false information in support of grant application.
  • Case not settled where plaintiff international food product distributor, alleges that defendant failed to honor contract exclusivity for plaintiff allegedly causing plaintiff lost sales and reputation harm.
  • Plaintiff event promoter alleges breach of contract, misuse of confidential information and quantum merit against international media company following termination of business relationship between plaintiff and defendant.
  • Plaintiff employer alleges unfair competition, breach of fiduciary duty, and breach of employee duty of loyalty against defendant employees based upon employee’s surreptitious formation and operation of competing business while still employed by plaintiff. Plaintiff seeks disgorgement of all compensation paid to employees as well as disgorgement of profits from defendant's competing business. Defendant employees cross-claim for unpaid commissions.
  • Multi-party property damage, insurance subrogation, indemnification cross-actions stemming from fire destroying multiple buildings and businesses in California.
  • Plaintiff lessee of commercial property claims that defendant landlord committed fraud, misrepresentation, franchise law violations and other business torts arising out of failed business. Defendant landlord cross claims for breach of lease.
  • Plaintiff physician alleges that defendant medical practice breached compensation agreement, defrauded and defamed plaintiff after plaintiff complained of alleged fraudulent billing practices by defendant.
  • Consumer class action against automobile manufacturer claiming violations of California Consumer Legal Remedies Act (CLRA) and Song Beverly Consumer Warranty Act, based upon alleged defective clutch assembly and failure to disclose allegedly known defect
  • Settled a very high seven figure matter where the plaintiff invested funds that the defendant used with a third party for a sham transaction, thus breaching their contract. Defendant cross claimed for recission based upon alleged false statement to induce the purchase agreement.
  • ANTITRUST / UNFAIR COMPETITION

    • Unfair business practices action against company alleged to have misrepresented services provided to plaintiff through intermediary.

    • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs’ contractual relationships.

    • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.
  • BUSINESS / CONTRACTUAL

    • Breach of contract and False Claims Act action by regional governmental entity against technology provider, based upon alleged failure of provider to provide operable software needed to ensure entity’s compliance with California Health & Safety Code requirements.

    • Breach of contract, fraud and conversion claims by plaintiff journal editor alleging that defendant publisher concealed and failed to pay royalties for decades, and also claiming that plaintiff and defendants were joint venturers in development of journal, entitling plaintiff to disgorgement of defendant’s profits.

    • Breach of contract, interference with prospective advantage and statutory unfair competition action by technology service provider against customer alleged to have poached key project leader in violation of non-solicitation agreement.

    • Breach of contract and equitable indemnity claim by government entity against technology service provider alleging that provider failed to provide insurance coverage and defense, arising from third party patent and copyright infringement action against government entity.

    • Partnership dissolution dispute following death of business co-founder, alleging accounting irregularities, misuse of partnership assets, and failure to timely dissolve or properly value business.

    • Breach of contract and misrepresentation claims arising out of agreement between technology service and crowd-sourcing provider and customer involving alleged failure to perform and cross-claims for payment.

    • Breach of contract, fraud and fraudulent concealment claims by regional hospital against national service provider

    • Breach of professional services agreement claims combined with cross-claims for malpractice between accountant and former client

    • Breach of contract claims against Bay Area school district by private educational organization alleging non-performance and related business torts; cross-claims also alleged contractual breaches, allegedly excusing defendant’s non-performance.

    • Interpleader action involving three party dispute over ownership of unique and historically significant property stolen decades ago and subsequently obtained and claimed by adverse party.

    • Breach of contract action by US Small Business Administration against foreign and domestic partnership over failure to make capital contributions and alleged justifications for not doing so. Mediation conducted in person and via Skype with multiple international parties in three different countries.

    • Breach of contract action by manufacturer of wind turbine generator against purchaser for alleged failure to perform, with cross-action alleging failure of defendant to deliver turbine meeting disputed performance standards.

    • Breach of contract action by CFO of public employee union alleging executive terminated without cause in violation of employment agreement.
  • CONSUMER CLASS ACTION

    • Unfair business practices statutory claims, data privacy and breach of contract claims asserted on behalf of purported class of consumers and owners of digital devices utilizing defendant’s operating system and related applications.

    • Data privacy and unfair business practices claims asserted on behalf of purported class of consumer / customers of defendant international clothing chain, alleging breaches stemming from data breach and disclosure of customer information.
  • FRAUD / MISREPRESENTATION

    • Federal False Claims Act, fraud and breach of contract claims against biotech start-up company, alleging that company misled government and private investors as to the development of the underlying technology and use of funding resources.

    • Fraud and misrepresentation, breach of contract and defamation by seller of patented renewable energy technology against purchaser, alleging that seller acquired seller’s assets in order to suppress seller’s technology in favor of competing technology.

    • Plaintiff editor asserts fraud, joint venture and breach of contract claims against publisher, alleging publisher failed to pay royalty income and concealed underpayments for decades.

    • Federal False Claims Act action against regional hospital and medical testing company allegedly charging for unneeded medical tests.

    • Fraud and misrepresentation action filed by founder of social media start-up against defendants who allegedly contracted to purchase plaintiff’s shares in start-up then reneged on such contract, triggering multi-million dollar loss for plaintiff.

    • Fraudulent transfer / successor liability action by international medical products supplier alleging fraudulent transfer of business assets to third party acquirer.
  • INTENTIONAL INTERFERENCE

    • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.

    • Intentional interference, breach of contract, non-compete and trade secrecy agreement action by manufacturer against former employee who left plaintiff to work for competitor
  • INSURANCE COVERAGE

    • Multi-party property damage, insurance subrogation, indemnification cross-actions stemming from fire destroying multiple buildings and businesses in California, resulting in a seven figure settlement.

    • Breach of contract, indemnification, subrogation and related coverage dispute among public utility and its contracting parties arising out of major California wildfire.

    • Coverage dispute stemming from resolution of patent, trademark and copyright action following pre-trial summary judgment and subsequent jury trial determinations.

    • Coverage dispute arising from federal false advertising, trademark infringement and counterfeiting action.

view all

Class Action

  • Consumer class action against automobile manufacturer claiming violations of California Consumer Legal Remedies Act (CLRA) and Song-Beverly Consumer Warranty Act, based upon alleged defective clutch assembly and failure to disclose allegedly known defect.
  • Plaintiff asserts class action and Private Attorney General Act claims against defendant, asserting that plaintiff and co-workers were employees under California law yet misclassified as independent contractors. Plaintiff seeks PAGA statutory penalties, unpaid overtime and meal and rest break penalties, waiting time penalties and employer contribution for Social Security and Medicare benefits.
  • Lanham Act statutory claims (false designation of origin, false advertising, unfair competition) asserted on behalf of purported class of coffee growers against multiple national retailers and competing producers of coffee products, alleging defendants misrepresented content and origin of products.
  • Wage and hour class action on behalf of current and former non-exempt, hourly paid employees of defendant supermarket chain, alleging unpaid overtime, meal and rest break violations, failure to reimburse for business expenses, and related PAGA claims.
  • Putative class action on behalf of food preparation and delivery employees against corporate catering service business, alleging failure to pay overtime, failure to pay for missed meal and rest breaks, wage statement violations and related PAGA claims.
  • Putative class action and PAGA claims against defendant employer based upon alleged misclassification of plaintiff and co-workers as independent contractors. Plaintiffs seek PAGA penalties, unpaid overtime and meal and rest break penalties and contributions for Social Security and Medicare benefits.
  • Proposed class action by plaintiff truck drivers against employer trucking/delivery company alleging wage and hour, meal break and rest break violations and related PAGA claims against employer entity as well as alleged successor liability following asset purchase transaction.
  • Consumer class action alleging deceptive and false advertising by the seller and manufacturer of battery packs for personal electronic devices.

view all

Employment

  • Plaintiff, a residential care worker, alleges wrongful termination, retaliation, gender and disability discrimination, failure to accommodate and wage and hour violations against residential care company employer.
  • Plaintiff alleges intentional misrepresentation by defendant employer in mis-describing role and responsibility of job position accepted by plaintiff, triggering double damages pursuant to California Labor Code Section 970.
  • Plaintiff alleges sexual harassment, racial discrimination, and failure of defendant employer to promptly investigate and prevent harassment or discrimination. Plaintiff also alleges retaliation and wrongful termination following plaintiff's complaints.
  • Plaintiff asserts class action and Private Attorney General Act claims against defendant, asserting that plaintiff and co-workers were employees under California law yet misclassified as independent contractors. Plaintiff seeks PAGA statutory penalties, unpaid overtime and meal and rest break penalties, waiting time penalties and employer contribution for Social Security and Medicare benefits.
  • Plaintiff, long-term employee of defendant, alleges wrongful termination in violation of public policy, disability discrimination, failure to accommodate, retaliation, and defamation per se, after plaintiff disclosed cancer diagnosis and was subsequently terminated.
  • Plaintiff employer alleges unfair competition, breach of fiduciary duty, and breach of employee duty of loyalty against defendant employees based upon employee’s surreptitious formation and operation of competing business while still employed by plaintiff. Plaintiff seeks disgorgement of all compensation paid to employees as well as disgorgement of profits from defendant's competing business. Defendant employees cross-claim for unpaid commissions
  • Plaintiff, former general manager of defendant corporation, asserts whistleblower claims pursuant to CA Labor Code Section 1102.5, et seq. as well as wrongful termination in violation of public policy, following plaintiff's reporting of alleged immigration and tax fraud and subsequent termination.
  • Plaintiff alleges disability discrimination, wrongful termination and retaliation against defendant employer following employer's reduction in force (RIF) eliminating operating division that included plaintiff and providing plaintiff and other eliminated positions with alternative positions declined by plaintiff.
  • Former partner of national law firm alleges breaches of fiduciary duties against law firm and managing partners triggered by firm’s expulsion of partner following partner’s claims of gender discrimination and violation of ethical and professional standards at firm.
  • Whistleblower retaliation (CA Labor Code), wrongful termination in violation of public policy, negligent hiring and retention, and unlawful business practices claim by employee terminated following disclosure of alleged misuse of corporate assets by executive.
  • Plaintiff alleges race and religious discrimination, retaliation, and various wage claims following defendant employer's reduction in force eliminating plaintiff and other positions and subsequent failure to rehire plaintiff.
  • Gender discrimination, retaliation, and wrongful termination in violation of public policy. Claims by employee against employer organization following plaintiff's request for accommodation and defendant's subsequent termination of plaintiff.
  • Handled a case involving a Private Attorney General Act (PAGA) representative action alleging that a global retailer allegedly failed to provide suitable seating to the retailer's salespeople.
  • Handled a case in which multiple plaintiffs - all former employees of a non-profit organization - alleged wage and hour violations, along with constructive termination and defamation following plaintiffs' alleged complaints of legal violations.
  • Plaintiff asserts class action and Private Attorney General Act claims against defendant, asserting that plaintiff and co-workers were employees under California law yet misclassified as independent contractors. Plaintiff seeks PAGA statutory penalties, unpaid overtime and meal and rest break penalties, waiting time penalties and employer contribution for Social Security and Medicare benefits.
  • Plaintiff, long-term employee of defendant, alleges wrongful termination in violation of public policy, disability discrimination, failure to accommodate and retaliation, and defamation per se, after plaintiff disclosed cancer diagnosis and was subsequently terminated.
  • Plaintiff alleges wrongful termination, disability discrimination, retaliation and misclassification as exempt employee following plaintiff's claimed termination subsequent to plaintiff's work-related injury.
  • Plaintiff, former general manager of defendant corporation, asserts whistleblower claims pursuant to CA Labor Code Section 1102.5, et seq. as well as wrongful termination in violation of public policy, following plaintiff's reporting of alleged immigration and tax fraud and subsequent termination.
  • Plaintiff alleges wrongful termination and retaliation following plaintiff's complaint of sexual harassment by co-worker, co-worker's subsequent termination, and defendant employer's alleged failure to prevent a hostile work environment and then terminating plaintiff for complaining of hostile work conditions.
  • Plaintiff alleges sexual harassment and racial discrimination and failure of defendant employer to promptly investigate and prevent harassment or discrimination. Plaintiff also alleges retaliation and wrongful termination following plaintiff's complaints.
  • Mediated a sexual harassment and national origin discrimination case where there was constructive discharge in violation of public policy based upon plaintiff's allegations of hostile workforce based on sex, race, and national origin against employer.
  • Settled a matter where the plaintiff employee alleges wrongful termination, race, and disability discrimination against employer.
  • DISCRIMINATION

    • Plaintiff alleges race and religious discrimination, retaliation and various wage claims following defendant employer’s reduction in force eliminating plaintiff’s position, and then subsequently failing to rehire plaintiff when employer hired back several employees.

    • Disability discrimination, Wrongful termination in violation of public policy, and Retaliation in violation of FEHA claims by employee alleging that employer terminated her due to her disability, rather than as part of reduction in force layoff of more than a dozen other employees.

    • Disability discrimination, Failure to provide reasonable accommodation, Retaliation and Wrongful termination in violation of public policy, and Negligent infliction of emotional distress claims by employee alleging being denied accommodation, then retaliated against and terminated by retailer defendant.

    • Disability discrimination lawsuit alleging plaintiff wrongfully terminated while on doctor-ordered leave of absence for psychiatric disability, along with claims for failure to reasonably accommodate or enter into interactive process, retaliation for seeking protective leave, and termination in violation of public policy.

    • Racial discrimination, defamation, wrongful termination and retaliation action by employee alleging that employer fired employee for complaining of co-worker’s use of racial epithets.

    • Discrimination, harassment, retaliation and wrongful termination suit by employee claiming sexual orientation and disability discrimination against medical practice employer.

    • Federal Title VII civil rights race discrimination and retaliation action against nationwide healthcare service provider, asserting a series of racially motivated adverse actions against plaintiff.

    • Single plaintiff California FEHA and ERISA action against Bay Area governmental agency alleging race and age discrimination, retaliation, constitutional violations and physical assault of plaintiff employee.

    • Age discrimination action filed by the EEOC on behalf of multiple claimants alleging that Bay Area municipality failed to hire claimants on the basis of their age in violation of the ADEA.

    • Age discrimination and whistleblower action claiming that defendant employer targeted plaintiff for termination based upon his age and complaints of alleged illegal activity.

    • Disability discrimination / wrongful termination claims under FMLA, FEHA and CFRA alleging that employee was denied medical leave, then fired, after reporting illness.

    • National origin harassment and retaliation action by the EEOC claiming that defendant bakery verbally abused employee with racial and ethnic epithets, wrongfully discharged her and then retaliated against her by filing a defamation lawsuit against the employee.
  • LABOR CODE

    • Multi-plaintiff action claiming multiple CA Labor Code violations, alleging that defendant employer failed to pay minimum wage, failed to pay overtime or provide required meal and rest breaks, failed to pay earned wages upon termination, and failed to reimburse employees for work-related expenditures.

    • Plaintiff, outside sales representative for nationwide software company, alleges misclassification, failure to pay overtime and wrongful termination under federal and state laws.

    • Plaintiffs, employees of defendant shipping company, allege violations of California Labor Code and wrongful termination in violation of public policy based upon defendant’s suspension of plaintiffs pending resolution of citations.
  • WRONGFUL TERMINATION

    • Whistleblower retaliation (CA Labor Code), FEHA retaliation (CA Government Code), Statutory retaliation, Wrongful discharge in violation of public policy, Statutory misrepresentation and Breach of contract claims by employee alleging that employer terminated him after employee raised health and safety code violations and after employee claimed workers compensation benefits.

    • Sexual harassment, wrongful termination and retaliation claims by employee allegedly terminated following her rejection of sexual advances by her manager.

    • Multi-plaintiff California FEHA age discrimination, retaliation and wrongful termination claims against national retailer arising from retailer’s termination of all plaintiffs for alleged violations of company policy. Plaintiffs claimed grounds given for termination were pretext for discriminatory termination decisions.

    • Single plaintiff wrongful termination, defamation, fraud and Bus. & Prof. Code § 17200 action based upon claim that plaintiff was falsely imprisoned and coerced into confessing theft from defendant employer.
  • CLASS ACTIONS

    • Wage and hour class action: Plaintiff hotel workers allege failure to pay overtime wages or minimum wages, failure to provide compliant meal and rest periods, failure to furnish accurate wage statements, unfair competition and PAGA violations against defendant hotel owner.

view all

Intellectual Property

  • Plaintiff food brokerage business alleges misappropriation of trade secrets and unfair competition against former senior executive and competing brokerage business following executive’s departure from plaintiff and subsequent hiring of multiple former employees of plaintiff.
  • Case not settled where intellectual Property/Plaintiff insurance company alleges misappropriation of trade secrets, conversion, and unfair competition against former sales agent and competing insurance company claimed to have improperly converted plaintiff's customers.
  • Handled a case involving copyright infringement, right of publicity and false designation of origin claims by the plaintiff against a former business partner who cross-claimed for copyright infringement, declaration of joint authorship, and ownership of underlying works.
  • Settled a case for a seven-figure sum in which the plaintiff, an insurance broker, claimed trade secret misappropriation under federal and California law against former employee and independent contractor sales representatives. The defendant filed a cross-claim for alleged non-payment of commissions owed.
  • Intellectual manufacturer/seller of video game consoles alleges trademark infringement against competing game console manufacturer/seller, alleging that defendant's registered trademark is confusingly similar to and infringes plaintiff's registered trademark.
  • Plaintiff - worldwide manufacturer and reseller of LED products - alleges that defendant online retailer sold products that infringe on multiple patents registered to plaintiff. Defendant retailer cross-claims against third party importer/reseller of accused products, alleging claims for implied and equitable indemnity.
  • Patent infringement action by international manufacturer of light emitting diode (LED) components against consumer electronics retailer alleging that retailer sold electronic products containing components infringing manufacturer's patent portfolio.
  • Plaintiff non-practicing entity alleges that defendant willfully infringing two of plaintiff's patents involving network communication devices. Defendant denies infringement as well as use of patented invention.
  • Plaintiff owner of registered trademark alleges willful infringement in violation of Lanham Act by defendant competitor over ten + year period. Defendant denies infringement, claims trademark invalid and assets laches and statute of limitations bar claims.
  • COPYRIGHT

    • Copyright and trademark infringement action by software developer against defendant reseller, based upon defendant’s sale of OEM, academic or educational versions of plaintiff’s software while allegedly misrepresenting those products as “full version” products.

    • Copyright infringement / breach of contract action by software developer alleging that defendant breached enterprise software license agreement, concealed alleged breach, and willfully infringed plaintiff’s copyrights.
  • PATENT

    • Plaintiff – worldwide manufacturer and reseller of LED products – alleges that defendant online retailer sold products that infringe on multiple patents registered to plaintiff. Defendant retailer cross-claims against third party importer / reseller of accused products, alleging claims for implied and equitable indemnity.
    • Plaintiff non-practicing entity alleges that defendant willfully infringed two of plaintiff’s patents involving network communication devices; defendant denies infringement as well as actually practicing the invention as claimed.

    •Patent infringement action alleging defendant willfully infringed plaintiff’s patented technology to improve processing speed after defendant sought its own patents on allegedly similar technology, while defendant denies ever implementing the subject technology in its devices.

    • Patent infringement action alleging direct, indirect and induced infringement filed by technology provider against defendant manufacturer of software, cloud services, tablets, smartphones and gaming consoles, involving apparatus for live streaming of video.

    • Patent infringement against over twelve defendant retailers alleging that defendants’ e-commerce websites infringe plaintiff’s patent covering system to search terms via category descriptions.

    • Action alleging willful infringement of multiple patents involving audio / visual Internet-facilitated conferencing through SSL / TLS protocols.

    • Patent infringement action by manufacturer and university plaintiffs against nationwide online retailer alleging infringement of eight patents covering light emitting diode technology

    • Patent infringement action alleging that defendant manufacturer intentionally copied and infringed plaintiff’s patented design on fishing tackle equipment.

    • Patent infringement action and cross-action contesting the validity of multiple patents between competing manufacturers / retailers of high-end recreational sports equipment.

    • Patent infringement complaint alleging that multiple patents developed and owned by plaintiff were infringed by defendant – a worldwide developer / seller of consumer electronic products. Underlying patent claims involved mobile devices and innovations in the field of augmented reality.

    • Patent infringement action claiming direct, indirect and induced infringement, filed by technology and software company against defendant developer manufacturer of software, cloud services, tablets, smartphones and gaming consoles. Action involved method and apparatus for live streaming of video over the Internet.

    • Patent, trademark and copyright infringement action alleging that defendants had produced and sold counterfeit versions of plaintiff’s smartphone device products.

    • Patent and trademark infringement action alleging misappropriation and infringement of plaintiff’s intellectual property underlying performance motion capture technology.

    • Patent and trade dress infringement action alleging that defendants infringed plaintiff’s design patent and trade dress applicable to toy products sold internationally.

    • Multiple consolidated patent infringement actions by against various manufacturers or resellers of light emitting diode (LED) lightbulbs with epitaxial film grown on substrates, which allegedly infringe plaintiff’s patent.
  • RIGHT OF PUBLICITY

    • Right of publicity and trademark infringement action by individual and corporation against worldwide developer of computer gaming equipment, alleging misappropriation and misuse of plaintiffs’ name in defendant’s video games.
  • TRADEMARK

    • Plaintiff owner of registered trademark alleges willful infringement by defendant competitor over ten-year period; defendant denies infringement, claims trademark invalid and asserts laches and statute of limitations.

    • Trademark Trial and Appeal Board (TTAB) proceeding challenging application for trademark registration commenced by opposer entity – holder of various registered marks -- alleging that applicant’s proposed marks are confusingly similar and will damage opposer entity’s reputation and business.

    • Trademark infringement action by registered mark owner against defendant company, alleging that defendant continues to use confusingly similar mark following USPTO’s refusal to register defendant’s proposed trademark because of a likelihood of confusion with plaintiff’s registered mark.

    • Trademark and trade dress infringement, unfair competition, injunctive relief and damages action by designer / manufacturer of apparel products against plaintiff’s co-founder based upon defendant’s sales of allegedly infringing products.

    • Trademark infringement and unfair competition claims by environmental organization against celebrity musical performer and production company over defendants’ use of same name over multi-year period.

    • Trademark infringement, unfair competition injunctive relief and damages action by international auto manufacturer alleging illegal United States sales of grey market parts by defendant.

    • Trademark infringement action by owner / manufacturer of health-related food products against competing health food product manufacturer / distributor over allegedly confusingly similar marks.

    • Plaintiff – a worldwide luxury brand retailer – sued various Bay Area retailers alleging trademark infringement, counterfeiting and false designation of origin based upon defendant retailers’ sale of alleged “knock-off” products.

    • Declaratory relief action seeking non-infringement determination by Internet-based media company against advertising agency seeking to block use of allegedly confusingly similar name.

    • Plaintiff water dispensing company sued defendant – a distributor of ice to retailers – alleging trademark infringement, trademark dilution, unfair competition and deceptive trade practices. Defendant counterclaims for declaratory relief and for cancellation of plaintiff’s trademark
    registration.

    • Trademark infringement, unfair competition, false advertising and trademark dilution action by plaintiff / acquirer of specific trademarks and trade names against defendant, following defendant / competitor’s alleged effort to register plaintiff’s marks.

    • Trademark infringement and unfair competition claims by plaintiff benevolent association against alleged splinter-group association, alleging wrongful registration of similar marks and dilution of plaintiff’s marks.

    • Trademark infringement and breach of non-compete contract action against seller of specific trademarks, triggered by seller’s post-sale use of marks under Fair Use doctrine.

    • Trademark infringement, dilution, unfair competition, and false designation of origin action by plaintiff entrepreneur claiming ownership of multiple famous trademarks allegedly abandoned by defendant national retail chain.
  • TRADE SECRETS

    • Plaintiff insurer sues former sales employee and competing insurance broker alleging former employee misappropriated and misused confidential pricing and customer information. Plaintiff claims federal and state law trade secret misappropriation, conversion, breach of fiduciary duty and unfair competition.

    • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs’ contractual relationships.

    • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.

view all

Landlord / Tenant

  • Commercial lease dispute involving claims that tenant abandoned property and failed to pay required rent and contributions for taxes and insurance obligations, and tenant claims that lease obligations were unenforceable as a result of pandemic-related local and state laws.

Legal Malpractice

  • Legal malpractice action arising from alleged failure to advise government agency against purchase transaction involving conflict of interest with agency board member, triggering violations of government code sections and political reform act and demand for forfeiture of transaction by seller who was unaware of conflict.
  • Manufacturing corporation alleges legal malpractice, and overbilling against international firm arising from firm’s defense/manufacturer in underlying patent infringement action.

Mass / Individual Torts

  • MASS TORT

    • Indemnity, insurance coverage, negligence and breach of contract claims between regional utility company and subcontractor, alleging that subcontractor failed to perform contract services, failed to designate utility as additional insured, and failed to indemnify utility for damage resulting from major California wildfire.
  • INDIVIDUAL TORT

    • Negligence action against major retailer and shopping center owner / operator alleging that retailer and operator failed to maintain premises in safe condition, resulting in physical and mental injuries to plaintiff; related cross-claims between retailer and operator for indemnification.

    • Negligence action by motorcyclist against underinsured driver of vehicle causing serious injuries to plaintiff motorcyclist.

    • Negligence action against national retailer alleging that retailer failed to operate premises in safe condition, contributing to serious injuries to plaintiff.

Real Estate / Real Property

  • Multi-party property damage, insurance subrogation, indemnification cross-actions stemming from fire destroying multiple buildings and businesses in California.
  • Plaintiff real estate broker alleges that Nationwide property owner/seller breached written contract to pay commissions earned on multiple sales transactions over a multi-year period.
  • Settled a real estate case where the plaintiff's property purchaser sued plaintiff's agent and sellers' agent over alleged failure to disclose property defects and resulting repair costs.
  • Plaintiff - join tenant with defendant - seeks partition and sale of subject property and accounting as to use of property and insurance proceeds, as well as asserting claims of breach of fiduciary duty and conversion of partnership assets.
  • BREACH OF CONTRACT / SALES TRANSACTIONS

    • Plaintiff real estate broker alleges that nationwide property owner / seller entity breached written contract to pay commissions earned on multiple sales transactions over multi-year period. Plaintiff also alleges conversion and unjust enrichment.

    • Breach of contract, Fraud, Intentional and Negligent Misrepresentation action by purchaser of property, alleging defendant seller willfully concealed existence of variance limiting use and expansion of property, as well as material defects and health and safety violations.
  • BREACH OF CONTRACT / DEVELOPMENT

    • Plaintiff, national developer of housing projects, claims breach of development contract arising from defendant hosing cooperative’s alleged failure to reimburse plaintiff for third party expenses attributable to redevelopment of housing project.
  • NUISANCE / QUIET ENJOYMENT

    • Multi-plaintiff adjoining property owner claims alleging nuisance and challenging permitting of proposed renovations by defendant who allegedly converted private home for commercial exploitation surrounding popular television production.
  • BREACH OF CONTRACT / LEASE DISPUTES

    • Breach of lease, negligence, premises liability and personal injury claims arising from defendant landlord’s alleged failure to deliver and maintain premises in compliance with public safety and housing laws.

    • Multi-part commercial lease dispute involving claims and cross-claims of breach of contract, bad faith and tortious interference with contract, based upon a series of lease agreements and conflicting party interests.
  • CONSTRUCTION DEFECT LITIGATION

    • Design and construction defect, breach of contract, fraud and California Consumer Legal Remedies Act action against architect / designers of commercial office space.

view all

Professional Liability

  • Professional Liability

    • Legal malpractice and related negligence claims arising from alleged failure to advise government agency against purchase transaction involving conflict of interest with agency board member / realtor, triggering violations of Government Code sections and Political Reform Act and taxpayer lawsuit demanding forfeiture of purchase transaction by seller unaware of conflict.

    • Negligence and breach of fiduciary duty claims by property purchasers against purchaser and seller’s broker, alleging failure to disclose substantial defect to property, prompting cross-action against sellers.

    • Professional negligence action by property owners against their broker, alleging that broker’s agent concealed material facts from owners and conspired with proposed purchaser’s agent to close sale to seller’s detriment, triggering extended litigation and expense with proposed purchaser.

    • Professional negligence claims by dental practice against architect hired to design and oversee renovation of dental office, alleging resulting in multiple violations of building and safety regulations as well as non-functional facility.