We are pleased to announce the following recent developments:
David J. Weiland and Steven C. Clark favorably resolved a trade secret action. In the action, former employees of our client took confidential business information relating to customers and pricing before they left our client’s employment and used it to bid against our client after they started their own company to compete against our client. After denying taking or using the information and refusing to settle, a settlement was reached after a forensic review of the defendants’ computers proved they took the information.
Darryl J. Horowitt and Caz C. Ashjian favorably resolved a breach of contract action. In the action, our client provided medical supplies to a regional medical group which did not pay for the supplies. After mediation was unsuccessful, Caz continued to negotiate until a settlement was reached without the expense of significant discovery or trial.
Michael P. Dowling and Nicholas F. Phillips incorporated a brewery in Fresno and drafted equipment lease, stock option, and corporate governance documents necessary to reopen the brewery which had been a success for nearly a decade before closing during the Covid pandemic when the owner experienced a sudden and debilitating medical condition.
David J. Weiland and Nicholas F. Phillips assisted a client with the drafting of a plan of dissolution for winding up and dissolving his construction company so he could retire out of state with greater peace of mind.
Michael P. Dowling and Nicholas F. Phillips assisted a client with assuming ownership of a car dealership from his (recently deceased) father pursuant to a family business succession plan.
Sherrie M. Flynn and Aisha O. Otori settled a trademark infringement action. In the matter, our clients, a music producer/distributer and two musicians who were partners in a band, filed an action for false and deceptive advertising under the Lanham Act and for rectification of trademark registrations to show that the two musician-clients were co-owners of the band’s trademarks. The former leader of the band had registered the trademarks solely in his name and was attempting to prevent our clients from using the trademarks. Defendants (the former leader, his producer/distributer, and related individuals) counterclaimed for trademark infringement and misappropriation. The settlement included dismissal of the counterclaim, assignment of the trademark registrations to show our musician-clients as co-owners, and payment of $250,000 to each of our two musician-clients.
Eliot S. Nahigian and Nicholas F. Phillips represented the successor trustee of a decedent’s trust in negotiating a $600,000 reduction in building code violations imposed by a municipality.
Gregory J. Norys and Nicholas F. Phillips favorably resolved a partnership dispute. In the action, our client was a partner in a restaurant that he managed. The other partners terminated his employment and denied he was a partner, but he was nevertheless ready to offer the other partners a significant sum to buy them out. The parties participated in an early mediation where we negotiated a settlement in which our client was able to buy out the other partners for significantly less than he was willing to offer with favorable terms and he now owns the restaurant.
Gregory J. Norys and Nicholas F. Phillips settled a contract dispute with an HR and payroll SaaS company. In the matter, our client, a nonprofit, hired the opposing party but was unhappy with its services. The opposing party demanded a full buyout and retained the initial deposit. A settlement was reached for less than defense costs with a further agreement for the opposing party to delete all confidential information provided by our client.
Judith M. Sasaki and Gregory J. Norys obtained a favorable settlement in a wrongful termination and wage case. In the action, one of our client’s former managers claimed he was constructively terminated in violation of public policy after he complained about safety issues. After a particularly probing deposition laid bare the plaintiff’s claims, and after plaintiff’s counsel claimed the action would not settle unless a significant amount was paid, a settlement was reached for nuisance value.
Darryl J. Horowitt and Justin K. Romig successfully resolved several breach of contract actions for the same client. In the actions, our client provided fuel to several gas stations, which did not pay for the fuel. Our client’s prior counsel was unable to move the matters toward resolution. The firm took over as trial attorneys and, once involved, prepared the matters for trial, including the first matter that was to start less than four months after coming into the action. Several of the matters were resolved at mediation with our client recovering most of what they sought.
Darryl J. Horowitt, C. Fredrick Meine III, and Justin K. Romig resolved a long-running construction defect matter. In the action, our client reroofed several buildings in their apartment complex. The roofs prematurely failed, requiring reroofing. Suit was filed to recover the costs of repair and after several delays caused by material shortages due to Covid, the roofs were replaced and a settlement was reached at mediation favorable to our client.
If you would like more information on any of these results, which are not meant as a representation of the results that might be achieved in other cases, please contact us at [email protected].