|
Practice/Industry Group Overview
Our seasoned and respected trial attorneys lead the Luce Forward business and intellectual property litigation practice by focusing on protecting and preserving our clients’ interests through communication and client involvement. Luce Forward represents the individual, the public entity, and the corporation in local, state, national, and international forums. We help our clients to identify critical issues and to quantify litigation decisions in terms of risk and cost containment. We guide our clients throughout the adversarial process.
Representative Matters.
AllGood Entertainment, Inc. v. Anschutz Entertainment Group - Represented Anschutz Entertainment Group, Inc., AEG Live, LLC and AEG Live NY, LLC in defense lawsuit brought by AllGood Entertainment, Inc. and AllGood Concerts, LLC in the Southern District of New York seeking $300 million in damages for AEG’s alleged interference with AllGood’s claimed contract for Michael Jackson to perform a concert with Pay Per View. AEG moved to dismiss on the ground that, under applicable New Jersey law, the competition privilege bars claims for interference with contract as well as claims for interference with prospective economic advantage. The Court dismissed AllGood’s complaint with prejudice in its entirety.
Eldorado Stone, LLC v. Renaissance Stone, Inc., et al. - Represented Eldorado Stone, LLC in a misappropriation of trade secrets, trademark and copyright infringement, and unfair competition lawsuit in the United States District Court for the Southern District of California and received a total verdict in excess of $20.8 million. The unanimous verdict consisted of both compensatory and punitive damages. This case not only protected the intellectual property that Eldorado Stone had developed throughout many years, but it was also the first verdict in the cementitious products industry to recognize that trade secrets exist as part of the manufacturing process.
Callaway Golf Company v. Screen Actors Guild, Inc. - Represented Callaway Golf Company and its advertising agency in a lawsuit with the Screen Actors Guild’s Pension and Health Plans. The Plans were suing for millions of dollars in alleged unpaid pension and health contributions for Callaway Golf’s professional golfers and celebrity endorsers who appears in Callaway Golf commercials. After we obtained Callaway Golf’s dismissal, and presented the advertising agency’s case in trial, the Plans agreed to settle for $100,000.
Kentucky Oil Technology N.V. v. Memry Corporation - Represented Kentucky Oil Technology N.V., Peter Besselink, and Memory Metals Holland, B.V. in a lawsuit against Memry Corporation and Schlumberger Technology Corporation in the Northern District of California for unauthorized use of inventor’s stent technology for use in drilling oil wells. Obtained $6 million jury verdict against Memry after one-month trial.
Robinson & Robinson, Inc. v. Peterman Lumber, Inc. - Represented Robinson & Robinson, Inc. and Leathertrend LLC in dispute with Peterman Lumber, Inc. involving claims for breach of contract, breach of implied warranties and violation of the Consumer Product Safety Act, resulting from the sale and delivery of lead contaminated furniture legs. Two week jury trial resulted in a verdict of approximately $5 million in favor of Robinson & Robinson and Leathertrend for past damages and future lost profits.
Merrill Lynch Pierce Fenner & Smith Incorporated - Represent Merrill Lynch Pierce Fenner & Smith Incorporated throughout the West Coast regarding brokerage disputes and lateral movement of brokers. Representation includes counseling of brokers and representation of both brokers and Merrill Lunch in disputes involving claims for breach of contract, unfair business practices, and misappropriation of trade secrets. We have successfully defended and prosecuted dozens of injunctions, and have successfully tried numerous disputes to decision before various FINRA arbitration panels.
Turner v. Equity Residential, et al. - Represented owner and manager of multifamily residential properties in class action brought by tenants throughout California for alleged unfair business practices arising from the handling of security deposits. Defeated class certification in action and appeal to obtain favorable judgment.
Surge Global Energy, Inc. - Defended Surge Global Energy, Inc. in a breach of contract case seeking more than $300 million in damages arising from a Canadian oil and gas exploration project. After several months of discovery, Luce Forward prevailed on a motion to dismiss the claims against Surge Global Energy.
Commercetel Canada Corp. - Represented telecom company in action filed against former president alleging breach of contract, extortion and defamation among other claims. Obtained emergency temporary restraining order and subsequent preliminary injunction enjoining former president and his related businesses from engaging in further extortive conduct. Initiated contempt proceeding after former president and his businesses violated the injunction on numerous occasions. Succeeded in convicting former president and his businesses of dozens of counts of contempt resulting in jail sentences.
Appellate Matters.
Wolf v. CDS Devco - Represented CDS Devco and related companies in a dispute with a disgruntled former director. We obtained a determination that the director had no entitlement to access corporate records and then obtain a published opinion of the California Court of Appeal definitively establishing that former directors have no inspection rights.
International Gamco, Inc. v. Multimedia Games, Inc. - Represented Multimedia Games, Inc. in a patent infringement case. We obtained the right to interlocutory appeal of an order allowing a licensee to pursue a patent infringement case, then obtained a published decision of the U.S. Court of Appeals for the Federal Circuit dismissing the case and abolishing licensee standing unless the license amounts to an assignment of all patent rights in a geographically substantial part of the United States.
|