Representative Matters

Examples of business & IP litigation matters handled by our attorneys.
Affiliate Marketing/CAN-SPAM Defense

Secured final dismissal, in federal trial court and U.S. Court of Appeals, of $400 million email marketing lawsuit brought against coalition of performance marketing clients.

Affiliate Marketing/CAN-SPAM Defense

Won summary judgment in $12-million CAN-SPAM case on behalf of affiliate marketing client; also secured $800,000 attorneys’ fee award against notorious spam plaintiff.

Breach of Contract & Unfair Competition

Negotiated highly favorable settlement in cross-border breach of contract, trade secret and unfair competition case arising from collapse of education joint venture.

Breach of Contract & Unfair Competition

Secured writ of possession and six-figure judgment for national equipment rental company against customer who breached rent-to-own agreement.

Breach of Contract/Warranty

Without litigation, negotiated for full replacement, installation and complementary service of occasionally malfunctioning 3D printing and precision manufacturing equipment.

Breach of Fiduciary Duty & Trade Secrets Theft

Secured favorable trade secrets and breach of fiduciary duty settlement against employees who used client company’s content and proprietary marketing data to start a competing online retail business.

Breach of Software License & Copyright Infringement

Negotiated highly favorable contract, copyright and trade secret settlement for OEM whose software tools were incorporated into unauthorized applications marketed by Fortune 50 tech giant.

Consumer Class Action Defense

Compelled arbitration on behalf of Fortune 50 tech vendor in consumer class action alleging mass breach of vendor’s terms and conditions of sale.

Domain Name & Internet Trademark Dispute

Seized and auctioned debtor’s domain name portfolio in satisfaction of client’s judgment, then defended seizure in precedent-setting U.S. Court of Appeals case.

ERP Implementation & Software Consulting

Successfully defended consultancy and publisher of accounting software in breach of contract, negligence and fraud action arising from failed ERP implementations.

Executive Employment & IP Assignment

Helped secure favorable departure terms for tech company founder who contributed significant uncompensated intellectual property prior to her termination from company.

Executive Employment & Non-Compete

Counseled gaming exec, including on solicitation and non-compete issues, on departure from leading game publisher and founding of competing gaming company.

Executive Employment & Non-Compete

Secured generous severance package and access to client list for financial services sales exec in contentious transition to a competing firm.

FTC Investigation/Litigation Defense

Guided Internet-based services business through Federal Trade Commission (FTC) investigation of industry marketing practices, resulting in no action against client.

FTC Investigation/Litigation Defense

Negotiated settlement of TCPA and deceptive trade practices claims, including contribution by client insurer and agreement to permit client’s continued operations.

Internet Defamation & Unfair Competition

Secured largest defamation-related award in Nevada history on behalf of online business and executive who were victims of a competitor’s anonymous smears.

Internet Trade Secrets Disclosure & Anti-SLAPP

Won anti-SLAPP motion to dismiss on behalf of anonymous Internet poster alleged to have stolen and published defendant company’s financial trade secrets.

Internet Trademark Infringement

In trademark matter, negotiated turnover of infringing domain name and takedown of social media ads against Indian company accused of infringing client’s trademark.

Internet Trademark Infringement

Negotiated highly favorable settlement for, and avoided federal claims against, Internet retailer accused of importing counterfeit automotive products.

Internet Trademark Infringement & False Advertising

Negotiated significant trademark, trade libel and false advertising settlement against national business ratings website for misleading reviews about online services client.

Investment Fraud & Breach of Fiduciary Duty

Resolved, at no cost to managing partners, fiduciary duty, accounting and fraud claims threatened by dozens of investors who lost all but their entire stake in a bankrupt LLC.

Mobile Content Licensing & User Terms

Negotiated and drafted content licenses, technology contracts and end-user terms for international mobile virtual network operator and Internet/mobile entertainment company.

Open Source Audit & IP Due Diligence

Organized and led open source audit and other software-related due diligence in connection with international application provider’s acquisition of OEM.

Partnership Dissolution & Breach of Contract

Secured complete dismissal of partnership dissolution, breach of contract and copyright lawsuit against one of several collaborators in failed online video production company.

Partnership Dissolution & Breach of Contract

Secured significant settlement for professional services firm partner who was locked out of partnership offices and denied access to partnership assets and records.

Performance Marketing/Breach of Contract

Resolved, at no cost to online marketing services client, indemnity and breach of warranty lawsuit by end user advertiser who incurred legal expenses lawsuit brought by third party.

Social Media Marketing/Breach of Contract

Favorably settled high-profile breach of contract, trademark, hacking and other claims arising from advertising client’s alleged misuse of an international social networking website.

Software & Trade Secrets Theft

Negotiated highly favorable settlement, including enforceable non-compete, against contract developer who used client’s code and data to start a competing online services business.

Software & Trade Secrets Theft

Secured voluntary shutdown of competing online marketing company that had stolen and was using client’s proprietary back-end software and other confidential information.

Software Licensing & IP Development

Negotiated and drafted work-for-hire, nondisclosure, trademark license, and end-user agreements for international provider of Internet-related applications.

Trade Secrets Theft and Disclosure

Won takedown order and emergency forensic discovery for international bank whose internal financial data was published online; discovery led to identification of thief.

Trademark Infringement & Unfair Competition

Settled federal trademark and unfair competition claims by international clothing manufacturer at no cost to client clothing designer and Internet retailer.

Website Hacking & Trade Secrets Theft

Secured indictment against competing online services company’s executive in hacking and trade secrets investigation and litigation arising from unauthorized access of client’s website.


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