2007

Defense Verdict in Closely Watched Securities Litigation Trial
After a four-week jury trial in federal court in Oakland, California, Morrison & Foerster won a complete defense verdict on behalf of JDSU (NASDAQ: JDSU) and three former executives on all claims in a class action alleging securities fraud and insider trading. This is only the second defense verdict in a securities class action since the passage of the Reform Act in 1995, and only the fifth securities class action even to reach verdict since then. The rarity of a jury verdict for the defense in such cases was highlighted by the Wall Street Journal, which compared the outcome to a “Cambodian Forest Ox,” one of the most exotic mammals.

Defense Verdict for EchoStar in the Eastern District of Texas
Obtained a defense verdict for EchoStar in a case where the plaintiff sued essentially the entire cable and satellite television industry, alleging that it invented the digital video recorder (DVR) in 1991. All defendants other than EchoStar settled shortly before trial, leaving EchoStar as the sole defendant. After over a week in trial, the jury found all of the asserted claims invalid as anticipated, obvious, and lacking an adequate written description. This was a rare jury trial win for defendants in the Eastern District of Texas.

Acquittal for Healthcare Executive
Obtained an acquittal for a former sales executive accused of conspiracy and two other counts under the federal Anti-Kickback law. Following a two-week trial in U.S. District Court in Boston, a jury took less than three hours to exonerate our client and three former employees of EMD Serono, the U.S. division of Swiss-based life sciences company MerckSerono. Our client had been indicted by the Justice Department, which alleged that the four defendants promised lavish, expense-paid trips to a medical conference in Cannes, France, to doctors who wrote prescriptions for the company’s anti-AIDS medication Serostim. Our client faced up to 15 years in prison and a $750,000 fine. Previously, another former Serono regional sales director pled guilty to kickback charges in 2004, and in 2005, Serono agreed to pay $704 million, including more than $136 million in criminal penalties, to settle a Justice Department investigation into the company’s sales and pricing practices for Serostim.

Successful Arbitration for Israeli Medical Technology Startup
Notal Vision, an Israeli medical device company, developed a device that accurately diagnoses Age-Related Macular Degeneration, the leading cause of blindness in the western world. Notal exclusively licensed its technology in exchange for a promise to purchase minimum quantities of devices per year, or to pay a prescribed amount of money if it did not. The licensee did not purchase the minimum device amounts and refused to pay for the shortfall. After a four day hearing, the arbitrator found that the licensee owed for the shortfall and awarded Notal close to $10 million, including a discretionary award of attorneys' fees.

2006

Successful Wrongful Termination Defense for Medical Technology Company and CEO
Represented Reliant Technologies, Inc., a medical laser technology company, and its former Chief Executive Officer in a three-month jury trial in Santa Clara County Superior Court. The plaintiff, Reliant's former Chief Technical Officer, asserted claims for breach of contract, wrongful termination in violation of public policy, fraud and violation of the California Labor Code, and sought over $10 million in damages. The jury concluded that the plaintiff was discharged for cause, found liability on only one cause of action, and awarded the plaintiff less than $2 million in damages.

Land Use - Westchester Day School
Represented an Orthodox Jewish day school in litigation arising from efforts to deny permission to perform extensive renovations on the school's 23-acre property. After a 7-day bench trial in the Southern District of New York, the Court issued an Opinion and Order entering judgment in our client's favor and allowing the construction to proceed.

2005

Trial Win for the Courts
Obtained a defense verdict on behalf of the San Joaquin County Superior Court and one of its clerks. The Court was sued for negligence by the wife of a permanently brain damaged man who was injured in an automobile accident. Plaintiffs requested $16 million. After a two week trial, a Sacramento County jury returned a defense verdict.

Jury Trial Victory in Race Discrimination Case
Successfully represented a City of Riverside police officer in an action alleging race discrimination and retaliation. After a six-week trial in Riverside County, the jury returned a verdict in the officer's favor and awarded him $1.6 million. The central issue was the officer's removal from his position as a K-9 officer because of his police dog's accidental bite of a fellow officer. Prior to being removed, the officer was subjected to a year long investigation and interim prohibition. Other officers, whose dogs had had similar problems, were not disciplined or, in some cases, even investigated.

Jury Trial Victory in Scantibodies Patent Case
Following a month-long jury trial in U.S. District Court for the Southern District of California, a nine-member jury returned a verdict in favor of our clients, Scantibodies Clinical Laboratory, Inc. and Scantibodies Laboratory, Inc. Scantibodies develops antibodies and immunoassays to detect parathyroid hormone (PTH) in human blood, which is crucial to diagnosis and treatment of, among others, kidney dialysis patients. Nichols, the largest producer of PTH test kits in the United States, sued Scantibodies for patent infringement premised on Nichols' licensed rights to the '790 patent. After deliberating for five days, the jury returned the verdict for Scantibodies before U.S. District Judge Rudi M. Brewster. The jury found that the ‘790 patent asserted by Nichols was invalid on the grounds of failure to disclose the best mode, lack of written description and lack of enablement. The jury also found for Scantibodies on noninfringement of one of their two accused products. On appeal following the District Court's ruling on post-trial motions, the Court of Appeals for the Federal Circuit held that the asserted patent is anticipated by prior art and therefore invalid.

Patent Infringement Win Against Microsoft
Successfully represented inventor in a patent infringement suit against Microsoft. The suit, filed in Los Angeles federal court, involved a software application that links an Excel spreadsheet to an Access database in a live link fashion. After a four week trial, the jury awarded our client, Mr. Armando Amado, $8.96 million for sales of the software between March 1997 and July 2003. Mr. Amado developed the program in 1990 and then approached Microsoft to sell the program to them in 1992, which they declined to purchase. Mr. Amado received his patent in 1994. The Court will be awarding additional damages for the time period July 2003 to present.

Northrop Grumman Breach of Warranty Claim Victory
Represented Northrop Grumman involving $30 million in breach of warranty claims related to the Navy’s SQQ-89 antisubmarine warfare system. The case included extensive motion practice, and discovery on numerous, complex technical issues. Following a three-week trial at the Armed Services Board of Contract Appeals involving multiple experts and numerous fact witnesses, the Administrative Law Judge ruled that the Navy had failed to prove the 10,000 sonar transducers at issue were defective, and that Northrop Grumman was entitled to recover for the majority of its warranty-related costs.

Successful Defense on Breach of Contract Claims Against Private Club
Successfully represented a private club in a lawsuit brought by a prior member. Three teenage girls reported that the former member molested them. The former member pled no contest to three counts of misdemeanor child molestation, and the Club terminated his membership. Despite his conviction, the former member denied molesting the girls and sued the Club for breach of contract, claiming the Club had an obligation to provide him with a safe and secure environment and that the Club breached that obligation by letting the three girls into the Club without their sponsoring member. He also sued for misrepresentation and conversion, claiming that he was promised an equity interest in the Club. After five weeks of trial, the court granted our motion for non-suit on all claims but the conversion claim; the jury returned a defense verdict on that claim.

Energy Arbitration Defense Win
Successfully defended New West Energy Corporation, an energy service provider, against breach of contract claims in an arbitration before three arbitrators affiliated with the American Arbitration Association. During the California energy crisis, New West was forced to terminate service to all of its California customers. One of those customers, California Portland Cement, filed a demand for arbitration claiming that the termination of service was a breach of contract. The suit sought $69 million in damages. After a two-week trial, the Panel ruled in our client's favor and awarded nothing to the plaintiff.

Fourth Amendment Victory at Trial
Successfully represented a mother detained at a police station for six hours after her son was shot and killed by police. She was told to sign a "Consent to Search" form, which she could not read, so the police could search her home. A federal court jury in Los Angeles found that the mother's detention, and the search of her home, both violated the Fourth Amendment, and awarded the mother $250,000, including punitive damages.

Unlawful Patient Dumping
Obtained a jury verdict in favor of a woman whose son died after being transferred from one emergency room to another. Following a ten day trial, a Fresno County Superior Court jury found that the transferring hospital was negligent, that the hospital violated state and federal laws prohibiting the unlawful transfer of patients, and that these violations were a substantial factor in causing the young man's death. The jury awarded his mother $400,000 in damages.

2004

SEC v. Gane, et al.
Successfully defended the former President and CEO of a dental imaging company, Dicom Imaging Systems, Inc., against a securities fraud lawsuit filed by the Securities and Exchange Commission. After completing its investigation, the SEC sued our client, alleging he violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder by failing to disclose material information in a due diligence package distributed to investors and by making false and misleading statements in two publicly-disseminated interviews. After a six-day bench trial in the Southern District Court of Florida, we obtained a verdict in favor of our client on all counts.

EchoStar and SCI Systems, Inc. Patent Litigation
In what has been called the biggest-ever patent case in the ITC, we successfully represented EchoStar and SCI Systems, Inc. in an International Trade Commission investigation. Complainants Genstar-TV Guide alleged that our clients' set top boxes infringed three patents. We won on multiple grounds, including non-infringement, patent misuse and invalidity. While Genstar's appeal was pending, a favorable settlement was reached, ending all litigation between the parties relating to these patents.

Employment Discrimination
Successfully defended BCI, the Northern California division of the Coca-Cola Bottling Company, against a wrongful termination/disability discrimination case in Alameda County. The plaintiff, who has leukemia, had been accommodated in the workplace since 1999 with light duty jobs. In 2002, the plaintiff was terminated from his employment for theft when tape taken in a surveillance sting at his workplace purportedly showed him stealing product. The plaintiff denied taking any product and was reinstated after winning a union arbitration. At trial, the plaintiff claimed severe emotional distress resulting from the termination (he was out from work for nearly a year), as well as punitive damages. Despite these facts, and in the face of an eve of trial demand for two million dollars, the plaintiff succeeded on only one of his six claims, and was awarded only $100,000. No punitive damages were awarded.

2003

Wrongful Arrest and Detention
Represented woman who was arrested and strip-searched. Following two-week trial, federal jury in Fresno found multiple constitutional violations and awarded $625,000. After application for legal fees, case was settled for $1 million.

General Accounting Office Proceedings
Successfully represented major defense contractors in administrative proceedings before General Accounting Office involving NASA’s contract for test operations services, an Air Force contract, and a Navy contract.

Cyberfraud and Misappropriation of Trade Secrets
Represented mortgage company in Orange County in case alleging cyber fraud and misappropriation of trade secrets against former employees and their new company.  Two weeks into a six week trial, the case settled on favorable terms.

Californians for Disability Rights v. Mervyn's California, Inc.
In a six week trial, we successfully represented Mervyn's Department Stores in a case brought by Disability Rights Advocates under Business & Professions Code 17200 challenging as a violation of the Americans with Disabilities Act, the spacing standards employed by Mervyns' as to the distance between the racks on which merchandise is displayed. In his ruling, Judge Henry Needham of the Alameda Superior Court found that while the merchandise on Mervyn's display pads was not wholly accessible, Mervyn's level of effort was all that could be readily achieved without doing damage to, and seriously altering, Mervyn's business. The Court found that to require further widening of the aisles would "be disastrous, resulting in lost sales to Mervyn's of tens of millions of dollars" and causing "a competitive disadvantage to Mervyn's."

California False Claims Act
Successfully defended HMO accused of violating the California False Claims Act and following bench trial in Stanislaus County, prevailed in cross-complaint alleging deprivation of due process.

Oakland Raiders Case
Represented a former member of the Oakland-Alameda County Coliseum Board of Directors sued for fraud by the Oakland Raiders, who sought $1 billion. After a four month trial, the jury returned a defense verdict for the Director and awarded damages only against the Coliseum. The Raiders dismissed their case against the Director in exchange for a waiver of costs. The appellate court then reversed the verdict against the Coliseum to complete the defense victory.

Los Angeles AAA Arbitration
Successfully represented buyer as claimant in a one-week Los Angeles AAA arbitration before a panel of arbitrators, to enforce indemnity obligations under a stock purchase agreement. Panel awarded $3.35 million, plus legal fees and costs.

Credit Suisse First Boston
Served as co-counsel in defense of executive from Credit Suisse First Boston in criminal case alleging obstruction of justice. After a four-week jury trial in the Southern District of New York, a mistrial was declared due to a hung jury.

2002

Abbott Laboratories v. Syntron Bioresearch
Obtained defense verdict of non-infringement following a three-week jury trial in federal court in San Diego in which our client, Syntron Bioresearch, was accused of infringing two patents involving immunoassays.

El Salvadorean Torture Victims
Prosecuted civil rights action on behalf of three citizens of El Salvador who were tortured by the Salvadoran military in 1979. After a four-week trial in Florida, the jury awarded $54.6 million in compensatory and punitive damages.

Olson v. Automobile Club of Southern California
Following six-week bench trial in Los Angeles County, obtained favorable result upholding directors election on behalf of the Automobile Club of Southern California under the California not for profit mutual benefit corporation law.

Unpaid Overtime
Obtained defense verdict in Orange County Superior Court following four day bench trial for employer in action alleging unpaid overtime.

Soitec, S.A. v. Silicon Genesis Corporation
Obtained defense verdict for Silicon Genesis Corporation, a Silicon Valley company making silicon on insulator wafers used in electronic devices. Our client was accused of patent infringement. Jury found no infringement, and that the patent was invalid.

Herbalife
Successfully represented Herbalife in a breach of contract claim by a distributor.  Plaintiff sought over $25 million in damages. After a three-week trial in the Western District of Washington at Seattle, the federal jury awarded only $137,000, 20% of our client’s settlement offer.

Altera Corporation v. Clear Logic Inc.
Successfully prosecuted claims by Altera, a Silicon Valley semiconductor chip designer, that Clear Logic infringed the copyrighted mask work designs of Altera's semiconductor chips and tortiously interfered with Altera's software contracts with customers. Won jury trial on all claims and secured a $36 million judgment and permanent injunction order.

Imaging Technology Arbitration
Successfully defended manufacturer of cutting-edge 360 degree imaging technology in four-week arbitration against $20 million claims of fraudulent inducement and breach of contract.

2001

Breach of Fiduciary Duty
Obtained defense verdict for shareholder and CEO of Syntron Bioresearch in a case alleging breach of fiduciary duty and seeking corporate dissolution, after two-week week bench trial in San Diego County.

Wrongful Termination
Prosecuted wrongful termination case on behalf of software account executive who was terminated for challenging his employer’s failure to pay earned commissions. After month-long trial, jury awarded $2.7 million in compensatory damages. Case settled prior to punitive damages phase of the trial.

Digital Media Classifieds
Represented Digital Media Classifieds in a four-day jury trial, obtaining injunctive relief and damages in a case involving breach of contract, non-compete, and trademark issues.

Macronix
After four-day bench trial on inventorship, we obtained a judgment of patent invalidity in favor of Macronix, a manufacturer of semiconductor products.

Federal RICO Acquittal
Obtained a judgment of acquittal at the close of the government’s case for a lawyer accused of 18 separate RICO violations. Two other defendants had pled guilty and testified. The case was tried to a jury for six weeks in the Western District of Missouri before the Federal Court entered judgment in our client’s favor.

Medical Device Arbitration
Obtained award for the defendants, a medical device company and a precision instruments company, in a three-day arbitration in which plaintiff was seeking $5 million for breach of contract.

Altera Corporation
The firm represented Altera Corporation in patent litigation with its major competitor in the programmable logic device industry, Xilinx, Inc. In a District Court action in San Jose, the court granted Judgment as a matter of law to Altera following a six-week jury trial. Xilinx had contended that the patents-in-suit covered the fundamental architecture of Field Programmable Gate Arrays (FPGAs).

The firm also represented Altera in a two-week trial at the International Trade Commission on a patent infringement complaint brought by Xilinx. The patents involved the use of user-accessible distributed memory in FPGAs, and a hierarchical structure for the logic and interconnection resources on an FPGA. Both cases settled before a decision was rendered by the judge in the ITC action.

Multi-Million Dollar Verdict for National Bank
Represented national bank against financial consulting firm in a Los Angeles arbitration under CPR rules before a panel of arbitrators. After three-week arbitration, the panel found financial consultant negligent and issued a multi-million dollar award in favor of our client.

Products Liability Victory
Obtained defense verdict for household products company in a patent dispute over a water treatment pitcher, after three-week trial in St. Paul, Minnesota.

Telecommunications Arbitration
Successfully represented telecommunications company in arbitration regarding a $7 million franchise dispute.

2000

WinStar Wireless
Obtained defense verdict for WinStar Wireless following four-day bench trial alleging fraud, unjust enrichment and breach of contract.

Wrongful Termination
Prosecuted wrongful termination case on behalf of former CFO of health care provider who was terminated after reporting Medicare fraud.  After two-week trial, jury awarded our client $4.6 million.

General Accounting Office Contract Dispute
Successfully represented awardee in administrative proceeding before General Accounting Office involving a multi-billion contract for M1 Abrams tank.

Duke University Arbitration
Successfully represented Duke University in arbitration to enforce provisions of an asset purchase agreement in a hospital acquisition.

Audit Malpractice Defense
Obtained defense verdict for accounting firm accused of audit malpractice following three-week bench trial.

Cyber Squatting Victory
In a bench trial before the District Court in Colorado, won a preliminary and permanent injunction and transfer of domain names in a cyber squatting action.

1999

$12 Million Dollar Verdict in Civil Rights Case
Prosecuted civil rights case on behalf of family of a farmworker who was killed during a SWAT raid. After three week trial, federal jury in Fresno awarded a record $12.5 million. In a post-trial ruling awarding significant legal fees, the District Court wrote: “the trial advocacy skills of plaintiff’s counsel were superior.”

Antitrust Class Action Victory
Defended Berger Brunswig Corp., a pharmaceutical wholesale distributor, in an antitrust class action. Following a ten week trial in federal court in Chicago, we obtained a directed verdict in our client’s favor.

1998

Successful Defense of Major Mexican Bank
Represented Bancomer, then the largest bank in Mexico, in fraud action pertaining to sale of beach front property in Baja California. After eight-week bench trial in Los Angeles County, court found the bank not liable under Mexican law.

Defense Verdict in Patent Infringement Case
Obtained defense verdict for Omron Healthcare in patent infringement case relating to blood pressure monitoring devices, after one-week bench trial.

Labor & Employment Defense
Successfully represented a vacuum cleaner manufacturer in two-week jury trial in Orange County Superior Court involving breach of contract by a long-service employee; discrimination claim dismissed by summary adjudication.

Vanna White: Unauthorized Use of Image
Represented Samsung and their advertising agency in case brought by Vanna White alleging unauthorized use of her image. Following three-week jury trial, federal jury in Los Angeles awarded the amount that was offered in pre-trial settlement.

Plaintiff Verdict for Monterey County Residents
After six week trial in Monterey County involving flood damage to local homes and businesses, jury found in favor of our clients for inverse condemnation. After verdict on liability, case was settled for more than $50,000,000.

Discrimination Defense
Obtained defense verdict for Bank of the West in race discrimination case, after three-week jury trial in San Joaquin County. Verdict was affirmed on appeal.

Insurance Defense Victory in Environmental Case
Successfully represented insurer in nine-week bench trial regarding the interpretation of insurance policies pertaining to soil and water pollution.

Win in Reverse Discrimination Case
Obtained defense verdict for Intel Corporation following three-week jury trial alleging reverse discrimination, harassment, and sex discrimination.