Commercial Litigation + Trial

A sight to be seen in the courtroom.
Legal 500 US 2019
Consummate professionals and highly experienced technical lawyers . . . . They show a remarkable personal commitment to the client’s best interests.
Chambers USA 2018

We try cases. Our diverse team of 500 commercial litigators, whose members are located throughout the U.S., Europe, and Asia, has a successful trial record of handling fact-driven cases in complex commercial settings. We serve a diverse client base, handling large U.S. and multijurisdictional business disputes in the courts in all major commercial centers around the world and in arbitration proceedings.

Often, these cases involve contract disputes and claims of trade-secrets theft or commercial fraud, and include procurement, franchise, construction, real estate, and commercial lending disputes, along with business torts and bankruptcy adversary proceedings.

Unlike most large law firms, we regularly try and arbitrate cases, for both plaintiffs and defendants, in many industries, including:

  • Banking and financial services
  • Communications
  • Insurance
  • Life sciences
  • Real estate
  • Professional services
  • Technology
  • Transportation, including aviation
  • Distribution

Our commercial litigation clients include Uber, VMware, Echostar, Ernst & Young, Grant Thornton, The Hartford, Honeywell, Quixtar, Sega, Travelers, and UPS. MoFo’s Commercial Litigation + Trial Group is considered the go-to resource whenever major players in Silicon Valley or elsewhere in the global economy face challenging litigation.

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Experience

  • Represented Uber in the highly publicized federal court lawsuit involving claims of trade-secrets misappropriation and patent infringement. Waymo (the former business group that Google spun out as its own entity) claims that Uber stole trade secrets and infringed on Waymo patents related to the lasers used in self-driving cars. Our team negotiated a favorable settlement after one week of trial.

  • Obtained defense verdict for the nation’s largest HMO in a case where the plaintiff alleged trade-secrets misappropriation, breach of contract, and other claims.

  • Won a jury trial that will significantly impact the medical robotics industry; a jury awarded $36.3 million to Hansen Medical, Inc., in a breach-of-contract and trade-secrets dispute.

  • Won an arbitration on behalf of Gilead Sciences, Inc., relating to Tamiflu, an antiviral for the treatment and prevention of influenza A and B; the victory included an $80.7 million payment to Gilead.

  • Secured a $32 million arbitration award for Marin Healthcare District in a dispute arising from a 2006 agreement to transfer control of Marin General Hospital. The arbitrator ruled that Sutter must pay the District $32 million as compensation for the profits Sutter received during the transition period and for attorneys’ fees.

  • Won $64 million arbitration award from the ICC for Olympus Capital, a leading U.S. private equity firm specializing in the Asian market. A three-member tribunal found Lone Star Funds and Korea Exchange Bank (KEB) jointly liable for tortious conduct under Korean law in forcing Olympus Capital to sell its stake in KEB’s credit card subsidiary to Lone Star at an artificially low price.

  • Won $10.8 million verdict, including punitive damages, on behalf of Technology Integration Group. The jury found three former TIG employees, their new employer FusionStorm, and three of its executive officers liable for breach of fiduciary duty, breach of loyalty, and misappropriation of trade secrets.

  • Won defense verdict, including appeals, for a global brand in giftware against its distributor who claimed several million euro in damages for alleged abuse of a dominant position; the dispute was litigated in two European countries in parallel.

  • Obtained stay of a distributorship dispute in Texas federal court in favor of a JCAA arbitration on behalf of Sanyo. Sanyo later obtained a very favorable award from the JCAA tribunal.

  • Won unanimous jury verdict on behalf of Ernst & Young, defeating claims that the accounting firm had made negligent representations in connection with financial statements issued by Syntax-Brillian, a manufacturer of flat-screen televisions.

  • Won three-week jury trial in Salt Lake City when a jury determined that Novell owned the copyrights to the UNIX computer operating system. In an earlier trial, won multimillion-dollar award for Novell based on its right to royalty payments from UNIX software licenses granted by SCO.

  • Won two-week jury trial on behalf of Altera in a lawsuit against Clear Logic for violation of the federal Semiconductor Chip Protection Act and unfair competition. The case, which is the first tried under the federal act, resulted in a $35 million judgment and an injunction. The judgment was affirmed by the Ninth Circuit.

  • Won five-week trial and secured a judgment of more than $23 million, including attorneys’ fees, in a fraud and breach-of-contract action.

  • Won a significant victory for a major financial services provider, worth in the region of £22 million ($33 million), plus future savings in a dispute concerning one of the UK’s largest outsourcing deals.

  • Won an arbitration for Notal Vision in a breach-of-contract case where the licensee of Notal’s macular degeneration ‒ diagnosis technology did not purchase the minimum number of devices and refused to pay for the shortfall; Notal was awarded close to $10 million and attorneys’ fees.

  • Won defense verdict, after appeal, in billion-dollar suit brought by Oakland Raiders against the City of Oakland alleging fraud and misrepresentation.

  • Won defense verdict for Grant Thornton in Oregon, in suit by lenders challenging the audit of a factoring company’s financial statements.

  • Won unanimous trial verdict in favor of Ernst & Young in an actuarial malpractice suit brought by Frontier Insurance Group Inc. After 12 days of trial, the jury took less than three hours to conclude that there was no negligence on behalf of Ernst & Young.

  • Won defense verdict for a major law firm. Plaintiff was seeking to hold our client liable for the actions of one of its of counsel lawyers, who served as an escrow agent — without our client’s knowledge or consent — for a transaction that turned out to be a Ponzi scheme. The jury determined that the lawyer was not the cause of the plaintiff’s loss.

  • Won an adversary proceeding against Residential Capital’s junior secured noteholders, defeating their claims of entitlement to hundreds of millions of dollars of post-petition interest.

  • Won a precedent-setting appellate decision, affirming a judgment for more than $35 million in favor of Gramercy Investment Trust in connection with a California real estate project that went into foreclosure.

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