Derek F. Foran

Partner | San Francisco
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(415) 268-6323
I enjoy working closely with clients to understand their unique challenges and applying my courtroom experience to help them secure the best possible legal outcomes.

Experience

Co-lead counsel for leading enterprise data cloud company in case alleging violations of federal securities laws.

Lead defense counsel for Lattice in a matter alleging false advertising and related claims in federal district court.

Co-lead counsel for venture fund in a class action alleging cryptocurrency constituted an unregistered offering under state securities laws.

Co-trial counsel in a six-week jury trial in San Mateo Superior Court for Los Angeles World Airports Authority in a breach of contract action brought by a terminated contractor. Plaintiff’s damages included a claim for millions of dollars in future lost profits. The jury unanimously rejected plaintiff’s claims.

Lead counsel for the plaintiff in a case that arose out of the controversy surrounding the release of surreptitiously taken videotapes of Planned Parenthood physicians. On behalf of NAF, Derek led a team of lawyers to secure a preliminary injunction, preventing the release of further videotapes. Derek's work on this matter has been featured in the national media, including The New York Times, the Los Angeles Times, the Washington Post, American Lawyer, and NPR. Affirmation of summary judgement and request for entry into permanent injunction are currently pending.

Trial counsel for a leading Canadian broadband service provider in an international arbitration matter involving highly-complex contract and related commercial disputes.

Outside litigation counsel for HDMI Licensing LLC representing the company in a series of ongoing disputes with adopters of HDMI technology over licensing fees due under HDMI’s patent and trademark licensing agreement.

Represented Seiko Epson Corporation and its subsidiaries and affiliates in one of the largest antitrust price-fixing matters ever brought in the United States. The cases included direct and indirect purchaser class actions and dozens of large opt-out matters. Cumulative damages sought in these matters were in the billions of dollars.

Represented Novadaq Technologies in a trademark infringement matter filed against Karl Storz regarding the use of the SPIES trademark on fluorescent imaging technology used in surgical devices.

Represented McKesson Corporation in a series of RICO, False Claims Act, and antitrust suits alleging pharmaceutical pricing fraud in federal and state healthcare programs.

Represented IGATE Corporation in a high-profile breach of employment contract action brought by the company’s former CEO, Phaneesh Murthy. The case settled months before trial.

Seconded to the San Francisco District Attorney’s Office, where he handled multiple criminal cases, including jury trials, on a solo basis.

Represented Maxxam, Inc. in federal False Claims Act litigation. The matter settled one week into trial in federal district court.

Represented JDS Uniphase and three of its former officers in a class action securities case. Plaintiffs sought damages in excess of $20 billion, one of the largest damages claims ever presented at trial in the United States. After a four-week trial, the jury returned a unanimous verdict on behalf of each of the defendants.

Represented Mercury Companies, Inc. in a case involving alleged trade secret misappropriation and employee raiding claims. Following a two-month trial, the jury rejected the majority of plaintiffs’ claims, awarding only a fraction of the damages sought.

Represented Mercury Companies, Inc. in a case brought by a competitor alleging trade secret infringement and employee raiding claims. Plaintiffs sought almost $100 million in compensatory damages. Following a three-month jury trial in LA Superior Court, the jury rejected the vast majority of the plaintiffs’ claims and awarded only minimal damages on the remaining claims.

Represented New West Energy in a case involving allegations of breach of an electricity supply contract arising out of the California energy crisis, in which plaintiffs sought more than $70 million in damages. The arbitrators ruled unanimously in favor of New West Energy on all claims.

Primary author of the briefs on appeal from the district court’s preliminary injunction order in this high-profile matter. In addition, prior to the preliminary injunction order, defendants filed two emergency writs and a direct appeal in the U.S. Court of Appeals for the Ninth Circuit, multiple emergency motions in the Ninth Circuit to stay the trial court proceedings, and an emergency writ and motion to stay proceedings filed in the U.S. Supreme Court. The Ninth Circuit and U.S. Supreme Court ruled in favor of NAF on each of these successive appeals and emergency motions.

Appointed by the U.S. Court of Appeals for the Ninth Circuit to represent appellant in this matter. This was Derek's third such appointment. In a precedent-setting opinion involving the standards for receiving a discharge of student debt in bankruptcy, the Ninth Circuit unanimously reversed the trial court’s decision to deny the appellant an undue hardship discharge.

Authored amicus curiae brief for Airports Council International, a trade association representing government entities that own and operate airports in the United States. The case involved a claim by local property owners that a zoning ordinance restricting the height of structures on property adjoining a Las Vegas, Nevada airport violated the Takings Clause of the United States Constitution.

Primary author of the appellate briefs in this consolidated appeal involving alleged violations of federal antitrust laws, RICO violations, violations of Oregon antitrust laws, and wrongful interference with contracts relating to the energy crisis in California and the Pacific Northwest. The district court’s decision dismissing the action as barred by the filed-rate doctrine, the exclusive jurisdiction of the Federal Energy Regulatory Commision (FERC), and federal preemption, was affirmed on appeal in a 2-1 decision.

Appointed by the U.S. Court of Appeals for the Ninth Circuit to represent appellant in this matter concerning the notice provisions of the Immigration Act of 1990. In a precedent-setting opinion, the Ninth Circuit ruled in favor of Derek's client and unanimously reversed the trial court’s decision.

Primary author of briefs on appeal in a case involving alleged violations of federal antitrust laws in the California and Pacific Northwest energy markets. The Ninth Circuit unanimously affirmed the district court’s decision that the claims were barred by the filed-rate doctrine and FERC’s exclusive jurisdiction.

Authored amicus curiae brief on behalf of Calpine Corporation in a case involving the United States’ waiver of sovereign immunity under 43 U.S.C. § 390uu.


Legal 500 US

Recommended lawyer in Securities Litigation: Defense