White Collar Defense

Recognized in Chambers USA and Best Lawyers for our white collar practice, we are frequently called upon to defend executives and companies facing criminal investigations and prosecutions.  Our attorneys include highly regarded former federal prosecutors and experienced defense counsel with deep experience investigating, prosecuting, and defending against a vast range of allegations, including investment fraud, bank fraud, healthcare and insurance fraud, tax evasion, intellectual property theft, food and drug safety, and political corruption.

Persuaded DOJ to forego criminal insider trading charges and secured the termination of a related SEC investigation against an individual day trader who purchased options of a target company prior to a merger.

Persuaded DOJ officials not to bring criminal charges against a food preparation company following a listeria outbreak. 

Helped convince DOJ not to bring criminal antitrust charges against a streaming media provider following government investigation of alleged “no poach” agreements with other technology companies.

Obtained dismissal of felony conviction of San Francisco police officer charged with filing false documents.

Antitrust Litigation and Counseling

Companies turn to us to navigate the complexities of antitrust litigation and compliance.  Led by a former FTC official who has been recognized in Chambers USA, Best Lawyers, and Who’s Who Legal: Competition, our antitrust practice includes seasoned antitrust litigators who have successfully defended and prosecuted antitrust actions at trial, obtained early dismissal of antitrust claims, and guided individuals and companies through FTC and DOJ investigations.  On the compliance side, we offer practical, business-oriented advice based on years of experience.

Beckman Coulter v. Quidel Corp.: Lead counsel for diagnostic healthcare product manufacturer in antitrust challenge to exclusive dealing agreement.  Won precedent-setting decision on a writ of mandate to the California Court of Appeal and successfully defended the decision at the California Supreme Court.

Realcomp II Ltd.: Lead trial counsel for the FTC in challenge to rules set by a real estate broker joint venture. Won a unanimous Commission decision, which was upheld by the Sixth Circuit.

1-800 Contacts, Inc.: Trial counsel for the respondent in a five-week antitrust trial challenging settlements of trademark litigation, which led to a precedent-setting victory at the Second Circuit Court of Appeals.

Union Oil Company of California: Trial counsel for the FTC in a 43-day monopolization trial involving patents covering reformulated gasoline. Obtained complete relief through a consent decree.

Rambus Inc.: Trial counsel for respondent in a 54-day trial of monopolization claims involving patents and standard setting. Obtained dismissal of all claims.  Win was upheld by the D.C. Circuit Court of Appeals. 

In re TFT-LCD Flat Panel Antitrust Litigation: Defended LCD panel manufacturer in opt-out litigation brought by large retailers following class action settlement. Obtained numerous settlements.

UFCW & Employers Benefit Trust v. Sutter Health: Defended health care company in antirust class action and related proceedings brought by the California Attorney General regarding contracting practices for healthcare services. Case settled weeks before scheduled trial.

Complex Civil Litigation

Recommended by Best Lawyers, our commercial litigation practice focuses on complex disputes facing both companies and executives.  Our lawyers have won month-long trials, navigated multidistrict litigation, defended against class actions, and prevailed on appeal.

Zilincik v. Tesla Motors: Lead trial counsel for defendant in a six-week breach of contract trial involving employee stock options. Won judgments against 29 of 47 plaintiffs and cut damages to 2% of the demand. Won twice at the California Court of Appeal, resulting in a total victory for the client.

CERT v. Starbucks Coffee: Trial counsel for coffee manufacturers in proceedings seeking to require Proposition 65 warnings on packaged coffee products. A new regulation confirmed that warnings are not required on coffee products and the coffee manufacturers prevailed on appeal.

In re JUUL Labs, Inc. Marketing, Sales Practices, and Products Liability Litigation: Defended co-founder of JUUL Labs in bet-the-company, expert intensive, multi-district litigation proceedings and related JCCP pending in state court.
 
Equity Compensation Arbitration:  Lead counsel for the employer in a $60 million equity compensation dispute with a terminated executive.  Obtained complete victory after a full-blown arbitration hearing.
 
Sheikh v. Tesla, Inc.: Co-lead counsel defending auto manufacturer in class action regarding Enhanced Autopilot features. Obtained class-wide settlement.

Klein v. Altria: Defended co-founder of JUUL Labs in securities class action related to transaction with Altria. Obtained settlement that included releases of claims against co-founder.

Himmel, derivatively on behalf of McKesson Corporation, v. Hammergren: Defended directors of McKesson in derivative litigation asserting Caremark claims related to drug pricing. Won dismissal of all claims.

In re: Level 3 Communications, Inc Securities Litigation: Defended telecommunications company and its officers and directors in securities class action. Dismissal of action affirmed on appeal by Tenth Circuit.

Internal Corporate Investigations

Executives, directors, board committees, and organizations retain us to conduct or represent them in internal investigations. We advise directors and executives on governance obligations and assist with structural issues, such as board committee composition or the optimal roles of board members.  We work with companies’ legal and compliance teams on risk diagnostics and compliance program implementation.

Confidential Investigation of Revenue Projections: Investigated allegations regarding revenue projections for a public company involved in cutting-edge process for manufacturing electronic device components and reported findings to board, audit committee, and SEC.

Confidential Investigation of Revenue Projections: Investigated allegations regarding revenue projections for an innovative pre-IPO technology company and reported findings to board and external auditors.

Confidential Internal Investigation of Anti-Money Laundering Compliance: Represented board of international bank in internal investigation of anti-money laundering compliance procedures.

Confidential Investigation of Inventory Practices: Structured and managed a worldwide internal investigation team whose work product ultimately convinced the government not to take action against the Fortune 50 company client over retail inventory practices.

Regulatory Investigations and Litigation

We defend executives and companies in investigations and litigation brought by the Securities and Exchange Commission, Financial Industry Regulatory Authority, Commodity Futures Trading Commission, State Attorneys General, Federal Trade Commission and other government and self-regulatory bodies, involving claims such as accounting irregularities, internal controls deficiencies, abusive trading, and unfair trade practices.

Representing tech founder in investigations and trade practices enforcement litigation by Attorneys General in eight states.

In re Charles Schwab Corp. Securities Litigation: Defended mutual fund company and its officers and directors in securities class action and related regulatory proceedings regarding mutual fund’s investments in mortgage-backed securities. Guided clients through producing documents to regulators, regulatory interviews, responding to a Wells notice, and settlement negotiations with the SEC.

Persuaded the Federal Trade Commission to file an amicus brief supporting client’s position on a critical issue in intellectual property litigation.

Represented company in Federal Trade Commission investigation involving alleged restraints on labor mobility.

Trade Secret Litigation and Employee Mobility

Companies rely on us to help protect their trade secrets.  We have tried trade secrets cases—including criminal matters—and advise organizations and individuals on issues relating to job transitions.

Tesla, Inc. v. Rivian Automotive: Counsel for the plaintiff in a trade secrets case against competitor and eleven former employees accused of stealing trade secrets. 

American Reprographics Co. v. Crisp Enterprises: Co-lead trial counsel for plaintiff in 3-week trade secrets case. Settled on appeal. 

We have represented more than three hundred technology executives and employees in connection with such matters as trade secret protection, and the enforcement of non-competition, non-solicitation, and non-disparagement provisions arising from job transitions.