Experience

  • Claims Litigation
  • Environmental Liability

Regional Wastewater Treatment Plant

Represented Monterey Regional Water Pollution Control Agency in defending multimillion dollar claims by the contractor concerning the design and construction of secondary treatment plant.

FelCor

We have represented FelCor, a Texas REIT and operator of Holiday Inns' hotels in San Francisco, in an appeal in front of the San Francisco Handicap Access Board of Appeals, resulting in the exemption of a Hotel's parking facility from compliance with certain access requirements. We also have represented FelCor in disputes relating to its centralized operation of and advertisement for several Holiday Inn hotels, and the allocation of and accounting relating to associated costs and fees.  Through a mediation process involving accountants and industry experts, we were able to structure a resolution between the owners and operators relating to both past and future practices.

General Electric Transportation Systems, Global Signaling, LLC

Represented General Electric Transportation Systems, Global Signaling, LLC in a multi-million dollar breach of contract dispute with Bay Area Rapid Transit (BART) related to the development of an experimental computerized system that would automatically control BART trains using adapted military technology.

San Diego Expressway Toll Road

State Route 125 South (SR 125) is a limited access toll road in San Diego County, California. It was one of the first, and to date largest, Public-Private Partnership (PPP) projects in California. We defended our developer clients against about $500 million in claims related to the development, design and construction of the toll road, including many issues of first impression regarding PPP financing of design-build infrastructure, and pursued a number of counterclaims valued at about $100 million.

AP Companies, LLC v. Kriti Properties (2d Dist. Court of Appeal 2010)

Defended an appeal from a trial court judgment confirming an arbitration award in favor of our clients, and prevailed on our cross-appeal to have the judgment amended to have an alter ego named as a joint judgment debtor.

Mare Island Naval Shipyard (former)

Represented a subsidiary of CH2M Hill in litigation arising out of the environmental investigation and remediation of the former Mare Island Naval Shipyard in Vallejo, California.

Fujian Pacific Electric Co. – Coal-Fired Power Plant

Represented Fujian Pacific Electric Co. in prosecuting claims for liquidated damages and defending claims for delay, bonus payments and extra work, arising out of a coal-fired power plant in Fujian Province, Peoples Republic of China.

Nuclear Test Technology Complex

Represented Lawrence Livermore National Laboratory in a dispute involving more than $5 million in claims for delayed completion, cost overruns, and deficient design arising from the architectural and engineering services provided for the design and construction of the Nuclear Test Technology Complex, a laboratory and office center.

Plastic Pipe Water Distribution Systems Failures

Represented the Marin Municipal Water District, Alameda County Water District and the City of Fresno pursuing claims for millions of dollars in damages for past and future plastic pipe failures within their water distribution systems.

Transmission Lines and Power Plants

Represented the Turlock Irrigation District in a variety of matters, including disputes arising out of the construction of transmission lines and power plants.

Firm Highlights

Publication

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

Stephanie Skaff and Erik Olson discuss "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has, and as data has...

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Event

Fire Season Preparedness: What Wineries Should Do

Tyler Gerking is the moderator and Jennifer Bentley is a speaker at the Paso Robles Wine Country Alliance program "Fire Season Preparedness: What Wineries Should Do.”  Guest speakers include Piper Cole and Joe Nordlinger...

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News

Farella’s Family Wealth and Private Client Offerings Bolstered by Two New Partners

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Publication

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance...

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News

As Feds Step Up White-Collar Enforcement, Companies Face Heightened Risks

Aviva Gilbert, Farella partner and co-chair of the firm's White Collar Criminal Defense and Internal Corporate Investigations Group, was quoted in the Corporate Counsel article "As Feds Step Up White-Collar Enforcement, Companies Face Heightened...

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News

Welcome to Upside: A podcast by Farella's Private Equity and Venture Capital Group

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Publication

Internal Investigations for Nonprofits: A Means of Identifying and Addressing Misconduct Before the Regulators Come Calling

The worst nightmare for most nonprofit board members is a complaint that sparks an investigation of misconduct at the organization. The ember may have been burning for some time before the board becomes aware...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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Publication

Importance of Monetizing Intellectual Property Assets of a Portfolio Company

In this Upside episode, we explore developing and monetizing intellectual property assets of a portfolio company. How does a new company go about developing a patent portfolio? And why spend the time and effort...

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Event

Navigating the Permitting Process & Expediting Projects to Build a Better City

CJ Higley is a speaker at Bisnow's San Francisco Construction & Development event "Navigating the Permitting Process & Expediting Projects to Build a Better City.” What You'll Learn: Construction costs, labor shortage, and supply...

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