Business Litigation

Appellate Litigation


Area 51 Productions v. City of Alameda

On appeal, we won a dismissal on anti-SLAPP grounds of an event promotions company’s business tort claims against a local city and its officials, with an award of attorney’s fees.  Plaintiff voluntarily dismissed the rest of the suit.  Area 51 Productions, Inc. v. City of Alameda, 20 Cal. App. 5th 581 (2018). 

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.

Authors Guild v. Hathitrust (2d Cir. 2014)

Submitted an amicus brief on behalf of the Electronic Frontier Foundation in this landmark copyright case. The Second Circuit agreed with our argument that scanning and indexing millions of books for search purposes without consent of authors and publishers is a “fair use” under U.S. copyright law.

Bilski et al v. Kappos (561 U.S. 593 (2010)

Submitted an amicus brief on behalf of Dolby Laboratories for the Supreme Court of the United States in the landmark Bilski ruling relating to business method patents. The Supreme Court relied on and cited for the proposition in overturning the Federal Circuit Court of Appeals opinion and addressing the scope of what is patentable under section 101 of the Patent Act. Specifically, that exclusive adoption of a “machine-or-transformation test” for patent eligibility “would create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals.”

Fyock v. City of Sunnyvale

Defeated a Ninth Circuit appeal of the district court’s denial of a preliminary injunction motion in a high-profile case challenging a local gun safety ordinance on Second Amendment grounds, including defeating requests for an emergency stay of the ordinance made to the Ninth Circuit and then the U.S. Supreme Court. 779 F.3d 991 (9th Cir. 2015)

Hanson v. Cable (1st Dist. Court of Appeal 2015)

Represented an NFL football team before the trial court, Court of Appeal, and California Supreme Court in a high-profile employment dispute turning on the enforceability of a coach’s arbitration agreement. We confirmed the underlying arbitration award, prevailed on appeal, and successfully opposed Supreme Court review.

MedioStream v. Acer America Corp., 626 F.3d 1252 (Fed. Cir. 2010)

Filed a petition for writ of mandate to the Federal Circuit in a patent infringement suit originally filed in the Eastern District of Texas. In a precedent-setting tactical victory, we obtained a writ of mandate directing the trial judge in Marshall, Texas to transfer the action under 28 U.S.C. § 1404(a) to the Northern District of California. Our client later won a judgment of dismissal.

Nibler v. Monex Deposit Co. (4th Dist. Court of Appeal 2013)

Obtained reversal of a trial court order denying our client’s motion to compel arbitration.

Perfect 10 v. Giganews (9th Cir. 2016)

Represented Public Knowledge, Electronic Frontier Foundation, the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries in filing an amicus curiae brief in support of Giganews, an online newsgroup host, in the copyright case of Perfect 10 v. Giganews, which is pending before the 9th U.S. Circuit Court of Appeals. The brief urged the court to maintain the important protections provided to innovators of new technologies and services that have developed over the last several decades by affirming the district court ruling.

Rotatable Technologies LLP v. Motorola Mobility, et al., 567 Fed.Appx. 761 (Fed. Cir. 2014)

Defended Motorola Mobility and Google-subsidiary Quickoffice in a patent case concerning screen rotation technology. At the district court, we prevailed on a successful claim construction argument in the Eastern District of Texas, leading to a stipulated judgment of non-infringement and invalidity. On appeal, the Federal Circuit upheld the case-dispositive claim constructions and judgment.

Tse v. Google, 570 Fed.Appx. 941 (Fed. Cir., 2014)

Represented Google in the Federal Circuit Court of Appeals seeking affirmance of a Northern District of California ruling that a digital rights management patent was invalid. The Federal Circuit ruled in favor of our client, affirming invalidity of the asserted patents.

United States v. Kaczynski (9th Cir. 2009)

Prepared an amicus brief for the Unnamed Victims of the Unabomber, who sought to prevent him from profiting from the sale of his personal property.

Vaden v. Superior Court (Outdoor Ventures) (6th Dist. Court of Appeal 2015)

Defeated plaintiff’s petition for writ of mandate seeking to overturn the trial court’s grant of summary adjudication in our client’s favor.

Viacom International Inc. v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012)

Submitted amicus briefs in support of YouTube in its successful DMCA defense against a nine-digit copyright claim by Viacom.

Firm Highlights


JIOP Alumni Spotlight: Kelly Matayoshi

Kelly Matayoshi discusses how the Judicial Intern Opportunity Program helped her career and what she'd say to students undecided about applying for an internship. Read the interview here .

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The Legal 500 United States 2019 Recognizes Farella Braun + Martel Practices & Attorneys

The 2019 edition of Legal 500 United States recognized Farella Braun + Martel among the top firms in the Construction, Land Use/Zoning, and Not-for-Profit practice areas. Recognized attorneys include: Construction Adam Dawson CJ Higley...

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Women in Cleantech & Sustainability

Lysondra Ludwig will speak at the WCS Talks - a full day TED-Style event and startup pitch competition hosted by Google.

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Lysondra Ludwig Selected to Leadership San Francisco

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Bay Area Opportunity Zones 2.0

On the heels of recently released regulation by the US government, we dive back into the state of OZs in the Bay Area. What You'll Learn What are the most important takeaways from the...

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Nonprofits and the California Consumer Privacy Act

The new California Consumer Privacy Act of 2018 (CCPA) will come into effect January 1, 2020. In most situations, nonprofits won’t be subject to the law—but in some cases they necessarily will be and/or...

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Accessory Dwelling Units Authorized in New Construction

New legislation passed by the San Francisco Board of Supervisors on June 18 now authorizes the addition of Accessory Dwelling Units (ADUs) in new construction projects for single-family homes and multi-family buildings. The City...

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Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and obtain...

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Complex Civil Litigation Symposium

Doug Dexter is a member of the planning committee for the 2019 Complex Civil Litigation Symposium.

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What California’s New Security Law Means to Your Business

Commonsense IoT security steps that startups and small business should consider to comply with California’s new law California recently enacted a new law, Senate Bill 327, that requires companies that make Internet of Things...

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