Experience

False Advertising and Labeling

Representing companies in the cosmetic and personal care industries in pre-litigation dispute resolution and litigation on false advertising, unfair competition, and CLRA claims. Successfully won dismissal of unfair competition claims against a cosmetic company on the basis that the plaintiff’s labeling claims were preempted by the FDCA.

Payment Processing Litigation

Won summary judgment on behalf of a financial services provider in a business tort action. The lawsuit accused our client of unlawfully terminating payment processing services for the plaintiffs after their accounts were flagged for illegal transactions.

Trust and Estate Litigation

Representing an income beneficiary in a range of trust litigation issues, including nomination of a new permanent trustee and disputes regarding the identity of remainder beneficiaries.

Elder Abuse Litigation

Represented a developer against claims of fraud and elder abuse arising out of a real estate transaction.  The matter resolved with an early settlement favorable to our client.

CFTC Enforcement Action

Representing a precious metals retailer in both the district court and the Ninth Circuit in a federal government enforcement action brought by the CFTC alleging off-exchange transactions and fraud. The lawsuit raises novel issues regarding the CFTC’s jurisdiction, including whether depository delivery of financed metals results in “actual delivery” under the Commodity Exchange Act and the scope of the CFTC’s anti-fraud jurisdiction. Also representing the company in a parallel class action.

Mass Tort Litigation

Represented a nuclear fuel processing company in a mass tort action brought by over one hundred plaintiffs alleging personal injury and property damage. Won a complete victory at summary judgment.