Experience

  • Securities Litigation

Novartis v. MedImmune, Biogen, Alexion

Served as co-counsel in litigation alleging infringement of patents for a vector for the expression of polypeptides. The cases were resolved by favorable settlements for Novartis. 

BVF v. Celera

Defended lab testing company in suit alleging fraud and breach of fiduciary duty in connection with disclosures made relating to the value of assets to be sold to Quest.  

Vaccine Act Litigation

Defended claims brought against vaccine manufacturer and obtain removal and dismissal under Vaccine Act and PREP Act. 

Licensing Arbitration

Lead counsel to major pharmaceutical company in series of arbitrations regarding licensing of blood screening technology and interpretation of licensing terms.  Prevailed and obtained an award of attorneys’ fees.

Beckman Research Institute v. Genentech

We represented Genentech in an arbitration proceeding concerning the royalties due the plaintiff under a research and license agreement regarding recombinant DNA technology, which resulted in the issuance of two patents and the development and commercialization of two highly successful anti-cancer drugs.

Historic $575 Million Settlement With Sutter Health in Antitrust Class Action

Medical Website Image

Represent UFCW & Employers Benefit Trust (UEBT) and a certified class of direct purchasers of hospital services in seeking preliminary approval of a historic settlement reached on the eve of trial in the landmark antitrust class action against Sutter Health, the largest hospital system in Northern California. Sutter has agreed to pay $575,000,000 in monetary relief and to comply with comprehensive injunctive relief, including an independent monitor who will police Sutter’s compliance with the proposed final judgment over a 10-year period.

Titeflex

Serve as national coordinating counsel for products liability litigation relating to gas delivery system, and products liability counseling relating to Prop. 65.

MPS Acquisition, Inc. v Micro Power Systems, Inc., et al.

Defended Micro Power Systems, Inc. in a multi-million dollar suit for breach of contract, fraud and conspiracy resulting from failed acquisition negotiations.  Obtained judgment for the defendant, and then acted as lead counsel in a trial in Santa Clara Superior Court before the Honorable Conrad Rushing to successfully establish alter-ego liability against the principals of MPS Acquisition, Inc. to enforce recovery on cross-complaint. Obtained a verdict in favor of plaintiffs on all issues, which was affirmed on appeal.

Technology Licensing Agreement Arbitrations

Represented Novartis in a series of arbitrations arising out of technology licensing agreements.

Stafursky et al. v. Internet Success Systems et al.

Defended a nationwide leasing company in a class action alleging deceptive marketing practices, including violations of the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and common law fraud and unjust enrichment. We derailed the plaintiffs' case at the outset of the litigation by obtaining a trial court order staying all claims against our client based on a forum selection clause that required the plaintiffs to bring their claims in another state. We then successfully settled the matter on favorable terms.

Chiron v. Hoffman-LaRoche

We represented Chiron Corporation (now Novartis) as a plaintiff in this patent infringement action in the Northern District of California. The case involved the patent for a vaccine for the Hepatitis C virus, as well as antitrust counterclaims.

Creo Products v. Dainippon Screen

Successfully defended Japanese manufacturer Dainippon Screen against patent infringement and trade secret claims brought in the United States District Court for the Western District of Washington. Obtained summary judgment of non-infringement in our client's favor based on application of prosecution history estoppel, and summary judgment dismissing all other claims and an award for attorneys' fees in favor of our client. The district court judgment was affirmed in all respects by the Federal Circuit.

Weiner v. Cal Shake

Represented a class of homeowners in a trial relating to sale of defective products.

Ischemia Research and Educational Foundation v Pfizer, Inc., et al.

We defended Pfizer, Inc. against claims of trade secret misappropriation in Santa Clara County Superior Court.  The plaintiffs’ misappropriation claims arise out of clinical drug trials for Bextra, a second generation COX-2 inhibitor.

CyberMedia v. Symantec, et al.

Represented an Atlanta-based software development company and its officers in connection with copyright and trade secret claims arising out of the development and sale of a popular software program.

Hodge v. Franklin; Vigneau v. Franklin

Represented the directors of a publicly traded Real Estate Investment Trust in companion state court class actions alleging violations of securities laws and related statutes.

Visa v. Maritz

Represented Visa in connection with claims against Maritz arising out of Maritz's attempt to develop and deploy a points based rewards program for Visa and its members.

John Goodman / Goodman Real Estate

Represented board member and co-owner of entity contracted to provide privatized housing for military personnel and their families as a defendant in two suits for fraud (in California and Georgia) and a federal grand jury investigation out of Virginia. Issues include breaking into federal facilities, insurance fraud, and other frauds. Monterey Bay Military Housing v. Pinnacle Monterey, et al. and Fort Benning Family Communities, et al.

Firm Highlights

Event

Natural Resource Damages Conference

Sarah Bell is a program co-chair of Law Seminars International's 14th Annual Advanced Conference on Litigating Natural Resource Damages Santa Fe.   Sarah and James Colopy are speakers at the August 12 session "Sources of...

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News

Key Cyber Insurance Issues Hitting the Cannabis Industry

Tyler Gerking was quoted in the article "Key Cyber Insurance Issues Hitting the Cannabis Industry." Read the full article here . View full webinar below.

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Event

Fire Season Preparedness: What Wineries Should Do Now

Join Quinn Arntsen and MaryJo Lopez with guest speaker Christopher Thompson of Napa Communities Firewise Foundation in the discussion on "Fire Season Preparedness: What Wineries Should Do Now." California is at the start of...

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Publication

New Statewide Winery Order: What Wineries Need to Know

Buzz Hines and John Ugai, along with guest speakers, Timothy Simpson and Mehran Ebrahimi from GSI Environmental Inc, discuss "New Statewide Winery Order: What Wineries Need to Know." The new statewide General Waste Discharge...

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News

Plan for Off-Shore Turbines Likely To Generate Many Billable Hours

David Lazerwitz provided commentary in the Daily Journal article "Plan for Off-Shore Turbines Likely To Generate Many Billable Hours."  In the article, David noted that we are still a long way from actually developing...

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Publication

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa ., the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although...

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Publication

Cyber Insurance for the Cannabis Industry

Farella's Shanti Eagle (moderator), Nate Garhart and Tyler Gerking, along with guest speakers Javier Gonzalez and Michael Peters from PL Risk Advisors, discuss "Cyber Insurance for the Cannabis Industry." Cannabis businesses have cyber security...

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Publication

What to Know About Taking a Data Center Company Public Through a SPAC

A recent IPO by InterPrivate IV Infratech Partners, a digital infrastructure-focused special purpose acquisition company, or SPAC, raised $250 million. Its impressive fundraising and management team, led by former CyrusOne CTO Kevin Timmons, may cause privately...

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News

Farella Managing Partner Statement in Support of the Jewish Community

Farella Braun + Martel Managing Partner Brian Donnelly’s message to the firm honoring Memorial Day and statement in support of our Jewish colleagues, clients, and communities. Memorial Day is a time to pay tribute to the fallen...

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Event

Eviction Moratoriums and Commercial Leasing: Current Issues

Join Tony Schoenberg and Jonah Trotz with guest speakers Marsha Ramsey and Margaret Duskin of Cushman & Wakefield in the discussion on "Eviction Moratoriums and Commercial Leasing: Current Issues." The pandemic has had wide ranging...

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