Henry J. Silberberg
Arbitrator & Mediator
Silberberg Resolution Services
 


P.O. Box 16496
Beverly Hills, CA 90209
Phone: 310-276-6671
Fax: 716-299-3693

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Curriculum Vitae of Henry J. Silberberg

Profession

Arbitrator, Mediator, ADR Consultant and Attorney 

Work History 

2008-present: Self-Employed, Silberberg Resolution Services
2007: Partner, Thelen Reid Brown Raysman & Steiner LLP
1995-2006: Managing Partner/Los Angeles Office, Brown Raysman Millstein Felder & Steiner LLP
1977-1995: Co-Managing Partner/Los Angeles Office, Stroock & Stroock & Lavan LLP
1970-1976: Associate/ New York Office, Stroock & Stroock & Lavan LLP
1969-1970: Instructor of Law, UCLA School of Law
1968-1969: Law Clerk, The Honorable Sterry R. Waterman, United States Court of Appeals for the Second Circuit

Education 

New York University School of Law (J.D. cum laude 1968)
     Order of the Coif
     Pomeroy Scholar
     Law Review 

City College of New York (B.S. 1965)

Alternative Dispute Resolution Experience

Mr. Silberberg has presided over hundreds of arbitrations. They have involved claims for contract interpretation, breach of contract, specific performance and injunctive relief, valuation of shareholder or member interests under buyout provisions; shareholder/LLC member derivative claims; class action claims; partnership disputes; challenges to the validity of corporate bylaws; corporate and partnership governance issues; claims relating to mergers and acquisitions; insurance coverage claims; business tort claims for misappropriation of trade secrets, breach of fiduciary duty, fraud, tortious interference, and unfair competition; claims relating to the production and distribution of motion pictures; accounting claims concerning contingent bonus or profit participation rights relating to multi-year television shows; liquidation and dissolution claims; executive employment disputes; disputes between law and accounting firms and their clients and attorney malpractice claims. These arbitrations have covered a diverse cross section of industries, including real estate, insurance, advertising, entertainment, sports, securities, hedge funds, mutual funds, investment products, precious metals, technology, industrial equipment, fitness equipment, healthcare, medical devices, medical and dental practices, energy conservation, geothermal energy resources, farming, video games, musical instruments, wine and spirits, restaurants, mobile home parks, theatre facilities, accounting firms and law firms.

The following are specific illustrations of cases in which Mr. Silberberg was the arbitrator or the Chair or member of an arbitration panel in which awards were rendered:

  • Claims challenging the validity and application of various bylaws in connection with a consent solicitation by shareholders of a public REIT owning approximately 9.8% of the outstanding shares to remove the Company's board of trustees without cause.
  • Claim for an accounting following the exercise of contractual audit rights of writer and executive producer for a multi-year television series concerning contingent bonus or profit participation provisions in the contract. 
  • Contract and fraud claims by a terminated President of a manufacturer of baseball and hockey equipment for amounts allegedly due under the Company's equity and cash management incentive plan.   
  • Claim for injunctive relief and specific performance or alternatively $58 million in damages under contract for sale of blood plasma, as well as claims for promissory fraud and misappropriation of trade secrets.
  • Claims involving the validity of the buyout provision in an LLC operating agreement, valuation of the claimant's interest in the company and the propriety of offsets asserted by the company against the claimant, the company's former CEO.
  • Claims for breach of financial and regulatory representations and warranties and related fraud in connection with the sale of a company in the healthcare industry.  
  • Claims and counterclaims emanating from alleged agreements between French and Canadian companies to exploit the worldwide market for certain machinery.
  • Dispute among law partners relating to the breakup of their law firm, real property owned by the partners at which the law firm's offices were located and third party creditor claims. 
  • Dispute between general partner and limited partners regarding management of a mobile home park, management fees and partner distributions.
  • Claims and counterclaims for breach and enforceability of distribution agreement between Korean piano manufacturer and its U.S. distributor.
  • Claims against terminated agent for breach of non-solicitation and confidentiality covenants, misappropriation of trade secrets and tortious interference.
  • Claims for breach of license to market and commercially exploit exercise equipment products via infomercials and otherwise.
  • Competing derivative claims by members of a 10 member LLC operating a medical diagnostic imaging center as to whether the buyout rights under the operating agreement have been triggered, numerous fiduciary duty issues, sexual harassment issues, allegations of Medicare fraud and efforts to oust existing management and to have a receiver appointed. 
  • Claims and counterclaim requiring interpretation of joint venture agreement relating to the exploration and development of geothermal energy resources on lands leased from the US Government under leases subject to rules and regulations administered by the Bureau of Land Management of the US Department of the Interior.
  • Claims and counterclaims between shareholders of an entity providing energy conservation services to U.S. military bases and other government entities, including allegations of a freeze-out of the minority 40% shareholder by the two other shareholders, mismanagement, breach of fiduciary duty, fraud, and breach of contract seeking a fair value buyout under Nevada law, enforcement of a contractual buyout provision, damages and declaratory relief.
  • Claim for breach of fiduciary duty against a non-profit general partner of a low income housing development for alleged failure to obtain and/or maintain real property tax exemptions. 
  • Claim against a law firm for legal malpractice and excessive billing relating to a lawsuit between former partners in an advertising industry related business.
  • Claim for breach of "change in control" provisions of an executive employment agreement. 
  • Claim against director/actor of independent film for leaving in the midst of production after the production company suspended production to consider budget and production issues allegedly attributable to the respondent's conduct.
  • Claim for breach of contract and fraud in connection with the sale of precious metals (gold and silver).
  • Competing claims under a sponsorship agreement between a professional sports team and a national advertiser regarding the applicability of the "make goods" and termination provisions.
  • Claim for liquidated damages under a real estate purchase and sale contract.
  • Competing breach of contract and fiduciary duty claims between partners of a partnership which owned a nursing home and assisted living facility which was leased to and operated by one of the partners.
  • Claims and counterclaim under independent motion picture distribution agreements regarding minimum guarantee, delivery and audit/accounting issues. 
  • Claims by investors in hedge funds for breach of fiduciary duty and misrepresentation against the general partner/financial advisor to the funds for losses incurred by the claimants on their investments in the funds.
  • Claims for damages and equitable relief by a minority against the majority of members in an LLC with respect to corporate governance, fiduciary duty and contractual issues relating to the majority's refusal to support a proposed sale of the LLC's multi-use retail/office/residential real estate complex. 
  • Claims under agreement to provide Naming Rights sponsor for a major retail and entertainment real estate complex.
  • Claims and counterclaims under agreements to distribute motion pictures for the international airline and cruise markets. 
  • Claims for breach of contract, breach of fiduciary duty, misrepresentation, conversion and an accounting relating to the alleged failure of the foreign distributor of a motion picture to remit proceeds received under license agreements made as the producer's agent with sub-distributors. 
  • Claims regarding interpretation and application of termination, limitation of liability and pricing provisions in a distribution agreement concerning spare and replacement parts used in flight control systems in commercial and military aircraft and products servicing the power generation market, as well as competing contentions of interpretation and performance of a manufacturer's representative agreement. 
  • Claims regarding interpretation of a film distribution agreement in connection with the distributor's assignment for the benefit of creditors after the distributor's receipt of delivery of the film.
  • Baseball arbitration pursuant to FCC Order relating to dispute concerning online distribution rights to film and television programming. 
  • Claim by a terminated CEO of a medical device manufacturing company for  bonus and severance compensation pursuant to terms of his employment contract.
  • Claims of a group of hospitals for late penalties under the Texas Prompt Payment Act against the administrator of self-funded employer health plans and health plans covering employees of the State of Texas and the federal government.
  • Class action claims of tomato growers/farmers against a tomato processor for alleged improper offsets relating to overpayments made to growers in prior years and for alleged violation of California Business & Professions Code Section 17200 et seq. for alleged manipulation of delivery schedules and production rates.   

Mr. Silberberg's experience in arbitration as counsel have included such matters as:

 (a) Representation of a large Colombian textile company in defense of claims under a joint venture agreement pursuant to which the venture was to manufacture clothing in Colombia for export and sale in the United States. 

 (b) Representation of a Los Angeles-based real estate investor in multi-party disputes regarding ownership and operations of a Texas shopping center property.

 (c) Representation of an independent record producer in an arbitration against a record company seeking injunctive and monetary relief arising out of an agreement not to manufacture, distribute or use certain music and related artwork.

 (d) Representation of the sponsor of "tax shelter" programs in defense of claims by investors in NASD administered arbitrations.

(e) Prosecution and defense of claims for payment of financial advisory fees and/or finder's fees in connection with the sale or acquisition of a business. 

Mr. Silberberg also has testified in arbitrations as an expert witness in reinsurance disputes on issues relating to the legal fees incurred by the reinsured in connection with the underlying case.

Mr. Silberberg currently is a member of the American Arbitration Association's Large Complex Case, Commercial, Entertainment, Financial Services, M&A and Joint Venture, Securities and Healthcare Panels; the Independent Film and Television Alliance Arbitrator Panel; the U.S. Panel for the ICC International Court of Arbitration; and on a pro bono basis, the Mandatory Fee Arbitration Panel of the California State Bar and the Los Angeles County Bar Association. Mr. Silberberg is a Fellow of the College of Commercial Arbitrators.

Alternative Dispute Resolution Training

  • AAA/ICDR, California International Arbitration Summit, 2016
     
  • College of Commercial Arbitrators, Annual Meetings, 2015, 2014 and 2012 
  • LACBA / CCA Faculty, What Lawyers and Arbitrators Need to Know About Commercial Arbitration, 2014 
  •  AAA Faculty, Maximizing Efficiency and Economy in Arbitration: Challenges at the Preliminary Hearing, 2013 
  •  AAA Faculty, Managing the Arbitration for Efficiency and Economy Following the Preliminary Hearing, 2013
     
  • AAA, Enough Already! Striking the Right Balance in Discovery, 2014   
  • AAA, How to Become a More Innovative Neutral and Advocate: Applying Cutting Edge Innovation Management Techniques to Your ADR Practice, 2011
     
  • AAA, Economy & Efficiency in International Dispute Resolution, 2011
     
  • ABA Section of Dispute Resolution 12th Annual Spring Conference, 2010 
     
  • AAA and ICDR Neutrals Conference, International Awards: Remedies, Damages and Interest, 2009
     
  • AAA and ICDR Neutrals Conference, Chairing the ICDR International Arbitral Tribunal, 2009
     
  • AAA and ICDR Neutrals Conference, Managing the ICDR Guidelines on Information Exchange, 2009  
     
  • Arbitrator Training, Independent Film & Television Alliance, 2015 (Webinar), 2013, 2011, 2010 and 2009
     
  • Straus Institute for Dispute Resolution, Pepperdine University School of Law, Mediating the Litigated Case, 2008
     
  • Straus Institute for Dispute Resolution, Pepperdine University School of Law, Negotiating, Mediating and Managing Conflict: Evolution in a Global Society, 2008
     
  • State Bar of California’s Committee on Mandatory Fee Arbitration, Fee Arbitration Training, 2008
     
  • Arbitrating Chinese, Foreign Business Disputes: The Hong Kong Option, 2007
     
  • AAA, Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2007
     
  • AAA, Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, 2006
     
  • AAA, Dealing With Delay Tactics in Arbitration, 2005
     
  • AAA, Arbitrator Ethics & Disclosure, 2005
     
  • AAA, Commercial Arbitrator II Training: Advanced Case Management Issues, 2002
     
  • AAA, Arbitrator Update, 2001
     
  • AAA, Commercial Arbitrator Training, 1999 

Bar Memberships

        New York, 1968

        California, 1976

Court Admissions 

        Supreme Court of the United States

        U.S. Court of Appeals for the Second, Ninth and Federal Circuits

        U.S. District Courts for the Eastern and Southern Districts of New York

        U.S. District Courts for the Central, Southern, Northern and Eastern Districts of California

Professional Affiliations

        American Bar Association (Section of Dispute Resolution)

        Los Angeles County Bar Association

        Fellow, College of Commercial Arbitrators

Professional Experience as a Lawyer

Henry Silberberg has 37 years of experience in the private practice of law representing a diverse clientele from large public companies to privately-held and family businesses and entrepreneurial individuals. His practice covered the gamut of business/commercial litigation and transactional disputes, including disputes among partners, shareholders and joint venturers, and disputes involving real estate, intellectual property, securities (including shareholder derivative and class actions), corporate and partnership governance, employment law (representing employers and senior executive employees), financial services, mergers and acquisitions, entertainment, sports, advertising, e-commerce, healthcare, insurance (representing insurers and insureds) and legal malpractice claims. He has tried jury and non-jury cases in the state and federal courts. Mr. Silberberg has an established record in litigating disputes to successful conclusions and in assisting his clients in reaching consensual resolutions under the most acrimonious circumstances. His experience has provided him exposure to aspects of the laws in a number of foreign countries, including Canada, Chile, Colombia, England, France, Germany, Hungary, India, Israel, Japan, Korea, Mexico and Panama.

While Mr. Silberberg's practice of law was focused in the litigation and arbitration arenas, a part of his practice was to serve, in effect, as outside general counsel to privately held companies who relied upon him for advice with respect to business formations, corporate governance and insurance issues, internal and external investigations, and the negotiation, making and termination of contracts ( e.g., mergers and acquisitions, buy-sell, licensing, distribution, employment, joint venture, shareholder and partnership agreements).

Mr. Silberberg was named by Law & Politics and Los Angeles Magazine a Southern California Super Lawyer in the Business Litigation category for 2006 through 2009.

Selective Representations as Counsel: 1970 - 2007

Partnerships/ Joint Ventures/ General Business

  • Representation of a Special Master appointed by a federal court in overseeing and supervising the operations, liquidation and litigation entanglements of a real estate company, in its capacity as general partner of nine limited partnerships which raised some $75,000,000 and which through prior management, engaged in questionable and improper transactions to the detriment of the several thousand limited partners.
     
  • Representation of a television production company in defense of breach of contract and fraud claims in an action seeking in excess of $40 million relating to a television commercial which appeared on a national retailer’s website.
     
  • Representation of a Japanese advertising agency and its U.S. subsidiary involving claims for the enforcement of an agreement with a client pursuant to which shares of the client were issued under Regulation S promulgated under the Securities Act of 1933, claims for payment of monies due for advertising services, and counterclaims alleging fraud and accounting issues.
     
  • Representation of a law firm and most of its former partners in defense of claims by the one partner who chose not to join in the merger of the law firm into another firm.
     
  • Representation of a licensor for breach of a license agreement and a warrant issued by a public company licensee as part of the consideration for the exclusive domestic license to market a cancer treating system to test the sensitivity or resistance of tumor cells to chemotherapeutic drugs and radiation.
     
  • Representation of an investment banking firm and one of its officers in an action involving claims for fraud, negligent misrepresentation, breach of fiduciary duty and civil RICO violations allegedly resulting from financing arranged for the plaintiff for the purchase of certain radio stations and the subsequent termination of the financing arrangement.
     
  • Representation of a domestic oil refiner and affiliated entities in defense of a lawsuit brought by a foreign bank seeking in excess of $150,000,000 allegedly due under various loan agreements and stock allegedly pledged as security for the loans.
     
  • Representation of a financial institution in bankruptcy proceedings in connection with loans of approximately $40,000,000 and in the related state court litigation against the guarantors of the loans.
     
  • Representation of an oil refiner in obtaining a mandatory preliminary injunction requiring a crude oil supplier to honor a contractual obligation to deliver crude oil at a time when the nation was suffering from a crude oil shortage and spot market prices exceeded the prices at which the defendant allegedly was required to sell under the long-term agreement between the parties.
     
  • Representation of a lender in trial of an action against guarantors of a corporate debt in which the defendants contended the guaranties were invalid and unenforceable.
     
  • Representation of a Panamanian corporation in a trial of an action for breach of contract involving reciprocal put and call provisions in contracts respecting the sale of stock in a copper refining company located in Chile.
     
  • Representation of a major California retailer and various of its directors and officers over a 5 year period in a series of state and federal lawsuits adverse to the company’s former chief executive officer and related parties. The issues litigated included a challenge to the accuracy of the tender offer materials pursuant to which control of the company was acquired, claims under the California Corporations Code to place the company into involuntary dissolution, the rights of the former chief executive officer under an employment contract, claims of tortious interferences with contract, indemnity rights, allegations of mismanagement, breach of fiduciary duty, etc.
     
  • Representation of a public oil refiner in defense of consolidated shareholders derivative and class actions in claiming breach of fiduciary duty and fraud in connection with a myriad of corporate acts, including the alleged improper payment of “greenmail” in the settlement of a prior takeover attempt.
     
  • Representation of a large syndicator of oil and gas properties from 1982 through 1988 against various of the plaintiffs’ former officers and directors for breach of fiduciary duties, corporate waste and mismanagement.
     
  • Representation for many years of a manufacturing company owned by two 50% shareholders who were constantly at odds with one another and suing one another and their respective family members involved in the business, including with respect to statutory involuntary dissolution and valuation proceedings.
     

Real Estate
 

  • Representation of five public limited partnerships in a federal action for civil RICO violations and common law fraud claims against multiple defendants associated with a real estate complex of 2,300 apartment units and a series of transactions relating to the ownership and financings of the project.
     
  • Representation of a landlord of prime Beverly Hills commercial property in assorted disputes with a significant tenant respecting both the landlord-tenant relationship and the landlord’s 49% shareholder investment in the tenant corporation.
     
  • Representation of a financial institution in a trial and subsequent appeal in defense of allegations that the client and/or its assignee breached a 75 year term shopping center ground lease by violating right of first refusal, assignment without the landlord’s consent and Base Year Rent and Overage Rent provisions.
     
  • Representation of an owner of multiple New York City office buildings in lawsuits and in arbitrations in numerous landlord-tenant disputes regarding various lease interpretation and other issues. 
  • Representation of corporate lessee of commercial property and its principals who co-owned the property with others in disputes with the other co-owners of the property. 

Employment

  • Representation of a senior executive of a major real estate organization in litigating claims in connection with the default by the company under complex employment and equity agreements and related guarantees.
     
  • Representation of a start-up wireless communications company in mediating and negotiating claims of a terminated alleged founder to equity entitlements similar to those of the persons with whom he worked in the early development stage of the company who became senior management members.
     
  • Representation of the former Vice President of Research and Development at a NYSE-listed manufacturer of golf clubs and inventor of a process critical to the success of the Company's golf clubs in the prosecution of contractual and tort claims arising from the Company's alleged failure to pay for the right to exploit the plaintiff’s invention and alleged termination of his employment. (In a settlement consummated shortly before trial, plaintiff received $12,000,000 in cash and a six year, essentially non-terminable, non-exclusive employment agreement under which he became entitled to a minimum of $500,000 per year plus benefits and options to purchase 600,000 shares of the Company's traded stock.)
     
  • Representation of the Executive Vice President of a NYSE company in litigating  claims of constructive employment termination under the terms of an employment contract and executive and employee benefit plans.
     
  • Representation of a public entertainment company, a group of advertising agencies and other clients in defense of wrongful termination claims and in counseling on employment matters.
     
  • Representation of a national retailer in a trial of an action brought by the Department of Labor alleging violations of the Equal Pay Act. 
     
  • Representation of an Internet security company in disputes with its former Chief Technology Officer who was a founding shareholder and continued to own a significant minority interest in the company after his employment with the company terminated.

Entertainment / Intellectual Property

  • Representation of a manufacturer and seller of video gaming machines in defense of patent infringement claims.
     
  • Representation of an entertainment company in defense of copyright, trademark, right of publicity, unfair competition and contractual claims arising out of the client’s production of a pay per view video from a concert, brought by persons and various bands who performed at the concert.
     
  • Representation of a music production company in defense of copyright, trademark, right of publicity and unfair competition claims arising out of a nationally televised beer commercial brought on behalf of the copyright owners and the members of a music group whose music was employed in the commercial.
     
  • Representation of a national photography studio in a federal jury trial alleging claims for breach of confidence, breach of fiduciary duty, fraud, negligent misrepresentation, conversion and unfair competition, arising out of an alleged misappropriation of a product plaintiffs claimed to have developed.
     
  • Representation of the Jockeys’ Guild in litigation against most of the thoroughbred race tracks in the United States and the Thoroughbred Racing Associations of North America, Inc. for declaratory and injunctive relief respecting the common law and statutory rights of publicity of jockeys in connection with the intrastate and interstate simulcasting of thoroughbred races from track to track and to off-track betting facilities.
     
  • Representation of a film studio in a series of cases brought by individuals appearing, without their written consent, in a motion picture who claimed they were commercially exploited in violation of their rights of privacy and that the defendant’s acts were not privileged by reason of the alleged documentary nature of the film.
     

Insurance

  • Representation of the lead insurance carrier in defense of a bad faith and coverage action against several directors’ and officers’ liability carriers challenging the propriety of a “Mary Carter” settlement made by the insurance companies in settling on behalf of most, but not all defendants, consolidated shareholder class actions.
     
  • Representation of an alleged “additional insured” in a jury trial against Los Angeles and London insurance brokers and two groups of syndicates at Lloyd’s of London involving questions of whether the brokers were authorized to act on behalf of one or both of the alleged insurers and whether the rights of an innocent “additional insured” are impaired by the alleged fraudulent conduct of the named insured.
     
  • Representation of an insurance carrier in defense of numerous lawsuits brought by lending institutions on bonds issued by the carrier securing payment by consumers on automobile loans and in connection with its reinsurance and agency relationships.
     

Securities

  • Representation of the former CEO and CFO of a defunct Internet company in defense of both a shareholder class action and an individual stockholder action alleging violations of state and federal anti-fraud statutes in connection with the public offering and private placement of the company’s securities.
     
  • Representation of the Audit Committee of a public telecommunications software provider in the conduct of an investigation regarding allegations of improper revenue recognition practices and mismanagement.
     
  • Representation of a pharmaceutical company and its board of directors in the prosecution of claims and defense of claims alleging violations of Section 14 of the Securities Exchange Act of 1934 in connection with competing solicitations of shareholder proxies and consents for election of the board of directors.
     
  • Representation of a former chief financial officer of a financial institution in defense of class action shareholder actions alleging violations of the disclosure provisions of the federal securities laws, civil RICO claims and state law claims; in insurance coverage litigation against comprehensive general liability and directors’ and officers liability carriers; and in connection with grand jury and RTC and OTS regulatory investigations.
     
  • Representation of the outside director-defendants of a public real estate company in defense and settlement of multiple shareholder class actions alleging misrepresentations and omissions respecting the financial condition of the company.
     
  • Representation of a public manufacturing company and its outside directors as special counsel in conducting an internal investigation regarding the company’s prior revenue recognition practices and in connection with the related SEC investigation which resulted in the company and certain insiders consenting to an administrative order.
     
  • Representation of an investment banking firm in defense of a class action lawsuit on behalf of limited partners in a California real estate project alleging misrepresentations and negligence in connection with the offering of limited partnership units.
     
  • Representation of a public real estate company in an action to enjoin a tender offer for its common stock.
     

Antitrust/ Unfair Competition
 

  • Representation of an electronics retailer/dealer in an antitrust action in which the plaintiff alleged that its termination as a dealer by the manufacturer resulted from an alleged conspiracy among the manufacturer and other dealers.
     
  • Representation of a terminated spirits distributor in an action seeking injunctive and declaratory relief and damages arising out of the abrupt termination of a 13 year distributorship relationship.
     
  • Representation of a manufacturer in defense of claims by a terminated distributor that its termination was wrongful, tortious, in breach of the agreement between the parties, and the product of state and federal antitrust violations.
     
  • Representation of an independent refiner of petroleum products in proceedings under a divestiture decree in connection with a takeover attempt by another refiner and in subsequent unrelated litigation under the federal securities laws in connection with another, unsuccessful takeover attempt.
     
  • Representation of a major advertising agency in obtaining a reversal of a preliminary injunction barring agency personnel from working on the account of the plaintiff’s competitor.
     
  • Representation of a major retailer in a five month trial in a San Diego Superior Court class action initiated by a former franchisee on behalf of itself and other former franchisees alleging violations of the Cartwright Act (the California antitrust law), unfair competition, fraud, breach of contract and other claims.
     
  • Representation of an “international telegraph carrier,” in appellate proceedings before the United States Court of Appeals for the Second Circuit respecting decisions by the Federal Communications Commission as to whether Western Union Telegraph Company, which had a monopoly over domestic telegraph operations, should be permitted to conduct international telegraph operations.
     

Legal Malpractice
 

  • Representation of a law firm in defense of malpractice, fiduciary duty and fraud claims brought by the FDIC and RTC in several lawsuits as successor of insolvent financial institutions previously represented by the law firm, and in defense of contribution and indemnity claims of former officers and directors of one of the financial institutions.
     
  • Representation of a former client of a law firm in obtaining a significant monetary contribution toward the settlement and payment of an adverse multi-million dollar judgment against the client in a case in which the law firm allegedly committed malpractice and charged excessive fees.
     

Products Liability

  • Representation of an appliance manufacturer from 1982 through 1987 in defense of products liability litigation.
     
  • Representation of an Italian manufacturer of tire retreading equipment, in the United States District Court for the District of Hawaii in obtaining an order vacating a default judgment in excess of $6,000,000 and thereafter defending the case, in which the plaintiff, the operator of a tire-retreading plant, alleged that the equipment manufactured by the defendant was defectively designed and manufactured.
     

Miscellaneous

  • Representation of a number of human rights organizations and government agencies as amici before the U.S. Supreme Court in support of the constitutionality of the Wisconsin bias crime statute in an action entitled State of Wisconsin v. Mitchell. In a June 1993, 9-0 decision, the U.S. Supreme Court upheld the constitutionality of the statute.
     
  • Representation of a U.S. government official in defense of a shareholder derivative action against officers and directors and former and present government officials alleging claims for breach of fiduciary duty and aiding and abetting breaches of fiduciary duty in obtaining confidential government information which allegedly was used to obtain government defense contracts.
     
  • Representation of all California justices, judges and judicial pensioners in certain phases of a series of lawsuits challenging the constitutionality of legislation restricting the compensation rights of the California judiciary and judicial pensioners. In the first of these actions, there were two decisions by the California Supreme Court, Olson v. Cory (I), 27 Cal. 3d 532 (1980), and Olson v. Cory (I), 35 Cal. 3d 390 (1983). In the second action an opinion was certified for publication by the California Court of Appeal, Olson v. Cory (II), 134 Cal. App. 3d 85 (1982). In the third action, Olson v. Cory (III), the Los Angeles Superior Court entered a decision in favor of the plaintiffs and no appeals were taken.
     

Reported Cases

  • Sobhani v. @Radical.Media, Inc., 257 F. Supp. 2d 1234 (C.D. Cal. 2003) (granting summary judgment dismissing copyright claims based upon unauthorized derivative works) 
     
  • Abedi v. Kobo Products, Inc., 44 Fed.Appx. 96 (9th Cir. 2002) (affirming in substantial part the grant of summary judgment on fraud and contract claims brought by a terminated distributor)
     
  • Lindenstadt v. Staff Builders, Inc., 55 Cal. App. 4th 882, 64 Cal. Rptr. 2d 484 (1997) (standard for judicial review of arbitration award in case involving claims for multiple finder's fees by an unlicensed business broker) 
     
  • Wisconsin v. Mitchell, 508 U.S. 476, 113 S.Ct. 2194 (1993) (constitutionality of Wisconsin "hate crimes" statute) 
     
  • In re M.D.C. Holdings Securities Litigation, 1990 U.S. Dist. LEXIS 15553 (1990) (counsel for outside directors of M.D.C.)
     
  • Younger v. State of California, 137 Cal. App. 3d 806, 187 Cal. Rptr. 310 (1982) (statutory interpretation of provisions of the California Government Code) 
     
  • Allen v. Board of Administration of the Public Employees' Retirement System, 34 Cal. 3d 114, 192 Cal. Rptr. 762 (1983) (application of California statutory and constitutional provisions in computing retirement benefits)
     
  • Olson v. Cory (I), 35 Cal. 3d, 197 Cal Rptr. 843 (1983) (right to interest on retroactively paid salary and pension payments) 
     
  • Moreland Development Co. v. Gladstone Holmes, Inc., 135 Cal. App. 3d 973, 186 Cal. Rptr. 6 (1982) (upholding denial of summary judgment due to fact issues as to whether there occurred a breach of contract for sale of real estate) 
     
  • Olson v. Cory (II), 134 Cal. App. 3d 85, 184 Cal. Rptr. 325 (1982) (constitutionality of application of amendment to California Constitution) 
     
  • Olson v. Cory (I), 27 Cal. 3d 532, 164 Cal. Rptr. 217 (1980) (holding unconstitutional a legislative amendment purporting to place limit on cost-of-living increases for judicial salaries) 
     
  • Fed-Mart Corporation v. Pell Enterprises, Inc., 111 Cal. App. 3d 215 (1980) (indemnification rights of former corporate officer under California Corporations Code) 
     
  • ITT World Communications, Inc. v. FCC, 555 F.2d 1125 (2d Cir. 1977) (appeal of FCC order authorizing domestic carriers to provide international dataphone services) 
     
  • SMC Corporation v. Fisher Park Lane Co., 40 N.Y. 2d 788, 390 N.Y.S. 2d 398 (1976) (power of arbitrator to reform lease agreement) 
     
  • Western Union International, Inc. v. FCC, 544 F.2d 87 (2d Cir. 1976) (vacating FCC order authorizing mailgram services)

 

 

 

 




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