Business Litigation

Represented owners of multiple closely held companies in defense of breach of contract and fraudulent transfer claims by defendants seeking to impart liability on affiliated companies and the owners individually for $10,000,000 in damages.  Settled claims for a fraction of claimed damages.

Two real estate investors with properties in California, Nevada, and Texas terminated their relationship, after which, the other party alleged the two had actually been “partners” and asserted claims of fraud and other business torts, as well as claims of an “imputed partnership” with the client, seeking damages of nearly $8 million.  Defense judgment issued as to all tort and partnership claims.

Represented client in defense of federal class action alleging violations of the Fair Debt Collection Practices Act, Gramm-Leach-Bliley Act, California’s Unfair Competition Law, and negligence obtaining summary judgement as to all claims prior to class certification.

Represented plaintiff in prosecution of breach of contract claim predicated on defendants’ disparagement of client via the internet and email using fake online personas obtaining damage award and permanent order of injunction against the defendants.  Proved client’s claims by obtaining evidence of internet protocol addresses and financial transactions to prove defendants were source of disparaging content.  Litigious nature of defendants resulted in the filing of 28 separate motions where client prevailed on all but two, one which was mooted by client’s stipulation to transfer venue, and the other was a motion to quash a deposition subpoena (prepared by prior attorney) that was granted without prejudice to allow for client to reserve subject to nominal limitations.  Successfully defended cross-complaint and derivative malicious prosecution action through anti-SLAPP motions.

Represented large Los Angeles’ entertainment venue in inverse condemnation, nuisance, and 42 U.S.C. §§ 1983, 1985, and 1986 action against the City of Los Angeles and the Los Angeles Police Department.

In a complex business litigation matter, successfully defend and bring claims regarding business divorce, breaches of fiduciary duty, frauds, and breach of contract.

Defended Fortune 100 client in a complex tort action involving breach of contract, elder abuse, unfair competition, product liability, negligence, and other related claims.

Second chaired and successfully litigated 11 U.S.C. § 523 claims on behalf of multiple, unsecured creditors in a three-day bench trial in the United States Bankruptcy Court for the Southern District of California.

Phil successfully defended the chief operating officer of a publicly traded cable company in a $200 million, bet-the-company lawsuit over the company’s acquisition of most of its markets.  The jury returned a defense verdict at the conclusion of a four-week trial.

Defeated motion for summary judgment on contract claims that forced favorable settlement for the client on the eve of trial.  This was achieved after obtaining crucial testimony in deposition of key representatives at the defendant’s company.