Firm Motto
"Sometimes, doing your best is not good enough. Sometimes, you must do what is required."
-- Winston Churchill
Representative Cases
Everest Investors 8 v. McNeil Partners (2007) - The California Court of Appeal affirmed (on all grounds except one minor issue) the trial court judgment entered in a case involving a general partner's breach of fiduciary duty to the limited partners in a merger transaction. [unpublished decision]
Everest Investors 8 v. McNeil Partners (2005) - $4.5 million judgment entered (including punitive damages of $2.5 million against the controlling individual) after a 3-1/2 week bench trial in a case involving general partner's breach of fiduciary duty to limited partners in a merger transaction.
Everest Investors 8 v. McNeil Partners, 114 Cal. App. 4th 411 (2003), review denied - The California Court of Appeal reversed summary judgment on the ground that limited partners' claims against a general partner were individual, not derivative, in nature.
Kenna v. United States District Court, 435 F.3d 1011 (9th Cir. 2006) - In the first federal appeal court decision under the U.S. Crime Victims' Rights Act, the 9th Circuit Court of Appeals reversed the district court's denial of a crime victim's right to speak at the sentencing of a perpetrator of a massive $95 million financial fraud.
Carpenter v. Protection One Alarm Monitoring, Inc. - The California Court of Appeal issued a writ of mandate vacating an order compelling arbitration in a dispute between a senior executive and her employer. [unpublished decision]
Edgington Oil Co. v. Manhole Adjusting Inc. - The California Court of Appeal affirmed an order denying arbitration despite express language in a series of purchase orders. [unpublished decision]
In re: Alter - Representing the owner of a surgery center in multiple proceedings in U.S. Bankruptcy Court and Los Angeles Superior Court, arising out of a dispute between the owner and a former manager of the center.
In re: eUniverse, Inc. - Defended corporate financial officer in cases alleging fraud and misrepresentation in audited financial statements in public SEC filings. Successes included the approval by the U.S. District Court of the eUniverse class action settlement, and dismissals with prejudice by the U.S. District Court and the California Superior Court of various shareholder derivative lawsuits allegedly brought on eUniverse's behalf.
ASAP Show, Inc. v. Storch - Obtained a settlement protecting the rights of individuals to compete against a former employer, in the business of introducing foreign manufacturers of apparel and other goods to U.S. and European buyers through trade shows and buying trips.
Castle & Cooke Madera, Inc. v. Mackenzie Patterson Fuller, Inc. - Represented limited partners in an effort to collect the proceeds of a going-private transaction, against a group of companies in the business of making unregistered tender offers for limited partnership interests and inducing limited partners to sign away their rights in illiquid, but valuable, investments.
Daley v. CK Construction - The California Court of Appeal affirmed an order denying the opponent's special motion to strike under the "anti-SLAPP" statute, Code of Civil Procedure § 425.16. [unpublished decision] This controversial law, originally intended to protect constitutional rights, is the subject of much abuse as a litigation tool.
Fasano v. Porter - Obtained a settlement for the victim of an alleged embezzlement scheme involving more than $325,000 in losses.
Heidke v. Sundae Productions, Inc. - Obtained dismissal of securities fraud action against creator of children's video productions.
Hillelson v. McNeil - Settled a dispute challenging the amount of consideration paid to investors in a $600 million merger.
Hills Food Company Unlimited v. Benson - Obtained $1.7 million judgment in a fraud lawsuit against the former franchisor of Love's Barbecue Restaurants.
Love's 1948 Franchise Group LLC v. Malashock - Settled a case involving the closure of the last remaining Love's Wood-Pit Barbecue® restaurant in California.
Kenna v. Midland Euro, Inc. - Obtained $6.7 million judgment in a RICO lawsuit against a foreign currency trading firm and its principals.
McCormick v. Reddi Brake Supply Co. - Obtained $1.8 million settlement of shareholder class action, arising from the sale of convertible preferred stock to offshore investors. Mr. Case served as counsel for the plaintiff class members and was hired for the case by a key investor group.
Perfect 10, Inc. v. Cybernet Ventures, Inc. - Defended website operator in a copyright infringement dispute involving titans of the adult website industry.
Perfect 10, Inc. v. Dranichak - Defended industry professional in a copyright infringement dispute.
Perfect 10, Inc. v. Full Moon Internet - Defended company president wrongly accused of a vast conspiracy to hack website passwords.
Rosen v. UACC - Defending autograph dealer in copyright infringement case brought by photographer who claims he never authorized the sale of autographed celebrity photos.
In re: Showscan Entertainment Inc. - Bankruptcy court allowed $830,000 claim for post-petition compensation and "change in control" severance payment sought by former executive officer, with substantial portion as an administrative expense.
Swenson v. Duberchin - Arbitration award reduced former attorney's claim for fees by approximately $400,000.
Ticketmaster LLC v. Bonner - Obtained a settlement for numerous parties who had been sued by a major provider of ticket ordering and distribution services, in a dispute involving online ticket orders and the secondary market for ticket resales in the U.S.
Topsy Turvy LLC v. Moizel - Obtained a settlement for an independent fashion designer who had been ousted from the company she formed.
Wayne v. Byrens - Representing plaintiff in a partnership dispute involving real estate holdings in Beverly Hills and West Hollywood.
[case name withheld] - Settled a dispute involving simultaneous litigation and arbitration, arising out of a series of import-export transactions to and from Ukraine. Mr. Case represented Ukrainian parties who were native Russian speakers.
Business and Transactions
General counsel to the owner of the Love's Wood-Pit Barbecue® trademarks and businesses.
Outside general counsel to the following representative clients, among others:
The owner and creator of Jesus Is My Homeboy®;
A wide assortment of Internet website businesses;
A developer of destination tourist attractions;
A developer of a specialty food service;
A TV and digital production company;
An independent fashion designer;
A celebrity doctor / author / inventor;
Environmentally friendly limousine services.
Start-up of new franchise systems in the real estate and restaurant industries.
Start-up of Internet websites covering a variety of different business models, including all aspects of legal protection and compliance for the business.
Protection and licensing of intellectual property rights.
Formation, structuring, and financing of corporations, partnerships, and LLCs, including business plans and investor documents.
Buying and selling of businesses and investments.
Representation of doctors and dentists in business and contract matters.
Law firm consulting, including formation of partnerships and law corporations, transactions among lawyers, and dispute resolution.
Dispute Resolution Services
American Arbitration Association - Served as arbitrator for international franchise dispute. Mr. Case was selected to serve as one of two party-appointed arbitrators on a three-person arbitration panel.
