Cases
Class Action
Allen v. Jelly Belly: Defended Jelly Belly in
purported class action alleging that confections containing evaporated cane
juice mislead consumers.
Anthony O. Corso Living Trust et al. v. KCG Americas
LLC, et al.: Defended E*TRADE
G1X in alleged violations of 1933 Securities
Act action.
Baker v. E*TRADE: Defended E*TRADE in purported class action
alleging violations of various lending laws
consumer statutes.
Burger v.
Enerco Group
Lowes HIW, Inc.: Defended Enerco Group in a purported class
action alleging B&PC 17200
CLRA violations relating to the sale of
certain portable heaters.
Cielinski v. Werner: Defended Werner in a purported
class action on behalf of thous
s for breach of contract for changing pay of
various driver-trainers.
Cortez v. McClatchy Newspapers, Inc. et al.:
Represented McClatchy Newspapers in a purported class action alleging improper
automatic renewal of newspaper subscriptions by multiple newspaper publishers.
Included alleged violations of Automatic Renewal Law, Unfair Competition Act,
Consumer Legal Remedies Act.
Debra Roy v. Heald College: Represented Heald
College in a class action case related to alleged tuition overcharges.
Doe v.
National Retailer: Represented national retailer in purported class action
alleging improper refunds.
Greenspan v. IAC: Defended IAC/InterActive Corp in
Antitrust/Unfair Competition class action.
Kennedy v. Baxter Healthcare
Corporation: Published at 50 Cal.Rptr.2d 736. Received dismissal with prejudice
of product liability class action allegations against the client, Baxter
Healthcare Corporation.
Lynn v. Blue Cross/Blue Shield Association: Received
dismissal with prejudice of class action allegations against the client, Blue
Cross/Blue Shield Association.
Marriott Ownership Resorts, Inc. et al. Flynn:
Represented Marriott in appeal of District Court judgment in class action,
regarding who determines arbitrability of claims.
Ramsey v. Lincoln National Life
Insurance Company, et al.: Represented Lincoln National Life Insurance Company
their agents in class action defense regarding alleged contractual
tort
claims arising from alleged misrepresentations
concealments in connection
with the sale
marketing of the life insurance policies
a dividend
reduction scheme.
Reyes v. Bank of America, et al.: Represented the client in
a class action case involving violation of TILA, which was later dismissed.
Wells v. CSRA: Represented CSRA in a class action case against a charter school
alleging Business & Professionals Code Section 17200, et seq. violations
false claims.
Complex Litigation
Medimpact Healthcare Systems, Inc. v
California Department of Health Care Services. Represent Real Party in Interest
on behalf of Magellan Medicaid Administration, Inc. in bid dispute over award
of Medi-Cal Rx contract to Magellan.
ABF, et al v. California: Acted as lead
counsel for several carriers in administrative
judicial effort to recover
several million dollars in trailer refund fees for 26 different carriers.
Color Media v. Eastman Kodak Company: Represented Kodak in a commercial dispute
involving breach of contract, implied warranty, fraud
Business &
Professionals Code Section 17200, et seq.,
causes of action concerning the
sale of state-of-the-art color imaging software
hardware.
Doe v. ABC
Corp.: Represented the client in a case alleging Business & Professionals
Code Section 17200, et seq. violations
constructive termination related to
alleged loan fraud.
eCommerce Industries, Inc. v. MWA Intelligence, Inc.:
Represented software spin-off, Tech AnyWare, LLC, in Delaware Chancery action,
alleging various tort claims arising from spin-off.
Farmers Rice v. Quaker
Oats: Defended Quaker Oats in alleged breach of contract to purchase 4,000 tons
of rice.
Fong & Fong v. Eastman Kodak Company: Represented Kodak in a
commercial dispute involving alleged breach of contract, implied warranty,
fraud
Business & Professionals Code Section 17200, et seq.
causes
of action concerning the sale of state-of-the-art color imaging software
hardware. Case went to trial resulting in a favorable outcome for the client.
International Business Systems Cheeseworks: Represented software developer in
contract dispute with importer/distributor.
Kellogg v. ADM: Represented ADM in
a case alleging defective seeds.
La-Z-Boy Masashi-Noriko, Inc.: Represented
the licensor in connection with the dispute over licensing agreements.
Manning
v. E*TRADE: Represented E*TRADE in a multi-party case involving alleged naked
short selling.
MWA Intelligence v. Tech AnyWare: Multi-jurisdictional action
involving alleged breach of restrictive covenant
tortious interference with
software licensing contract,
seeking several millions in lost sales, with
trial in Delaware Chancery Court.
Reego v. La-Z-Boy: Represented the licensor
in connection with the dispute over licensing agreements.
Reiser v. Marriott:
Represented defendants in action brought by 38 plaintiffs alleging conversion
of certain units of a condominium located in Truckee, CA into private
condominiums caused their ownership interests to decline in value
become
unmarketable. Claims for recission, breach of contract, breach of implied
covenant of good faith
fair dealing, breach of fiduciary duty, UCL, aiding
abetting.
Roman Catholic Bishop of Sacramento v. Certain Underwriters at
Lloyd’s London: Represented Certain Underwriters at Lloyd’s London in a
coverage action arising out of $35 million in claims.
Salvesen v. La-Z-Boy,
Inc. et al: Plaintiff sought to allow Salvesen to remain in business
prevent La-Z-Boy from terminating Retail License Agreements between the parties
for operation of four Southern California furniture galleries. Alleged breach
of contract, violation of franchise laws,
related claims.
Schneider v.
DMV: Represented Schneider in an action against the Department of Motor
Vehicles to enforce compliance with the International Registration Plan under
the U.S. Constitution’s Supremacy Clause.
Stewart v. Unum: Represented Unum in
a case alleging Business
Professionals Code Section 17200, et seq.
violations against disability insurer relating to management of disability
claims.
Teacher’s Retirement Bd. v. Genest: Represented the California Retired
Teachers Association (CRTR) in an action to restore $500 million in pension
benefits to the retired teacher's trust fund.
UFCW v. WinCo: Represented WinCo
in a case involving Business & Professionals Code Sections 17200
17500
action against the grocery store chain, alleging the sale of adulterated food
to consumers. The case was dismissed with prejudice.
Witeby v. NFP:
Represented NFP in arbitration involving departing insurance broker
thous
s of policies.
Xiong v. Lincoln National: Represented Lincoln National
against bad faith
breach of contract claims. Received a unanimous defense
jury verdict in federal court.
Trade Secrets/Unfair Competition/Employee
Mobility
ADP v. Bakshi: Represent employee in restrictive covenant/non-compete
litigation who left ADP to join Workday.
Alcoa v. Doe: Advised Alcoa on trade
secret issue related to a former employee.
3M Company
3M Innovative
Properties Company v. ACS Industries, Inc. (U.S. District Court of Minnesota):
Represented 3M in action for misappropriation of trade secrets, unfair
competition,
tortious interference against a competitor.
3M v. ABC:
Counseled 3M on trade secrets/restrictive covenant issues.
Bradford
Technologies, Inc. v. NCV Software.com, Rodney Newman, Metro National
Financial, LLC
Karma Technologies LLC: Defended client in case alleging
misappropriation of trade secrets.
California Natural Foods v. Living Harvest:
Defended Living Harvest against a case involving alleged misappropriation of
trade secret formula in violation of NDA.
Certain Adalimumab, Process for
Manufacturing or Relating to Same,
Products Containing Same (U.S.
International Trade Commission): Represent TEVA before International Trade
Commission in case involving alleged misappropriation of Abbvie's trade secrets
for manufacturing Humira.
Coldwell Solar, Inc v ACIP: Representing Coldwell
Solar, Inc in a trade secret case in solar energy industry.
Dexcom, Inc.
Charles Boykin v. Medtronic, Inc. (USDC Southern District) Represent Medtronic
in parallel litigation in California, where former employee sought declaratory
relief that non-compete
non-solicit provisions in employment agreement were
not enforceable in California, despite ongoing enforcement proceeding in
Minnesota.
ECI Software Solutions v Sheridan, et al.: Represented ECI in a
complaint against former employees
independent contractors for trade secret
misappropriation under DTSA, 18 U.S.C. 1836,
related claims.
Ermetic Ltd.,
v. David Bise: Breach of restrictive covenant by former employee David Bise.
IGT XYZ Corp.: Investigated possible trade secret theft.
Institute of
Technology DiGiacomo: Defended the Institute of Technology against a case
involving alleged misappropriation of student list.
Mathnasium Center
Licensing, LLC Math Concept (H.K.) Limited, High Court of the Hong Kong Special
Administrative Region, Court of First Instance (expert witness). Provided
opinion regarding California trade secret law in support of Mathnasium Center Licencing.
Megdal Associates, LLC
Dewert Antriebs-Und Systemtechnik, GmbH & Co. KG
v. La-Z-Boy, Inc.: Represented La-Z-Boy et al. in defending action brought by
plaintiffs for alleged willful infringement of patent rights, failure to pay
royalties,
misappropriation of trade secret information.
Micron v. ABC
Corp.: Investigated possible trade secret theft.
Micron Does: Represented
Micron in connection with ex-employees violating confidential information
nonsolicitation agreements.
Micron v. Doe: Investigated possible trade secret
theft.
Mitchell Repair Information Company, LLC,
SNAP-ON v. Autel US INC.,
Autel Intelligent Technology Corp., LTD. Represent defendants in case
involving alleged misappropriation of trade secrets
computer intrusion in
auto repair industry.
MWA Intelligence v. Tech AnyWare: Multi-jurisdictional
action involving alleged breach of restrictive covenant
tortious
interference with software licensing contract,
seeking several millions in
lost sales, with trial in Delaware Chancery Court.
NFP Retirement, Inc. Kyle
Posvistak et al: Represented plaintiff company in seeking injunctive relief
against departing employees taking confidential customer information.
Nicole
Wilson
Rosetta Stone LTD v. Open English LLC: Represented Open English in a
multi-jurisdiction trade secret case (Florida
California) including a
California declaratory relief claim under a non-compete agreement.
Oracle v.
Cision. Represented Cision in connection with Oracle's claims relating to
alleged trade secrets.
PSC v. Does: Represented PSC in connection with
possible employee raiding
trade secret claims.
Prudential v. Hansen: One
of multiple trade secret
restrictive covenant cases on behalf of the
insurer in Utah, Oregon,
California to enforce trade secrets/restrictive
covenants.
Pyro Spectaculars, Inc.
Pyro Spectaculars North, Inc.
Pyro
Events, Inc. Steven Souza: Assisted client in filing action for trade secret
misappropriation
obtained preliminary injunction.
Rewards Network Acacia,
et al.: Assisted client in obtaining injunctive relief against use of trade
secrets.
Roadrunner Intermodal Services LLC T.G.S. Transportation Inc.
Represented Roadrunner Intermodal Services in claims involving tortious interference
with non-compete,
ex-employees taking confidential customer information
inducing customers to use defendant’s services.
Sara Lee Albrecht: Represented
Sara Lee in connection with ex-employees violating confidential information
nonsolicitation agreements in Nevada
New Mexico.
Selling Source Does:
Investigated potential trade secret theft.
Stephanie Allen
Rosetta Stone LTD
v. Open English LLC: Represented Open English in a multi-jurisdiction trade
secret case (Florida
California) including a California declaratory relief
claim under a non-compete agreement.
Storage Kraft Kirby: Represented client
in a multi-jurisdictional trade secret action involving software brought to
enforce third party discovery.
Veeco v. ABC Corp.: Investigated possible trade
secret theft.
Veeco v. DEF Corp.: Investigated possible trade secret theft
Vitek v. Countrywide: Defended Countrywide against alleged misappropriation of
trade secrets
employee raiding.
VPS Le: Represented plaintiff in pursuing
trade secret
related claims in a case involving proprietary formulations
for extending shelf life for produce products.
Washington Mutual v.
Countrywide: Defended Countrywide against alleged misappropriation of trade
secrets
employee raiding.
WeRide Corp. et al v. Wang, Huang, Zhong Zhi
Xing Technology Co. Ltd, Allride, AI Inc, ND Cal. Defended corporate defendants
in case alleging misappropriation of trade secrets relating to autonomous car
technology. Published decisions include:
WeRide Corp. v. Huang, et al., 2019
U.S. Dist. LEXIS 22915 (Feb. 12, 2019)
WeRide Corp. v. Huang, et al., 379 F.
Supp. 3d 834, 2019 U.S. Dist. LEXIS 55996 (March 22, 2019)
WeRide Corp. v.
Huang, et al., 2019 U.S. Dist. LEXIS 130781
2019 WL 3555343 (August 5, 2019)
WeRide
Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 160378 (Sept 18, 2019)
WeRide
Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 174869 (Oct. 7, 2019)
WeRide
Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 192212, 2019 WL 5722620 (Nov. 5,
2019)
World Financial Group HBW: Represented WFG in alleged violation of the
Uniform Trade Secret Act (UTSA). Case was profiled in Employment Law 360
April
22, 2009.
Labor
Employment
Beebout v. Sunsweet: Defended Sunsweet from
claims of disability discrimination
wrongful termination.
Bravo v.
Countrywide: Defended Countrywide on a wrongful termination case brought by a
former employee.
Burkhardt v. Countrywide: Represented Countrywide in a case
involving alleged whistleblower claim. The case involved a 2-week, 20 witness
JAMS arbitration.
Calderon v. HDR, Inc.: Defended HDR from claims of sexual
harassment
national origin discrimination.
Caroline S
ers v. eCommerce
Industries, Inc.: Defended ECI in a wrongful termination case, alleging
pregnancy discrimination.
Clark v. HDR: Defended HDR in a case alleging racial
discrimination.
Coria v. Boswell: On behalf of G. Boswell, resolved a class
action case for vacation pay brought under California law.
Doe v. Countrywide:
Represented Countrywide in SOX proceeding
subsequent arbitration.
Findlay
v. Countrywide: Represented Countrywide in a wrongful termination case brought
by a former employee.
Fineman v. Sunsweet: Represented Sunsweet in a case
involving an alleged whistleblower claim by the former CEO.
Fish v. Doe Corp.:
Defended the client from whistleblower claims brought by former employee.
Galindo
v. SacBee: Assisted SacBee in a class action alleging that carriers should be
classified as employees rather than independent contractors.
Gauna v.
Countrywide: Represented Countrywide in a wrongful termination case brought by
a former employee.
Junkin v. Countrywide: Represented Countrywide in a
wrongful termination case brought by a former employee.
Lazo v. Heald College:
Represented Heald College in a wrongful termination case alleging retaliation
for an employee complaining of alleged sexual harassment.
Lustgarten v. HDR:
Defended HDR in wrongful termination case brought by plaintiff.
Moles v.
Cargill: Defended Cargill in wrongful termination case brought by former
employee.
Montalvo v. Werner: Defended Werner in wage
hour class action.
Morgan
v. Cargill: Defended Cargill in wrongful termination case brought by former
employee.
Murphy v. JB Hunt: Defended JB Hunt from claims of disability
discrimination.
Neubauer v. Countrywide: Defended Countrywide on alleged
wrongful termination claims brought by a former employee.
Padilla v. PGP:
Defended PGP on a DFEH charge relating to failure to accommodate.
Ramsey v.
HDR, Inc.: Defended HDR against claims of wrongful termination, pregnancy
discrimination,
taking family medical leave.
Remy v. HDR: Defended HDR in
a case involving sexual harassment
hostile environment claims.
S
ers v.
eCommerce Industries, Inc.: Defended ECI in a complaint for alleged disability
discrimination, failure to accommodate, wrongful termination,
unlawful
retaliation.
Sharifi v. Schneider National Carriers, Inc.: Defended Schneider
in a wrongful termination case, alleging physical disability discrimination
tortuous termination in violation of public policy.
Solis v. VSP: Defended VSP
in an alleged wrongful termination case brought by a former employee.
Sunsweet
v. Teamsters: Represented Sunsweet at multiple arbitrations.
Ward v. PayPal
Incorporated: Assisted PayPal in defending ADA claims.
Weller v. HealthNow New
York, Inc.Defended HealthNow New York in wrongful termination case alleging
sexual orientation discrimination
retaliation.
Wilson v. Sunsweet:
Represented Sunsweet in a federal case alleging disability discrimination in
violation of FMLA, CFRA, FEHA,
wrongful discharge of public policy.
Wong
v. Countrywide Home Loans, Inc.: On behalf of Countrywide Home Loans, obtained
complete defense award in arbitration involving claims for race discrimination,
false promise,
breach of contract.
Pharmaceutical, Medical Device &
Health Care Litigation
Mary Munson V. Robert Mccary Acnp, Sutter Medical
Center Sacramento, Pulmonary Medicine Associates (PMA), Becton, Dickinson And
Company, Carefusion: Defended client manufacturer in multi-party product
liability case.
Erica Andrade, Abel Gonzalez V. Saint Agnes Medical Center
Daniel Hern
ez, M.D.
Shannon Soliz, Rn
Natalie Woods, Rn, Marisol Salazar,
Rn
Carefusion 303, Inc.
Carefusion Corporation
Becton Dickinson And Company:
Defended client manufacturer in multi-party product liability case.
Appellate
Work
Medimpact Healthcare Systems, Inc. v. California Department of Health
Care Services
Magellan Medicaid Administration, Inc. : Real Party in Interest
Respondent: (CA 4th District Court of Appeal Division 1 - Case No. D078287)
Belo Corporation v. Southern Methodist University: 734 S.W.2d 720 (1987)
Agnew
v. E*TRADE: Opinion, 2011 WL 4017931 (E.D. Pa, September 9, 2011)
American
Board of Cosmetic Surgery Medical Board: 162 Cal.App.4th 534 (2008)
Flynn v.
Paul Revere: Argument in the 9th Circuit, 2001, 2 Fed. Appx. 88 (2001)
Greg
Manning v. Merrill Lynch et al. (US Court of Appeals for the Third Circuit,
Case No. 13-3693). Interlocutory appeal of denial of rem
of securities class
action. (2014)
Kennedy v. Baxter: Opinion, 43 Cal.App.4th 799 (1996)
Lynda
Butler v. Winco Foods, LLC (US Court of Appeals for the Ninth Circuit, Case No.
13-55862). Appeal from judgment dismissing ADA claims as moot. (2013)
Merrill
Lynch, Pierce, Fenner & Smith Inc. et al. Manning, 136 S. Ct. 1562, 578
U.S. ____, 194 L. Ed. 2d 671 (2016)
Teachers Retirement Board Genest: 154
Cal.App.4th 1012 (2007)
Wierzba v. E*TRADE: Brief in the 9th Circuit, 2010,
10-16032 (2012)
Wells v. One2One Foundation: Argument
opinion in the
California Supreme Court, 39 Cal.4th 1164 (2006)
Wells v. One2One Foundation:
Argument
opinion in the 3rd District Court of Appeal, 39 Cal.4th 1164
(2006)
Published
Unpublished Decisions
Agnew v. E*TRADE: 2011 WL 4017931
(E.D. Pa, September 9, 2011)
Belo Corporation v. Southern Methodist
University: 734 S.W.2d 720 (1987)
Allstate Life Dall: 2009 U.S. Dist. Lexis
100401 (E.D. Cal., October 28, 2009)
American Board of Cosmetic Surgery, Inc.
Medical Board of California: 162 Cal.App.4th 534 (2008)
Animal Blood Bank,
Inc., v. Hale: 2012 WL 2160960 (E.D. Cal, June 13, 2012)
Animal Blood Bank,
Inc., v. Hale: 2012 WL 5868004 (E.D. Cal, November 19, 2012)
Bottero v. Hoya
Corporation: 2015 WL 3809266 (N.D Cal, June, 18, 2015)
Cervantes v.
Metropolitan Life: 338 F Supp. 2d 1164 (2005)
Cook v. Geco, Inc.: 2016 WL
3809266 (E.D. Cal, August 29, 2016)
Covenant Transport State: 2009 WL 2054701
(Cal.App.3rd, July 16, 2009)
Davis v. Culinary Academy: 2008 WL 4196587 (Cal.
App.1st, September 15, 2008)
DiVincent v. DiVincent: 2013 WL 6234619 (N.D Cal,
December 2, 2013)
Dumas v. Saxon Mortg. Services, Inc.: 2012 WL 1801694 (E.D.
Cal, May 16, 2012)
eCommerce Industries, Inc. MWA Intelligence, Inc.: 2013 WL
5621678 (Court of Chancery of Delaware, October 4, 2013)
Flynn v. Paul Revere:
2001 WL 80408 (9th Cir., Jan 30, 2001)
Funcat Leisure Craft, Inc. V. Johnson
Outdoors Inc.: 2007 WL 704928 (E.D. Cal., March 6, 2007)
Funcat Leisure Craft
Inc. v. Johnson Outdoors Inc.: 2007 WL 273949 (E.D. Cal., January 29, 2007)
Genesis
Specialty Tile & Accessories, LLC v. Amerus Life Ins. Co. of Iowa: 2012 WL
1197613 (E.D. Cal, April 10, 2012)
Gordon v. La-Z-Boy: 2007 WL 1101456 (E.D.
Cal., April 12, 2007)
In re Biozoom Inc. Securities Litigation (E*TRADE): 93
F.Supp.3d 801(N.D. OH, 2015)
Lawrence v. Caplan (E*TRADE): 2011 WL 176894
(N.D. Cal., January 19, 2011)
Kelley v. Crate & Barrel, Inc.: 2008 WL
2233568 (E.D. Cal., May 28, 2008)
Kelley v. Crate & Barrel, Inc.: 2008 WL
223718 (E.D. Cal., January 28, 2008)
Kennedy v. Baxter Healthcare Corporation:
43 Cal.App.4th 799 (1996)
Manning v. E*TRADE: 2013 WL 1164838 (D.N.J.) (2013)
Manning v. Merrill Lynch Pierce Fenner
Smith Inc.: 772 F.3d 158 (2014) cert
granted, -- U.S. – (2015)
Manteca
Trailer v. Roadtrek: 2009 WL 54577 (E.D. Cal., January 8, 2009)
Merrill Lynch,
Pierce, Fenner & Smith Inc. Manning:136 S. Ct. 1562, 578 U.S. ____, 194 L.
Ed. 2d 671 (2016)
Moses v. Innoprise Software: 2013 WL 3927660 (N.D. Cal, July
26, 2013)
Moses v. Innoprise Software: 2013 WL 6019536 (N.D. Cal, November 13,
2013)
Moses v. Innoprise Software: 2014 WL 691587 (N.D. Cal, February 21,
2014)
Pyro Spectaculars North, Inc. Steven Souza: 861 F. Supp.2d 1079 (E.D.
Cal. 2012)
Remy v. HDR Engineering: 2005 WL 1925902 (E.D. Cal., August 8,
2005)
Sanguigni v. E*TRADE Securities: 2015 WL 1959559 (D. Az April 29, 2015)
Teachers Retirement Board Genest: 154 Cal.App.4th 1012 (2007)
Wells v. One2One
Learning Foundation: 39 Cal.4th 1161 (2006)
WeRide Corp. v. Huang, et al., 2019
U.S. Dist. LEXIS 174869 (Oct. 7, 2019)
WeRide Corp. v. Huang, et al., 379 F.
Supp. 3d 834, 2019 U.S. Dist. LEXIS 55996 (March 22, 2019)
WeRide Corp. v.
Huang, et al., 2019 U.S. Dist. LEXIS 192212, 2019 WL 5722620 (Nov. 5, 2019)
WeRide
Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 22915 (Feb. 12, 2019)
WeRide
Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 160378 (Sept 18, 2019)
WeRide
Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 130781
2019 WL 3555343 (August
5, 2019)
Williams v. Bank of America: 2006 U.S. Dist. Lexis 71176 (E.D. Cal.,
September 29, 2006)
Williams v. Bank of America: 2006 U.S. Dist. Lexis 33989
(E.D. Cal., May 26, 2006)
Wilson v. Sunsweet Growers: 2007 WL 2418736 (E.D.
Cal., August 24, 2007)
Xiong v. Lincoln National Life Ins. Co.: 2009 WL 154928
(E.D. Cal., August 8, 2009)
Zurich American Ins. Co. Trans Cal Associates:
2011 WL 6329959 (E.D. Cal, December 16, 2011)Some of the above representations
were h
led by Mr. Kappes prior to his joining Greenberg Traurig, LLP.
Teaching
Experience
Adjunct Professor, University of California, Davis, King Hall
School of Law, 2010-2019
Trade Secrets
Employee Mobility
