Lawsuit Challenges Trump Admin’s Decision to Break Up Atmospheric Research Lab

The National Center for Atmospheric Research is a federally funded research and development center in Colorado that has served as the cornerstone of the country’s atmospheric and Earth systems research infrastructure for decades. The lawsuit alleges that the decision to dismantle the center is in retaliation against the State of Colorado. You can read more at NBC News.

The team includes Michael Purpura, Bram Alden, Frank Troncoso, Austin Reagan, Emilie Miner and David Kim.

Former AUSA Jenna Williams Returns to Hueston Hennigan

Ms. Williams most recently served as an assistant U.S. attorney at the U.S. Attorney’s Office for the Central District of California, where her responsibilities included prosecution of some of the office’s most complex cases. An experienced trial lawyer, her practice will focus on complex commercial litigation and white collar defense and investigations. Before becoming a federal prosecutor, Ms. Williams was an associate at Hueston Hennigan.

“We’re so pleased to welcome Jenna back to Hueston Hennigan,” said the firm’s managing partner, Moez Kaba. “Jenna brings a wealth of experience from both her time as a federal prosecutor and her prior tenure at the firm. Her return strengthens our already deep bench of former federal prosecutors and skilled trial lawyers.”

Prior to rejoining Hueston Hennigan, Ms. Williams spent six years in the Criminal Division at the U.S. Attorney’s Office for the Central District of California, where she represented the United States in criminal matters involving wire fraud, securities fraud, and money laundering, among others. She has brought five felony jury trials to verdict, ranging from wire fraud to drug trafficking. Additionally, during her time in the Corporate and Securities Fraud Strike Force and the Transnational Organized Crime Section, Ms. Williams led complex, long-term financial investigations that resulted in indictments and guilty pleas, including the prosecution of the founder and former board member of a company who defrauded lenders and investors out of $248 million (United States v. Joseph Sanberg) and the prosecution of a former board member of the same company for defrauding lenders out of $145 million (United States v. Ibrahim AlHusseini).

“Jenna’s deep experience as a trial lawyer and as a complex civil and criminal litigator make her a ‘triple threat’ and a perfect fit for Hueston Hennigan,” said co-founding partner John Hueston. “Her addition marks the fourth leading AUSA from Los Angeles to join us in the last year.”

As a prosecutor, Ms. Williams also authored numerous appellate briefs and argued several appeals before the U.S. Court of Appeals for the Ninth Circuit, including handling the briefing and argument for a complex appeal from a nearly month-long international drug trafficking and conspiracy trial.

Prior to serving as a federal prosecutor, Ms. Williams was an associate at Hueston Hennigan, where she handled a range of complex commercial litigation in state and federal court, and represented executives, individuals and public entities in federal investigations.

“I couldn’t be more pleased to rejoin the amazing team at Hueston Hennigan, the premier trial boutique in the nation,” said Ms. Williams. “I’m eager to help deliver the results clients expect from this firm.”

Ms. Williams served as a law clerk to the Hon. John B. Owens of the U.S. Court of Appeals for the Ninth Circuit. She earned her J.D. from Stanford Law School and her B.A. in Economics from Brown University, where she was Phi Beta Kappa.

Kaba Named a BTI Client Service All-Star MVP

BTI Client Service All-Star MVPs are attorneys identified for multiple years by top legal decision-makers as delivering the absolute best client service.

The BTI Client Service All-Stars report is based solely on unprompted, confidential feedback from clients. BTI Consulting Group conducted more than 350 independent, individual interviews with chief legal officers and general counsel at Fortune 1000 companies and large organizations. No law firm submissions, self or firm referrals, or suggestions are accepted for inclusion.

Click here for his profile.

Masimo Dismisses “Empty Voting” Conspiracy Claim Against Joe Kiani

The suit, originally filed in the Southern District of New York and transferred to the Central District of California, alleged that Mr. Kiani, the former CEO and chairman of Masimo’s board, secretly colluded with RTW Investments to manipulate a 2024 shareholder vote through an “empty voting” conspiracy in an unsuccessful attempt to defeat a proxy campaign waged by the activist hedge fund Politan Capital Management.

“This lawsuit was filed by Politan-controlled Masimo as an effort to avoid paying Mr. Kiani what he is owed under his 10-year-old employment agreement,” said Hueston Hennigan partner John Hueston. “The claim of an ‘empty voting’ conspiracy between Kiani and RTW was meritless. Politan made this same allegation during the 2024 proxy contest, and it was investigated by Masimo’s lead independent director and rejected as untrue. After Politan-controlled Masimo terminated Kiani, it resurrected this claim in the hopes of finding a basis to avoid paying Kiani what he is owed under his employment agreement. But now, to avoid a neutral judge’s scrutiny, Politan-controlled Masimo chose to dismiss the claim rather than face another contested loss.”

Mr. Kiani founded health technology company Masimo in his garage 35 years ago and served as its chairman and CEO from its founding in 1989 through September 2024. Politan waged a proxy contest that ousted Mr. Kiani from his seat as chairman of the Board of Directors, and gave its directors majority-control over the board, which immediately initiated its plan to remove Mr. Kiani from management. Mr. Kiani announced his resignation as CEO and sought a declaratory judgment in Orange County Superior Court that he was entitled to contractually guaranteed termination wages under his employment agreement. Weeks later, the Politan-controlled board pretextually terminated Mr. Kiani for “cause” in an invalid effort to avoid the contractual payments to which Mr. Kiani is entitled.

The day after it terminated Mr. Kiani, Politan-controlled Masimo sued Mr. Kiani and the hedge fund RTW Investments in the Southern District of New York, alleging that Mr. Kiani and RTW formed a “group” under Section 13(d) of the Securities Exchange Act during the company’s September 2024 proxy contest without filing the required Schedule 13D.

Mr. Kiani moved to dismiss the complaint, and after Masimo amended the complaint, moved to dismiss it again. The amended complaint alleged only that Mr. Kiani had communicated with Masimo’s key shareholders, including RTW, about a critical, upcoming proxy contest that would determine the future of the company. RTW independently believed that Masimo would perform better in the future with Mr. Kiani retaining his positions rather than an activist hedge fund whose principals had no relevant experience. As argued by Hueston Hennigan, had Politan-controlled Masimo succeeded in its lawsuit against Mr. Kiani and RTW based on these allegations, it would have meant that a company’s management formed a “group” under Section 13(d) of the Exchange Act any time that a company’s directors communicate with its key investors and those investors independently decide to support the company’s management, a result unsupported by case law and SEC regulations.

On the eve of the hearing on Mr. Kiani’s motion to dismiss for failure to state a claim, Politan-controlled Masimo voluntarily dismissed its claim against Mr. Kiani, conceding it was without basis. Mr. Kiani continues to litigate his claims for the termination benefits in the Orange County Superior Court, which recently denied Masimo’s heavily contested motion to stay the case.

In addition to Mr. Hueston, the team representing Mr. Kiani in the Section 13(d) lawsuit includes Marshall Camp, Thomas Zaccaro, Adam Minchew, Bram Alden, and Stewart Rickert.

Significant First Amendment and Section 230 Win for Amazon and Twitch

In May 2022, ten Black people were killed and three others were wounded in a horrific hate crime, when a man opened fire in the market in a predominantly Black neighborhood. The shooter livestreamed the incident on Twitch. The plaintiffs—victims of the shooting and their family members—contend the shooter was radicalized by extremist and racist content on social media and that his ability to livestream on Twitch motivated him to commit the crimes. The plaintiffs’ claims included wrongful death, product liability, negligence, and infliction of emotional distress.

Hueston Hennigan argued, on behalf of Twitch and Amazon, that Twitch cannot be liable for these claims under the First Amendment, Section 230, and traditional state law principles. The firm further argued that even if other social media companies could be liable, Twitch cannot because the shooter was not radicalized on Twitch. After multiple days of hearings, the trial court denied Hueston Hennigan’s motion to dismiss, concluding its arguments could be made after discovery.

On appeal—which was argued by Moez Kaba—the appellate court agreed with Twitch and the other social media companies, ruling that Section 230 indeed affords immunity to the social media defendants, the First Amendment protects our conduct, and noted further that Twitch could not be liable for addiction.

In addition to Mr. Kaba, the team included Allison Libeu, Brittani Jackson, Michael Todisco, Adam Minchew, Arianna Demas, Warren Crandall and Collin Yeung.

The win has been widely reported in publications including Reuters, Law360 and Law.com.

Hueston Hennigan Earns Top Marks from Chambers

The firm was ranked Band 1 for both General Commercial Litigation and White Collar Crime and Government Investigations Litigation in California, with clients raving about its “deep bench of talented and creative attorneys” who are “outstanding trial and litigation specialists that are aggressive and tactical.” The firm was lauded as “a powerhouse of a litigation boutique” and “the full package.” Clients praised the “exceptional team,” “high quality work,” and the “strength and sophistication of their brief writing and oral argument.” The firm was also ranked nationally in Corporate Crime and Investigations.

In addition, eight Hueston Hennigan lawyers were ranked:

Marshall Camp was ranked as among the top lawyers in White Collar Crime and Government Investigations Litigation (California), where clients describe him as “smart, strategic and committed” and note his “past criminal trial experience is an invaluable asset.”

Vicki Chou, described as a “very insightful and thoughtful lawyer” and “one of the smartest people I know,” was also recognized among the leading lawyers in White Collar Crime and Government Investigations Litigation (California). Praised for her “powerful intellect,” she was described as “a very level-headed attorney who is able to get the best results for her clients in extremely challenging situations,” in addition to being “thorough and diligent and an excellent advocate.”

Douglas Dixon, praised by a client as “an amazing force,” was once again recognized as a top lawyer in General Commercial Litigation (California).

Brian Hennigan was ranked in White Collar Crime and Government Investigations Litigation (California).

John Hueston earned Chambers’ highest ranking in three categories. He was ranked as a Star Individual in Trial Lawyers (Nationwide), General Commercial Litigation (California), and White Collar Crime and Government Investigations Litigation (California). Mr. Hueston was described as “the best courtroom lawyer that I have ever seen,” “a force of nature,” and “one of the top trial lawyers in the U.S.” Clients indicated that he is “tenacious yet has exceptional judgment,” “outstanding,” and “laser-focused on winning the case,” with one client stating, “there is no one I trust more.”

Moez Kaba was ranked Band 1 in Trial Lawyers (Nationwide) and General Commercial Litigation (California). Mr. Kaba was lauded as “a generational talent” who is “extraordinary at every level.” Chambers further praised him for his “really incredible trial skills,” “outstanding instincts,” and ability to “try any case,” with “blistering cross examinations” and a “deep and sophisticated understanding of the law.”

Robert Klieger was ranked in Media and Entertainment Litigation (California), where he was described as “a trusted advisor.”

Joseph Reiter was ranked in General Commercial Litigation (California).

Chambers and Partners is the leading independent professional legal research company operating across 200 jurisdictions. Rankings are determined by an in-depth research methodology involving detailed interviews with market sources and clients, as well as analysis of capabilities, achievement and sector presence.