The awards dinner reception will take place on Thursday, November 2, 2023, at the Westin St. Francis in San Francisco.
The California Legal Awards celebrate the achievements of lawyers and companies leading technology, innovation and the profession as a whole.
Judge Joel M. Cohen of the Supreme Court of New York for the County of New York denied Thursday Diageo’s motion to dismiss the lawsuit and its motion to force the case into arbitration.
Combs will now be able to engage in “broad discovery” aimed at uncovering evidence that the company didn’t support Combs’ liquor brands—Ciroc Vodka and DeLeón Tequila—in the same manner that it support its other brands, according to John Hueston, Combs’ attorney.
“This case has always been about getting fair and equal treatment,” Hueston said in a statement. “Today’s decision is an important step in the right direction. Diageo tried to end this action. Today the judge soundly rejected that effort.”
Click here to read full Bloomberg Law article.
“Plaintiffs’ dismissal represents an important victory for Mr. Kiani,” said John Hueston. “This was a baseless attack on Mr. Kiani’s compensation agreement that was adopted eight years ago, on a clear day, and which was publicly disclosed and relied upon for years. We are glad that the Plaintiffs finally understood this.”
In October 2022, after acquiring an 8.4% ownership stake in Masimo, activist investor group Politan Capital Management initiated this litigation in the Delaware Court of Chancery. Initially, the focus of Politan’s lawsuit was on Masimo’s advance-notice bylaws, which Politan claimed were invalid and unenforceable due to their purportedly adverse effects on stockholder franchise. But soon after Masimo repealed those bylaws, mooting Politan’s claims, Politan dramatically shifted the focus of its lawsuit to focus on Mr. Kiani’s employment agreement with Masimo.
In March 2023, Politan filed an amended complaint, in which another Masimo investor, the California State Teachers Retirement Systems (CalSTRS), joined as Plaintiff, seeking to invalidate core provisions in Mr. Kiani’s employment agreement. Specifically, Plaintiffs claimed that certain compensation terms of that agreement—including those that entitle Mr. Kiani to receive, upon the occurrence of certain conditions, a one-time grant of 2.7 million restricted stock units in Masimo (equal to approximately 5% of Masimo’s market cap) and a $35 million cash payment—are invalid under Delaware law. Hueston Hennigan appeared in the litigation to represent Mr. Kiani against Plaintiffs’ challenge.
On August 18, 2023, Mr. Kiani, along with the other Defendants, filed a motion to dismiss all of Plaintiffs’ claims. Shortly thereafter, on September 6, 2023, Plaintiffs filed a motion to dismiss their lawsuit in its entirety, and the Court granted the motion the following day.
Masimo is a global medical technology company that develops, manufactures, and markets a variety of life-saving noninvasive patient monitoring technologies, hospital automation solutions, home monitoring devices, ventilation solutions, and consumer products. Masimo is best known today for its proprietary pulse oximetry technology, which is currently used to monitor over 200 million patients per year, and it is the primary pulse oximetry technology used in many of the top hospitals in the United States.
Since founding Masimo 34 years ago, Mr. Kiani has developed a proven track record as a leader and innovator whose contributions have been critical to Masimo’s success. Mr. Kiani is the co-inventor of measure through motion pulse oximetry, and his ideas and inventions have been integral to nearly every major product and service that Masimo offers. His accomplishments have been widely recognized by stockholders and others, as Masimo has substantially outperformed the market since its initial public offering in 2007.
The Hueston Hennigan team included John Hueston, Marshall Camp, Yegor Fursevich, Rajan Trehan, Lauren Johnson, Adam Minchew, Karen Ding, and Stephen Andrews.
“It’s been busy,” said John Hueston, understating matters to the Daily Journal. He won a combined half-billion dollars in 2022 for Monster Energy in a jury trial and arbitration against Vital Pharmaceuticals (VPX). While VPX has attempted the bankruptcy route, the CEO is still liable. “And that gave us the opening for Monster to buy Bang for hundreds of millions of dollars less than it would have been worth.”
Mr. Hueston has new challenges ahead for McDonald’s, Medtronic, and Brittney Spears’ former manager Lou Taylor, where he has replaced existing trial counsel.
“We specialize in trial work,” Mr. Hueston explained. “We are often asked to come in when serious cases look like they’re going to trial, not settle.” He went on to explain, “they’re known as ‘higher yield to trial’ matters.”
McDonald’s hired Hueston Hennigan in a bet-the-company race discrimination case brought by billionaire media mogul and entertainer Byron Allen. The suit seeks $10 billion in damages. Medtronic, facing hundreds of millions in damages, hired Hueston Hennigan to defend it in a patent infringement suit over heart valve technology. And last, Mr. Hueston replaced another law firm in upcoming conservatorship litigation, where we represent Britney Spears’ former manager and Tri Sports and Entertainment group.
Moez Kaba is co-founder of Hueston Hennigan and “a courtroom star.” After winning a number of high-profile matters, including $293 million for Monster Energy, he was voted in as Managing Partner. With a busy trial schedule ahead, Mr. Kaba explains “the prize for winning a pie-eating contest is you get more pie.”
Mr. Kaba’s success with his commercial clients parallels his success with his pro bono work. As an out gay man, he helps with LGBTQ+ advocacy. As Muslim, he fought off a threatened ban on an anti-Islamophobia program in San Diego Schools. And when authorities shut down a hotline for persons in immigration detention, he sued ICE and got the hotline restored.
“My great professional joy is to take complex cases all the way to trial,” said Mr. Kaba. “My great personal joy is to represent causes near to my heart.”
Not every case goes to trial, however. Recently, Mr. Kaba secured a settlement, after replacing a major law firm, in a $50 million claim of fraudulent inducement and breach of contract case. Mr. Kaba “later learned from the jury that his opening and cross provided a compelling defense.” He also obtained a similar mid-trial outcome for the country’s largest integrated health care system as it faced demands for hundreds of millions of dollars in alleged underpayments. After replacing existing counsel, and delivery a compelling opening statement, and cross-examining several witnesses, the case settled.
“My aim is to tell our story through their witnesses and try to keep impeachment very tight,” Mr. Kaba said. “It only works because of our amazing colleagues and staff. I’m the conductor, but they drive the train.”
The list recognizes the very best California attorneys who have made an impact on the law and society within the last year. Mr. Hueston has been named to the prestigious list for over a decade, and Mr. Kaba has been on the list for seven consecutive years.
Click here to read Mr. Hueston’s full profile.
Click here to read Mr. Kaba’s full profile.
Mr. Hueston was also selected as a “Lawyer of the Year” for his work in bet-the-company litigation. This designation is only awarded to a single lawyer in a specific practice area and location.
The following lawyers are recognized:
Marshall A. Camp
Vicki Chou
Douglas J. Dixon
Padraic Foran
Brian J. Hennigan
John C. Hueston
Moez M. Kaba
Robert N. Klieger
Allison Libeu
Harry A. Mittleman
Alison L. Plessman
Michael M. Purpura
Christy Rayburn
Andrew Walsh
Tom Zaccaro
Recognition by Best Lawyers is based entirely on peer review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.
The list recognizes attorneys that have been practicing for 5-9 years and have achieved outstanding professional excellence in private practice.
The following lawyers are recognized this year:
Michael Acquah
Joseph Aronsohn
Annie Banks
Brittani Jackson
Lauren McGrory Johnson
Sourabh Mishra
Samantha Schnier
Michael Todisco
Rajan Trehan
Editorial analysis noted how Ms. Libeu has “swiftly etched herself a position as being an invaluable member of the team.” “She’s just a killer trial lawyer,” sums up one peer. “She tried the Monster Energy case, in which she landed a verdict of almost $300 million.”
The extensive research process used in the creation of Benchmark’s Top 250 Women in Litigation involves months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews, and has culminated in the selection of the most distinguished women in the world of litigation. These women have earned their place amongst the leading women litigators by participating in some of the most impactful litigation matters in recent history as well as by earning the hard-won respect of their peers and clients. Though they hail from widely different practice areas, they all share the distinction of being recognized as top players in their respective fields.
Every year, Benchmark Litigation sets out to identify the best and brightest litigators across the US. Those named to this exclusive list have proven their eligibility as individuals at the partner level of their respective firms who are of the age of 40 or younger. They have all also had a hand in some of their firms’ most noteworthy recent cases and have earned praise from clients and peers regarding the quality of their work.
Attorneys named to the 2023 publication were chosen through several phases of research: namely, the review of their recent case work, peer review in which we consider how attorneys at peer legal institutions might rank them, and a consideration of client feedback on their performances. These attorneys, though young, have established themselves in their respective fields and are set to enjoy bright futures.
Described by clients as an exceptional attorney who has unbelievable credibility with judges and juries, Doug Dixon navigates complex technological, regulatory, and business matters across multiple areas of the law. Editors noted Mr. Dixon’s representation of Match Group against Google over its illegal monopolization and other anticompetitive behavior, and his continued work for Southern California Edison in litigation arising out of the 2017 Thomas Fire, the 2018 Montecito mudslides, and the 2018 Woolsey Fire.
Ms. Libeu litigates high-stakes business disputes across a variety of areas, including business torts, contracts, class actions, securities fraud, and trade secrets. She consistently achieves successful outcomes for her clients both before and at trial, and has extensive experience in all stages of litigation—up to and including settlement negotiations and trial.
The Los Angeles Business Journal recognizes the region’s most outstanding litigators as “Leaders of Influence: Litigators & Trial Lawyers in Los Angeles.” These are the very best litigators and trial attorneys in the region. These are the trusted advisors you want in your corner in court.
Click here to view full profile.
Mr. Purpura’s unique blend of public and private sector experience allows him to provide clients with multi-dimensional counseling on the most complex legal issues. He has served as an adviser to two presidents, navigating the many tricky separation-of-powers issues involving the executive and legislative branches in high-profile legal and political battles. In prior work as a commercial litigator and as an Assistant U.S. Attorney in the Southern District of New York, he successfully tried many cases and argued numerous appeals.
Ms. Rayburn litigates high-profile, high-stakes technology disputes for companies of all sizes, including Amazon.com, Monster Energy, BlackBerry, ClearOne, and Acorn Technologies. Described by clients as “a fierce advocate” and “intensely brilliant at understanding the detail and complexity of the subject matter, while retaining a clear view of the big issues and impact on strategy,” she has experience in patent, copyright, and trade secret litigation at every stage.
The Los Angeles Times B2B Publishing team selected 101 of the very best thought leaders and power brokers in the legal space in Southern California.
Click here to read profiles.
