Some of the most significant legal battles are waged in arbitration rather than in court.
We have successfully prosecuted and defended a broad range of cases before the major arbitral bodies—both U.S.-based and international—including AAA, JAMS, the International Center for Dispute Resolution, and the ICC International Court of Arbitration.
Our lawyers approach arbitrations with the same meticulous preparation and deep understanding of the facts, context, and desired outcomes that we bring to court. This strategic focus leads to swift, efficient resolutions without unnecessary expense or interruption to business as usual.
Mass Arbitrations
We have been on the cutting edge in defending against new mass arbitration strategies deployed by various plaintiffs’ firms. Depending on the facts, our strategies have included successfully advising clients to litigate claims in court notwithstanding the arbitration clause; adopting a mass-tort structure with agreed bellwether cases and a stay; consolidating claims into an efficient single arbitration; and in some instances pressing ahead with all filed arbitrations to force plaintiffs to abide by all contractual obligations. We have also advised clients regarding strategic modifications of terms of service to minimize the disruption caused by such arbitrations.
Experience
Won “the largest-ever U.S. trademark awards” (Reuters) for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. Following a two-week trial, the arbitrator held that VPX’s Bang Energy does not contain advertised muscle-building creatine and infringed on “Bang” trademark. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorney’s fees and costs, and a 5% royalty on all future sales of Bang Energy (with over $1.5 billion in annual sales). (See “Monster asks court to enforce $175 mln award against Bang Energy maker,” Reuters; “Monster, Orange Bang Win $175M Against Rival In Arbitration,” Law360).
Secured a complete defense victory for Amazon after a two-week arbitration of a case that eBay publicly promoted as an international racketeering and fraud conspiracy to unlawfully recruit eBay sellers to Amazon. (See “Amazon wins legal fight against eBay over alleged seller poaching,” CNN; “EBay Accuses Amazon Managers of Conspiring to Poach Its Sellers,” The New York Times; “EBay Accuses Amazon of Illegally Poaching Sellers,” The Wall Street Journal).
Successfully defended Peloton against a mass arbitration strategy wherein individual consumers pursued false advertising and other consumer claims. Peloton refused to pay the individual arbitration fees, and plaintiffs proceeded in federal court as a class action. Thereafter, dismissed several named plaintiffs and successfully defeated class certification on two bases (adequacy and predominance), precluding the claims from proceeding entirely.
Represented Ring in multiple individual arbitrations concerning alleged privacy violations. Successfully narrowed the arbitrable disputes, implemented an organized structure, and resolved all pending arbitrations.
Secured a favorable resolution for a video game company, which was a target of mass arbitration wherein thousands of individual consumers alleged its gaming practices violate state consumer protection laws. The matter spanned three different forums, including the mass arbitration forum FedArb as well as California state court and JAMS. Prior to the settlement, we significantly narrowed the list of claimants through proactive efforts across all forums.
Secured a complete victory on behalf of the State Bar of California after a five-day public arbitration, in a high-profile whistleblower retaliation, breach of fiduciary duty, and breach of contract action brought by the State Bar’s former executive director, Joseph Dunn. (See “California Bar Wins Over Executive Director in Whistleblower Case,” Law360; “Arbitrator Rejects Remainder of Ousted Bar Leader’s Claims,” The Recorder; “Joe Dunn loses arbitration over his firing by State Bar,” Sacramento Bee).
Prevailed on a preliminary injunction in favor of the CEO and co-founder of major social networking app to maintain his control over the company and prevent his unlawful termination. Thereafter obtained a nine-figure settlement on the eve of international arbitration hearing after the majority shareholder attempted to seize control of the company.
Won a complete arbitration trial victory on all claims and counterclaims for a prominent Napa winery and its majority owner against the winery’s founder, former CEO, and minority owner in a case alleging fraud, breach of fiduciary duty, and other claims. The award included more than $5 million in damages, fees and costs, in addition to an extraordinary order dissociating the defendant from his role as a member of the company.
Won a complete defense award for leading video game publisher against rival, defeating all claims of misappropriation of trade secrets and confidential information after conclusion of full hearing.
Obtained a $24 million arbitration award for former executives of The Gores Group, a prominent private equity firm, who were deprived of equity interests they had been granted in portfolio companies held by the firm’s third institutional fund.
Secured a favorable settlement on behalf of Western Digital and its SanDisk subsidiaries in their widely publicized dispute with Toshiba over joint ventures governing multibillion-dollar NAND flash memory business assets. The dispute encompassed multiple arbitrations before the International Court of Arbitration and litigation in the California trial and appellate courts, where we secured injunctive relief in aid of the arbitrations. As one market analyst commented: “SanDisk/Western Digital has ultimately won the courtroom battle not once, not twice, but on every occasion both parties have had a legal dispute.” (See “The Toshiba Memory Sale Is Dead – Western Digital Will Benefit,” Seeking Alpha).
Secured a $50 million settlement on behalf of a major telecommunications company against a Fortune 50 company after success in critical early motions in an expedited arbitration.
Obtained broad injunctions of behalf of CoreLogic Solutions, one of the country’s leading property information, analytics, and services providers, against theft of trade secrets and confidential information by five former employees. The award also included admissions of misappropriation of confidential information and published apologies by five former employees.
Won a multimillion-dollar award for a venture capital firm on fraud claims related to the sale of a regional energy company.
Secured a multimillion-dollar award for a large internet retailer in a contract dispute with its fulfillment services provider related to mishandled customer deliveries.
Secured a favorable settlement on behalf of a multinational law firm in a dispute arising from the departure of prominent practice group and more than a hundred percentage fee clients for a competing law firm.
Obtained a preliminary injunction and secured a favorable settlement on behalf of a motion picture and television production company in arbitration against veteran movie producer who violated exclusive services contract.
Secured a favorable settlement for a motion picture and television studio in a dispute related to the distribution of fitness videos after obtaining a ruling from the arbitrator enforcing a controversial limitation on liability provision in the parties’ distribution agreement.
Counseled a major alternative dispute resolution firm relating to potential breach of contract and associated business issues.
Obtained a favorable settlement on behalf of a global quick service restaurant corporation in a trade secret misappropriation arbitration against a former executive.