Representative Matters

eDiscovery and Information Management

  • Assisted Fortune 100 company in memorializing its standard operating procedures for all aspects of discovery. Collaborated with in-house legal team to develop best practices and guidelines on the topics of litigation holds, preservation and collection of documents and data, and production of the same. The final work product was a multi-volume series of detailed procedures to be followed by all company employees facing discovery
  • Consulted on consumer class action case with respect to strategy for collection, review and production of potentially relevant data. Developed a budget and protocol for electronic discovery and managed team in execution of that strategy
  • Coordinated review, analysis and production of documents in securities litigation matter managing a nationwide team of reviewers to review more than 500,000 documents in a four month period
  • Consulted with major utility company to review and revise policies and procedures regarding litigation holds. Joined client's working committee to analyse these issues.  Drafted revised policies for the implementation and release of litigation holds. Conducted training for all employees in legal, human resources, records management and information systems departments on litigation hold obligations
  • Coordinated collection of documents in response to Securities and Exchange Commission subpoena, requiring collection of data from personal devices and cross-border collection of data from client offices in China

Government Investigations

  • Representation of international technology company in connection with Securities and Exchange Commission's investigation of insider trading activity.
  • Representation of three individuals in connection with the Securities and Exchange Commission's investigation of the under-funding of the City of San Diego pension plan, including four days of testimony before the Commission and preparation of responses to numerous subpoenas from the Commission
  • Representation of San Diego-based metals company in connection with investigation by Department of Justice and grand jury, including response to grand jury subpoenas, preparation of witnesses for grand jury testimony and negotiations with US Attorney's Office and Department of Justice on complex discovery issues
  • Representation of former officer and board member of Gemstar-TV Guide International under investigation by Securities and Exchange Commission, including thirteen days of testimony before the Commission, preparation of a Wells submission, and extensive pre-litigation negotiations with Commission staff attorneys

Internal Investigations

  • Conducted internal investigation of alleged accounting errors at public company which resulted in a cumulative reduction in net income of US$10.2 million to determine if there was intentional wrongdoing
  • Conducted internal investigation of every stock option grant by a software company, which resulted in providing sufficient comfort to a Big Four audit firm that the company properly accounted for stock options despite minor discrepancies in record keeping
  • Conducted internal investigation of national, for-profit, educational institution into allegations of misconduct by senior management   

Federal Securities Cases

  • In re Heckmann Corporation Securities Litigation. Representation of company and its officers and directors in securities class action suit pending in the US District Court for the District of Delaware arising from goodwill write-off related to acquisition of a company in the People's Republic of China
  • Perrin v. SouthWest Water Company. Representation of company and its officers and directors in securities class action suit for alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and Section 11 of the Securities Act of 1933 filed in the US District Court for the Central District of California arising from a restatement of the company's financial statements. The district court granted our motion to dismiss the Plaintiffs' Second Consolidated Amended Complaint with prejudice and without leave to amend as to all claims and all defendants. The case is now on appeal to the Ninth Circuit Court of Appeals
  • In re Titan Inc. Securities Litigation. Representation of an individual defendant in the federal securities case and in state court derivative litigation and in a federal grand jury investigation and investigation by the Securities and Exchange Commission. The civil litigation has been settled. The investigations appear to have been concluded with no action by the government

Complex Business Litigation

  • Representation of San Diego-based investment fund in connection with a series of lawsuits in Superior Court in San Diego and the US District Court for the Southern District of California arising from breach of funding agreements and convertible debentures in connection with investment opportunities
  • Qualcomm v. Broadcom. Representation of San Diego-based Qualcomm in connection with proceedings related to discovery failures in prior litigation, including extensive witness preparation and counseling
  • Sutton v. Biel. Representation of plaintiff developer of image processing system for Check 21 Act paperless check processing against joint venture partner for breach of fiduciary duty and fraud arising from misappropriation of his technology to defendant's personal benefit. Favorable mediated confidential settlement