Client Collaborations

Secured preliminary injunction and return of two domain names to company after former employee had commandeered its websites and social media accounts.

Building and coordinating a portfolio of adhesives.

Building and coordinating a portfolio of particle material formulations.

Managing strategy and building portfolio for polymer based materials.

Mass Action Contingency Recovery in Fraud Case. Represented some 70 investors who collectively lost nearly $100 million as result of a Ponzi scheme by a Lake Oswego investment company, Aequitas Management, LLC. Obtained favorable settlements from third-party professionals in state court and private arbitration, resulting in a gross recovery exceeding clients’ investment losses. Recovery was the largest contingency recovery in the 140-year history of the law firm.

High-Stakes Shareholder Dispute for $2.5 Billion Company. Recovery and corporate governance changes arising from two federal cases filed in the Western District of Oklahoma. Local newspaper reported the cases resulted in the largest recovery in the more than 140 year history of the law firm. Cases involved claims by a 50 percent shareholder against another 50 percent shareholder arising from claims for breach of contract, breach of good faith and fair dealing, breach of fiduciary duty, and waste and mismanagement.

Millicent Naito et al v. Samuel T. Naito et al. Successful defense of board member, including recovery of costs and attorney fees in the face of multimillion-dollar claims for breach of fiduciary duty and related derivative claims. On the first day of trial, after several days of evidentiary hearings, personal damage claims against Ann Widmer (independent director) amounting to more than $6 million were dismissed with prejudice. The court ruled that Ms. Widmer was entitled to mandatory indemnification by the corporation, H. Naito Corporation. Claims included breach of fiduciary duty, derivative claims, and recoupment of attorney fees and costs paid for indemnification against Ms. Widmer and another independent director in connection with a lawsuit by minority shareholders based on breach of fiduciary duties and oppressive conduct.

James E. Rich v. Rippling River Association et al. Successful defense of homeowners association board and the recovery of costs and attorney fees in the face of multimillion-dollar claims. Recovered more than $1 million in attorney fees and costs and disbursements. Plaintiff’s motion for preliminary injunction was denied. Claims against Rippling River Association and its board included breach of fiduciary duty, breach of state statutes relating to homeowners association and master plans, and violation of homeowners association articles and bylaws. The case involved an effort by minority members to take over the board of a homeowners association and recover millions of dollars in damages and attorney fees based on, among other things, failure to obtain proper membership vote for change in voting procedures and election of directors.

In re Cupertino National Bank v. Des Chuttes Investments, Inc. Claims of bad-faith bankruptcy filing were dismissed, enabling Greater Bay Bancorp to proceed with collection efforts on multimillion-dollar debt, and sanction judgment was entered against debtor and debtor’s counsel. The judgment is one of the largest sanctions imposed against a lawyer in the history of the court.