SELECTED
LITIGATION
Adobe Systems,
Inc. v. Community Connexion, Inc. No.
C-96-20833-SW (N.D.Cal.)
Obtained dismissal
of a copyright infringement action against an Internet service provider
based on vicarious liability for alleged infringements on users' web sites
hosted by the service provider.
Albert v. Caravano,
824
F.2d 1333 (2d Cir. 1987), 851 F.2d 561 (2d Cir. l988)(en banc)
Due process challenge
to suspension of students for participation in demonstration against apartheid.
Alejandre v. Republic
of Cuba, 183 F.3d 1277 (11th Cir. 1999).
In joint defense
of the Cuban telephone company under the Foreign Sovereign Immunities Act,
successfully overturned the attempted garnishment of its assets to satisfy
a judgment against the Republic of Cuba based on an international incident
involving the downing of a plane with Cuban exiles.
Allende v. Shultz,
845
F.2d 111 (lst Cir. 1988)
Successful challenge
to denial of visa to Hortensia de Allende, widow of slain President of
Chile Salvador Allende, to visit United States to speak and meet with scholars.
Boucher v. DiLorenzo,
No.
84 Civ. 7868 (S.D.N.Y.)
Successful action
against landlord for damages for wiretapping tenant organizer's telephone.
Colombrito v. Kelly,
764
F.2d 122 (2d Cir. 1985)
Court of Appeals
reversed award of attorneys fees against a church for bringing civil rights
claim for forcible "deprogramming," holding that civil rights claim was
actionable.
Cosmetics Antitrust
Litigation, JCCP No. 4056 (Marin Superior Court)
Member of steering
committee in consumer class action against department stores for pricefixing
in the sale of cosmetics.
Doe v. KCBA-TV,
Case No. HO18878 (Monterey Super. Ct. 1998)
Defeated an anti-SLAPP
motion and obtained a substantial settlement in a privacy action against
two television stations that broadcast courtroom footage which disclosed
the identities of minor victims of child abuse, in violation of court orders.
Doe v. Vanderbilt
University and American Red Cross,
No.
90C-4158 (Tenn. Cir. Ct.)
Lawsuit on behalf
of a transfusion recipient who contracted AIDS from blood supplied by the
American Red Cross.
Flat Glass Antitrust
Litigation, JCCP
No. 4033 (S.F. Superior Court)
Member of executive
committee in class action challenging pricefixing in the flat glass industry.
In re Airline Ticket
Commission Antitrust Litigation, MDL Docket No. 1058 (D. Minn.)
An antitrust action
which challenged the airlines' reduction of travel agent commissions, resulting
in an $87 million settlement.
Lea v. Pacific Bell,
Case
No. 9971366 (S.F. Superior Ct.)
Lead counsel in a
consumer fraud and unfair competition class action challenging the imposition
of hidden charges for each message directed to consumers' voice mailboxes.
Magner v. Sears,
Roebuck & Co., Case No. GIC735554 (San Diego Superior Court)
Consumer fraud and
unfair competition class action against Sears for the sale of defectively
dangerous furnaces, and the refusal to repair and replace the furnaces
under Sears' warranties.
Manybeads v. United
States, No.
88-410 PCH ECT (S.D.Ariz. 1989)
Equal protection
and free exercise of religion challenge to the mass relocation of Navajos
from their ancestral homelands at Big Mountain in Arizona; Ninth Circuit
took unprecedented step of appointing a special master to oversee settlement
negotiations.
Meroni v. Holy Spirit
Association, 119
A.D.2d 200, 506 N.Y.S.2d 174 (N.Y.App.Div. 1986)
Appeal dismissing
lawsuit by estate of ex-member of church alleging fraud and emotional distress
arising out of voluntary participation in peaceful religious practices,
holding lawsuit violated First Amendment right to free exercise of religion.
Microsoft Antitrust
Litigation, JCCP No. 4106 (S.F. Superior Court)
Class action challenging
pricefixing and monopolization by Microsoft in the sale of the Windows
operating system.
Verges v. Old Republic
Title Company, No. 996929 (S.F. Superior Court)
Member of executive
committee in consumer class action against title company for unfair competition
and consumer fraud for imposing fraudulent fees on consumers and for fraudulently
withholding interest obtained on consumers' monies.
Ozonoff v. Berzak,
744
F.2d 224 (1st Cir. 1984)
Executive Branch's
pre-employment loyalty screening of potential employees of U.S. nationality
at the United Nations held unconstitutional.
People v. Helmsley,
Index
No. 2506/88 (N.Y.Sup.Ct. 1990)
Indictment dismissed
on double jeopardy grounds because based on same transaction as prior federal
prosecution.
Perish v. Intel
Corp. Case
No. CV755101 (Santa Clara Super. Ct.)
Liaison counsel and
settlement class counsel in a consumer fraud class action for misstatement
of performance claims, which resulted in a settlement of $1.5 million and
injunctive relief.
Providian Class
Action Litigation, JCCP
No. 4085 (S.F. Superior Court)
Member of executive
committee in a consumer fraud and unfair competition class action against
a credit card company for imposing fraudulent fees on its customers.
Quokka Sports, Inc.
v. Cup International Ltd. Case
No. C 99-5076 DLJ (N.D. Cal.)
Obtained an injunction
against a cybersquatter on the americascup.com domain name, in the
first case filed under the newly-enacted Anticybersquatting Consumer Protection
Act.
Republic of Panama
v. Air Panama Internacional, No.
88-0435-CIV (S.D. Florida 1988)
Republic of
Panama v. Citizens and Southern International Bank, 682
F.Supp. 1544 (S.D.Fla. 1988)
Republic of
Panama v. Republic National Bank of New York, 681
F.Supp. 1066 (S.D.N.Y. 1988)
Challenge to the
freezing of the assets of the Republic of Panama by the United States government,
asserting that President does not have authority to violate treaties through
the interference in the internal affairs of other countries.
Ricci v. Bernstein,
Shur, Sawyer & Nelson, No.
84-1310 (Maine Superior Court 1989)
Malpractice action
against law firm for conflict of interest in representation of bank and
client during bank's improper termination of client's credit; ultimately
settled for $1.5 million.
Salman v. Pan American
World Airlines, Inc., No.
91 Civ. 0718 (S.D.N.Y. 1991)
Discrimination suit
against Pan Am for its policy adopted at the start of the Gulf War to deny
passage to any Iraqi national which forced Pan Am to change its policy.
Sanitary Paper Antitrust
Litigation, JCCP No. 4219 (S.F. Superior Court)
Consumer class action
challenging price fixing in the sale of sanitary paper products.
Textiles Fabricato
de Nicaragua v. Peters, No.
77 Civ. 1774 (S.D.N.Y.).
Represented the Nicaraguan
government in a successful lawsuit to recover damages for breach of contract
to purchase fabric from state-owned factory.
United States v.
Helmsley, 941 F.2d 71 (2d Cir. 1991)
Sentence reduced
due to sentencing violations; also raised issues of due process and improper
jury instructions which unconstitutionally shifted the burden of proof.
United States v.
Mitchell, 172 F.3d 1104 (9th Cir. 1999).
Obtained reversal
of a conviction for bank robbery and secured the freedom of a wrongfully
convicted indigent defendant because the conviction was based on evidence
of poverty.
United States v.
Neidorf, No.
90 Cr. 70 (N.D.Ill. 1990)
Motion to dismiss
criminal prosecution for wire fraud by publication in electronic newsletter
of allegedly confidential information taken by computer hackers but which
the publisher legally obtained.
University of Science
and Philosophy v. Ekker, No. CV-F-92-5431-REC (E.D.Cal.)
First amendment defense
of religious entity in a copyright infringement case arising out of publication
of materials derived from spiritual sources.
Vitamin Cases Antitrust
Litigation, JCCP No. 4076 (S.F. Superior Court)
Member of steering
committee in consumer class action against vitamin manufacturers for pricefixing.