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Complex Commercial Litigation

The Complex Business Litigation Practice Group is comprised of experienced trial lawyers who handle sophisticated litigation matters in a wide variety of industries. The Group has extensive experience in both prosecuting and defending claims in both state and federal courts at both the trial and appellate levels. Various members of the Group have special expertise in commercial real estate litigation, disputes involving other commercial contracts, claims arising under federal and state antitrust, unfair competition, and false advertising statutes, securities and other business fraud claims, consumer class actions against retailers and other business entities, minority squeeze-out claims, and insurance coverage disputes.

The Complex Business Litigation Practice Group draws upon its collective expertise in these wide-ranging matters, and the expertise of the members of Rogers Joseph O'Donnell's other practice groups, to develop practical, concrete and cost-effective proposals and solutions to disputes facing our clients. Our litigation style is aggressive, efficient and result-orientated. Particular attention is paid to maximizing opportunities for early resolution, by means of efficient discovery and effective motion practice, to advance our clients' interests in successfully resolving litigation in the shortest time and at the lowest cost possible.

Representative Cases and Issues
  • Defense of consumer class action on behalf of state lottery players against state lottery and its contractor, based on claims of statutory unfair competition and common law fraud. Janis v. California State Lottery, 68 Cal. App. 4th 824 (1998) (summary judgment affirmed)
  • Defense of advertising agency and its principal shareholder against claims brought by minority shareholder alleging breach of contract and breach of fiduciary obligations
  • Action on behalf of venture capital fund operator based on breach of contract, interference and related claims, against investment bank (acting as fund advisor) and its acquiring company, arising out of termination of relationship
  • Defense of consumer class actions against cellular telephone carriers in California based on federal and state antitrust and unfair competition statutes
  • Defense of various actions, including a class action lawsuit, brought against securities broker arising out of sale of limited partnership interests in oil and gas programs
  • Representation of winery in litigation arising out of long-term grape supply agreement
  • Defense of winery against property damage claims brought by adjacent property owner following damage caused by aerial application of herbicides
  • Defense of owners and operators of various asphalt and concrete manufacturing operations against claims filed in federal court in Sacramento by construction industry customers and competitors under state and federal antitrust and unfair competition laws, alleging impropriety of joint or co-ownership and operation of multiple facilities in a region
  • Defense of association of state-commissioned pilots of ocean-going vessels into and through navigable inland waterways against claims filed in federal court in Louisiana by multinational oil companies and local port authorities under federal antitrust laws, concerning legal effect of state regulatory environment and other issues
  • Insurance coverage action on behalf of a large aircraft parts manufacturer arising out of the cleanup of a Superfund site
  • Defense of a major financial entity in litigation arising out of the 1991 Oakland Fire
  • Action for breach of contract and fraud by a majority shareholder against a corporation and its majority shareholder
  • Commercial dispute related to the sale and overseas distribution of arthroscopic cameras and surgical implements
  • Commercial dispute between overseas corporations arising out of the sale of a major international freight forwarding company
  • Securities fraud claim for an overseas insurance broker in connection with its acquisition of a domestic subsidiary
  • Defense of alleged breach of a build-to-suit lease against a major international chemical corporation
  • Defense of a biomedical products manufacturer in a product liability action
  • Action by commercial tenant against landlord for declaratory relief regarding validity of landlord's appraisal to be used in calculating rent due under extension option

References available upon request.

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Complex Commercial Litigation Publications


Attorneys
Thomas H. Carlson (co-chair)
John G. Heller (co-chair)
Tyson Arbuthnot
Gayle M. Athanacio
Stephen L. Bacon
Merri A. Baldwin
Dennis J. Callahan
Suhani Kamdar
Lauren B. Kramer
S. Amber Lee
Mark J. Linderman
James Robert Maxwell
Suzanne M. Mellard
Robert S. Metzger
Brian D. Miller
Dean D. Paik
Sharon O. Rossi
Renée D. Wasserman
Paul M. Zieff