Representative Experience
Commercial litigation, including information technology/internet, intellectual property, energy, real estate, and health care litigation
Commercial litigation – handled a wide variety of commercial disputes concerning breach of contract, breach of warranty, business interference, unfair competition, fraud and RICO claims
Computer software litigation – member of trial team representing the State of California against a contractor for a failed $100 million software development project, included the direct examination at trial of former California Governor Pete Wilson's Chief of Staff; represented both software developers and purchasers in a number of disputes concerning large custom software projects
Copyright infringement - defended copyright infringement case brought against a publisher over the alleged unauthorized use of photographs of a famous individual
Patent infringement - prosecuted case on behalf of patent holder for insulated beverage container, ultimately leading to a licensing agreement with the infringer
Trademark infringement - defended a trademark suit brought by a multinational fast food chain, ultimately forcing the plaintiff to pay defendant to settle
Energy litigation – lead trial lawyer in binding arbitration against major Southern California utility in $16 million dispute regarding 470 MW power purchase agreement; represented power companies in a number of commercial disputes with customers, partners, and utilities, as well as litigation-related regulatory matters before the Federal Energy Regulatory Commission and the California Public Utilities Commission
Real estate litigation – represented commercial landlords and other property owners in leasing disputes, premises liability cases and environmental matters; represented leasing companies in contract disputes; defended real estate agents against professional liability claims
Health care litigation – represented health maintenance organization in a number of contract disputes with provider hospitals; represented medical groups in contract disputes with hospitals, health plans, and other providers; represented hospitals in medical staff disputes
Internet domain name dispute - resolved a dispute regarding ownership rights to 107 domain names, including a high profile fashion-related domain
Internet counseling and advice - web site and domain name usage, development, production and sale, as well as related intellectual property issues; web site design and related issues, including the negotiation of agreements, the preparation of privacy and terms of use policies, and web site reviews
Prior Experience
Murphy, Pearson, Bradley & Feeney, San Francisco, CA
Knox Ricksen, Oakland, CA
Publications and Presentations
Author, "Advising, Counseling, and Representing Clients in Technology Disputes", chapter in Aspatore Inc.'s Inside the Minds- Technology Law Client Strategies
Author, "Time to Arbitrate? Making the most out of binding arbitration," The Recorder, March 6, 2006
Author, "Way to Go Live: A Framework for New IT Implementation," Healthcare Financial Management, January 2005
Author, "FIRREA Disrupts Traditional Notions of Attorney Duty By Exposing Lawyers, as Institution-Affiliated Parties, to Personal Liability," Santa Clara Law Review, Vol. 33, No. 4, 1993
Past contributor to "Ask the Attorney", appearing in several nationally distributed magazines
Memberships and Activities
California State Bar
U.S. District Court, Northern Central and Eastern Districts of California
U.S. Court of Appeals, Ninth Circuit
Chair, California State Bar Committee on Federal Courts
San Francisco Bar Association
Alameda County Bar Association
American Bar Association
Member, DWT's Technology Committee
Education
J.D., Santa Clara University School of Law
- Comments Editor, Santa Clara Law Review
B.A. in Anthropology, Pomona College