Related Practices

Admitted to Practice

California, 1993
U.S. Court of Appeals 9th Circuit, 1993
U.S. District Court Northern District of California, 1993
U.S. District Court Central District of California, 1999
U.S. District Court Eastern District of California, 1999
U.S. Court of Appeals Federal Circuit, 2010

Joseph E. Addiego III

Partner

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San Francisco

T415.276.6515

F415.276.4815

Joe Addiego is a seasoned trial lawyer who focuses on computer software and hardware, intellectual property, class action defense, trade secret, real estate, and energy disputes. Joe has represented technology companies, financial institutions, wireless carriers, publishers, power companies, property owners, hospitals, insurers and insureds, government entities, partnerships, and start-up companies in a multitude of commercial disputes in both state and federal courts. Joe also has guided many of his clients through binding arbitration.

Representative Experience

Dispute with software vendor for mortgage insurance company

Represented software customer in a dispute with vendor concerning a custom accounting software project. The case ultimately settled prior to litigation, with the vendor agreeing to fix the software and also implement modifications at no additional cost.

Defense of software implementer

Defending global information technology company in ongoing litigation regarding its implementation of software suite for international foodservice company. (Fresno Cnty. (Cal.) Super. Ct.)

Computer fraud and abuse act and trade secret claims

Defended international bank in claims brought by a competitor for alleged violations of the federal Computer Fraud and Abuse Act, and claims for trade secret misappropriation, breach of contract, breach of fiduciary duty, and conspiracy. The case settled favorably after a motion for partial summary judgment was filed but before the hearing on the motion. (N.D. Cal.)

License agreement dispute for major wireless broadband Internet service provider

Pursued breach of license agreement claims on behalf of major wireless Internet company against wireless spectrum owner. Obtained preliminary injunction in U.S. District Court and ultimately settled the case on favorable terms following depositions of spectrum owner’s key personnel. (N.D. Cal.)

Kent Ward v. Equilon Enterprises LLC and Shell Oil Products Company, LLC

Represented Equilon Enterprises LLC and Shell Oil Products Company, LLC in a $14 million premises liability claim stemming from a severe workplace injury that left the plaintiff a quadriplegic. The court ultimately reached a favorable finding on summary judgment that led to a highly favorable settlement for the client.

Privacy and computer fraud class action

Represented broadband service provider against putative class action claims for alleged violations of the federal Electronic Communications Privacy Act and Computer Fraud and Abuse Act, as well as California’s Invasion of Privacy Act and Computer Crime Law based on the supposed unauthorized acquisition and use of personal information. The plaintiffs dismissed our client after filing but before the hearing on our motion to dismiss. (N.D. Cal.)

Jadeja v. Redflex Traffic Systems, Inc.

Represented nation's largest vendor of automated red-light traffic cameras in California class action in the Northern District of California, where plaintiffs allege that contract between Redflex and California cities violates California's Unfair Competition law. The court granted Redflex's motion to dismiss, and plaintiffs voluntarily dismissed their claims without seeking further amendment. 764 F. Supp. 2d 1192 (N.D. Cal.)

Consumer Legal Remedies Act class action

Represented international beauty products manufacturer in response to pre-litigation California Consumer Legal Remedies Act claims made by purchasers of various products. Litigation was avoided with an early, positive settlement. (Los Angeles Cnty. (Cal.) 2011)

Be In Inc. v. Google

Representing Be In Inc., an online social media company, in action against Google alleging copyright infringement, trade dress, trade secret, and civil conspiracy claims concerning Be In’s CamUp platform. (N.D. Cal.)

Trademark enforcement

Enforced winery’s rights in its internationally renowned brand of pinot noir and pinot gris. Prior to commencement of litigation, the competitor agreed to cease and desist all use of its infringing labels. (N.D. Cal.)

Billy Rogers v. Michael Glowner, et al.

Obtained summary judgment in defense of vicarious liability action against Shell Oil Company. Summary judgment was affirmed in full on appeal in an unpublished opinion. 06-01968 (Contra Costa Cnty. (Cal.) Super. Ct.) Read more

Boreski v. Shell Oil Company

Defended Shell in a vicarious liability action. The matter settled on the eve of trial for a small fraction of plaintiff’s demand following a successful motion to strike all of plaintiff’s experts from testifying at trial. (San Diego Cnty. (Cal.) Super. Ct.)

Litigation for independent power producer

Represented independent power producer in binding arbitration against major Southern California utility in dispute arising under 470 MW power purchase agreement.

Real estate litigation for limited partnership

Represented client in a second action on a promissory note secured by a deed of trust to real estate, after the first action was litigated by another firm to judgment in the form of a decree of judicial foreclosure. The second action involves the unique areas of law of the innocent sold out junior lien holder exception to the one form of action rule. (Alameda Cnty. (Cal.) Super. Ct.)

Premises liability action

Defended an industrial land owner/operator in a premises liability action. The case was settled on very favorable terms after establishing that plaintiff perjured himself at deposition. (Contra Costa Cnty. (Cal.) Super. Ct.)

Richard Morgan v. Enloe Medical Center

Represented a hospital in response to a physician's petition for writ of administrative mandamus, seeking to overturn the decision of the hospital's board of directors to revoke the physician's hospital privileges. The writ was denied by the Superior Court, which also granted the hospital its attorney's fees and costs. Decision was upheld on appeal. (Cal. App. 3d Dist.)

Professional & Community Activities

Settlement Conference Officer, San Francisco County Superior Court Mandatory Settlement Conference Program, 2012-present
San Francisco Bar Association, 1993-present
Alameda County Bar Association, 1993-present
American Bar Association, 1993-present
Former Secretary and member of the Board of Directors, George Mark Children's House, 2008-2011
Former Chair, California State Bar Committee on Federal Courts, 2006-2007
Former member, Tournament Host Committee, Stonebrae Classic (Nationwide Tour professional golf tournament), 2008-2010