Related Practices

Admitted to Practice

California, 1982
U.S. Supreme Court, 2010
U.S. Court of Appeals 9th Circuit, 1983
U.S. District Court Northern District of California, 1982
U.S. District Court Eastern District of California, 1983
U.S. District Court Southern District of California, 1983
U.S. District Court Central District of California, 1989

Martin L. Fineman

Partner

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San Francisco

T415.276.6575

F415.276.6599

Martin Fineman handles litigation in the areas of contract, corporate, securities, intellectual property and international litigation with an emphasis on class action cases. He has tried numerous cases before judges, juries and arbitrators, and has argued appeals to the California Supreme Court, California Courts of Appeal, and the 9th Circuit Court of Appeals. Martin also is a commercial and securities arbitrator through the American Arbitration Association.

Martin's clients include: adidas, AutoNation, MetroPCS, NextG Networks, South San Joaquin Irrigation District, T-Mobile, and Yangtze Optical Fibre & Cable Co.

Representative Experience

Grail Semiconductor, Inc. v. Mitsubishi Electronic & Electronics USA, Inc.

Co-lead trial counsel for plaintiff in a nearly month-long trial against Mitsubishi Electronic & Electric US for breach of a non-disclosure agreement. The jury found that defendant disclosed and used confidential semiconductor technology, and returned a verdict in favor of our client for $124 million. (Santa Clara Cnty. (Cal.) Super. Ct. 2012)

T-Mobile West Corp. v. City of Huntington Beach

Trial of a case brought under Section 332 of the Communications Act. T-Mobile prevailed and the court issued an injunction. (C. D. Cal. 2012)

Minority shareholder v. corporation

Defending corporation and its directors against claims by minority shareholder relating to board membership, voting rights, dividends, and pension rights. Case was successfully settled. (2012)

Robinson v. City & County of San Francisco, et al.

Defended wireless carrier against due process, CEQA and municipal ordinance challenge to permits granted for installation of wireless facilities in the public right of way. Superior Court found in favor of client on all claims. Court of Appeal affirmed in full. 208 Cal. App 4th 950 (2012)

Investor v. Investment advisor/transfer agent

Complete defense verdict for an investment advisor/transfer agent in a trial in which the plaintiff alleged that certain sales fees should not have been charged. The case was very important to client--to protect its untarnished reputation. (2009)

Minority shareholder v. limited liability company

Defended company and its managing member against claims by minority member relating to distributions and handling of one of the company's assets, a contaminated piece of real property. Case settled favorably. (2009)

Richmond Residents For Responsible Antenna Placement v. City of Richmond, et al.

Defended wireless carrier against due process and CEQA challenge to permits granted for installation of wireless facilities. Superior Court found in favor of client on all claims. Court of Appeal affirmed in full. (2009)

Startup company v. Fortune 500 company and officer

Defended the Vice President of a Fortune 500 company in a misappropriation of trade secrets and breach of fiduciary duty lawsuit. The case settled favorably after trial commenced. (2009)

Arcilla v. adidas Promotional Retail Operations, Inc.

Defended two consumer class actions asserting violations of FACTA (credit card privacy act). 488 F. Supp. 2d 965 (C.D. Cal. 2008)

Hospital privileges dispute

Defended hospital against claims of breach of contract and medical staffing violations. (2008)

Lyons v. Chinese Hospital Association

Defended hospital in state court and AAA arbitration proceeding against unfair business practice and negligence claims. (2008)

Midtronics, Inc. v. World Energy Labs (2), Inc.

Successful defense of patent infringement case involving patents relating to battery testing equipment, ending in dismissal. (N.D. Ill. 2008)

South San Joaquin Irrigation District v. San Joaquin Local Agency Formation Commission

Important published decision concerning whether LAFCO approval is required for an irrigation district to provide retail electric service within its district boundaries. 162 Cal. App 4th 146 (2008) 162 Cal. App 4th 159 (2008)

Allied Telecomm International, Inc. v. Yangtze Optical Fibre & Cable Co., Ltd.

Defended client in $38 million breach of contract case arising from arbitration (in which a complete defense award was obtained; the plaintiff then sought a trial de novo in court) and obtained a favorable settlement. (S.F. Cnty. (Cal.) Super. Ct. 2007)

Gutierrez v. Autowest, Inc. and AutoNation, Inc.

Complete defense verdict after trial of a consumer class action alleging violations of the Vehicle Leasing Act and the Consumer Legal Remedies Act (false advertising claim). 114 Cal. App. 4th 77 (S.F. Cnty. (Cal.) Super. Ct. 2007)

North County Communications v. California Catalog & Technology

Represented wireless telecommunications carriers in suit brought by CLEC seeking compensation for traffic terminated on its network. The case was dismissed. The judgment was affirmed on appeal. 594 F.3d 1149 (9th Cir. 2007)

South San Joaquin Irrigation District v. Meridian Pacific, Inc.

Action against political consulting firm for unauthorized entry into governmental agency's computer network. (San Joaquin Cnty. (Cal.) Super. Ct. 2007)

MetroPCS, Inc. v. City of San Francisco

Trial of a case brought under Section 332 of the Communications Act. One of the few cases in the history of this important statute ever to go to trial. The appellate opinion is the most important decision in the 9th Circuit construing this statute. 400 F.3d 715 (9th Cir. 2006)

NextG Networks of Calif., Inc. v. City of San Francisco

Order granting judgment and permanent injunction for NextG, pre-empting pursuant to Section 253 of federal Communications Act the defendant city's requirements for deployment of wireless facilities in public rights-of-way. 2006 U.S. Dist. LEXIS 36101 at *11-12 (Patel, J.) (9th Cir. 2006)

VIVA! International Voice for Animals v. adidas Promotional Retail Operations Inc.

Case involving the constitutionality on federal preemption grounds of California statute purporting to make illegal the sale of shoes made of kangaroo leather, despite provision of Endangered Species Act allowing importation of such materials. Case went to the State Supreme Court. Plaintiff's case was dismissed. 41 Cal. 4th 929 (Cal. 2006)

Hewlett-Packard Co. v. Cooper, et al.

Co-counsel for the inventor and related companies in defense of a declaratory relief action and in prosecution of claims for patent infringement in a case involving image enhancement technology used in the printer field. Case settled favorably. (N.D. Cal. 2003)

Quintero-Smith, Inc. v. Herman Miller, Inc., et al.

Represented defendants Herman Miller, Inc., and Miller SQA, Inc. in a patent infringement case involving 'expert system' software in the modular office furniture industry. Obtained summary judgment dismissing patent claims. (C.D. Cal. 2002)

Additional Qualifications

Partner, Brobeck, Phleger & Harrison
Partner, Musick, Peeler & Garrett LLP
Judicial Law Clerk, Hon. Robert Boochever, U.S. Court of Appeals for the 9th Circuit

Professional & Community Activities

Joint Advisory Committee on Continuing Education of the Bar; Former Chair, Civil Litigation Subcommittee; Former Consultant – California State Bar, 1988-present
Judge Pro Tem and Judicial Arbitrator, San Francisco County Superior Court, 1990-present
Judicial Mediator, 1st Appellate District, California Court of Appeal
Association of Business Trial Lawyers
Power Association of Northern California, 1998-present
Chair/Vice Chair, California State Bar Committee on Federal Courts, 2001-2004
Chair, Continuing Education Committee, Appellate Courts Section, Bar Association of San Francisco, 1995-1996
Securities Litigation Subcommittee on Accounting Issues, American Bar Association, 1990-1995
Past Partner-in-Charge, San Francisco Office, 1999-2011
Past Co-chair, firmwide Commercial Litigation Department, 2002-2005
Past Member, firmwide Commercial Litigation Department Steering Committee, 1995-2005
Past Member, Attorney Evaluation Committee
Past Member, firmwide Pro Bono Committee

Professional Recognition

Selected to "Northern California Super Lawyers," Thomson Reuters, 2004-2012
Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2013
Martindale-Hubbell AV Rating
Named one of the "Best Lawyers in the Bay Area" by Bay Area Lawyer Magazine, each year of publication
Listed in Who's Who in American Law, 1998-present

Education

J.D., University of California, Berkeley, Boalt Hall School of Law, 1982
- Editor, California Law Review
M.B.A., University of California, Berkeley, Haas School of Business, 1982
B.S., Business Administration, University of California, Berkeley, 1978
- Phi Beta Kappa
- Beta Alpha Psi, Accounting Honorary