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.
RJO Attorneys Have Litigated the Following Representative Cases
Shareholder, Partnership, and Fiduciary Disputes
- Litigated claims of the minority shareholders of a privately held agricultural company for corporate dissolution and breach of fiduciary duty against the company’s directors and officers, resulting in a lucrative buyout of the minority shareholders.
- Defended the directors and officers of a mortgage bank against breach of fiduciary duty claims by shareholders who sought $30 million in damages.
- Defended the selling shareholders of a technology company against indemnity claims totaling $25 million asserted by the buyer after losses arose from patent infringement litigation that was pending at the time of sale.
- Represented the general partner of a family investment partnership against claims of breach of fiduciary duty and fraud asserted by 15 limited partners.
- Secured a favorable settlement in a JAMS arbitration proceeding on behalf of the estate of a deceased shareholder of a closely held company that refused to repurchase his shares upon his death.
- Represented law firm partners against breach of fiduciary claims brought by a former partner.
- Defended a Silicon Valley law firm against claims of conflict of interest, malpractice and breach of fiduciary duty arising from a failed start-up venture.
- Litigated claims against a real estate broker for breach of fiduciary duty and fraud on behalf of a commercial property developer.
Business Litigation, Including Class Actions
- Represented a major automobile company in a $3 million dispute with two suppliers involving the shipment of hundreds of thousands of vehicles between California and Hawaii.
- Secured summary judgment in U.S. district court on behalf of an investment bank against a company that refused to pay a $2 million “success fee” after the company was acquired in a private equity transaction
- Represented a global cloud-networking company in litigation involving an IP-based contract dispute between the company’s founders. Following a two-week bench trial, the California Superior Court issued an order entirely vindicating the company’s interpretation of the contract.
- Represented a Taiwanese electronics company in a dispute with a former development partner, asserting various claims and seeking over $700 million in damages. Following a two-week trial in front of an AAA arbitration panel in San Francisco, the case settled on highly favorable terms.
- Obtained judgment in favor of client in putative class action asserting claims of unfair and unlawful business practices, violation of California antitrust law and unjust enrichment. Defeated plaintiff’s class certification efforts, and judgment affirmed on appeal.
- Obtained dismissal with prejudice of putative class action alleging RICO violations, breach of contract and trespass claims related to California wildfire recovery efforts.
- Represented a global semiconductor company and several directors and officers in a securities class action in the U.S. District Court for the Northern District of California. Resolved on favorable terms after extensive discovery.
- Procured a temporary restraining order and preliminary injunction prohibiting former employees and a competing business from soliciting the client’s customers and employees.
- Represented an insurance agency in civil and criminal matters involving fraudulent conduct by former personnel, resulting in a significant restitution award.
- Obtained dismissals of prominent New York and San Francisco law firms through anti-SLAPP motions, including recovery of attorneys’ fees.
- Prevailed at trial in U.S. District Court in the Northern District of California on all claims asserted by a maritime transportation company against a medical clinic for negligent treatment of an employee.
Real Estate Litigation
- Successfully defended sellers of a commercial property in San Francisco against claims by a title insurance company for $3.3 million in damages by obtaining a dismissal before trial, with the sellers paying nothing.
- Represented a real estate investment trust in pursuing breach of contract and fraud claims against a property management company entrusted with managing and selling a shopping center portfolio of 60 properties in California.
- Represented two real estate developers in an eight-week jury trial in San Francisco Superior Court against claims of fraud and breach of contract.
- Represented retail tenants nationwide in litigation with commercial landlords arising from the COVID-19 pandemic, securing favorable settlements involving lease terminations and rent abatement.
- Litigated claims for breach of contract, non-disclosure, fraud and construction defects on behalf of a property owner who incurred more than $1 million in water damage.
- Successfully defended a restaurant in a long-term lease dispute, obtaining judgment in its favor and an award of more than $600,000 in attorneys’ fees.
- Acted as lead trial counsel in successful writ proceeding to set aside award of $150 million contract for the automated people mover system at the San Francisco International Airport. Later, successfully represented client in multi-party litigation raising multimillion-dollar claims and insurance coverage issues
References available upon request.