Practice Details

Litigation

  • Represented software company in unfair competition and false advertising class action. Obtained dismissal of proposed class action after court ruled plaintiff failed to adequately allege that anti-virus software erroneously reported computer errors and mislead consumers.
  • Represented software company in two unfair competition and false advertising class actions. Obtained dismissal of California Consumer Legal Remedies Act claim, a matter of first impression for the court.
  • Represented New York-based investment fund that held a promissory note secured by a high-end retail building near Union Square in San Francisco in both San Francisco Superior Court and later in Chapter 11 bankruptcy cases. Obtained a recovery for client of approximately $65,000,000.
  • Represented large insurance company against a proposed class action in the U.S. District Court for the Central District of California. Prevailed on motion to dismiss entire case (with prejudice) within months after commencement of action.
  • Represented publicly-traded company regarding the enforceability of contractual arbitration clauses under the Federal Arbitration Act in the U.S. District Court for the Northern District of California. Successfully enforced the arbitration agreement in a published decision.
  • Represented publicly-traded company in defamation and market manipulation action against stock analysts and hedge fund. The company prevailed on an anti-SLAPP motion at the trial court and appellate level. The case settled, resulting in both a retraction and a monetary settlement.
  • Represented lender in breach of fiduciary duty and breach of contract action against a national title company in the Alameda County Superior Court. Obtained a multi-million dollar judgment after trial.
  • Represented investors in NYSE arbitration against national stock brokerage arising out of broker’s unauthorized and unsuitable trades. Obtained multi-million dollar award of all requested damages after arbitration.
  • Represented Fortune 10 corporation in multi-million dollar liability action against it in the Orange County Superior Court. Obtained summary judgment.
  • Represented financial institution in multi-million dollar breach of contract action against it in the San Francisco County Superior Court. Obtained summary judgment.
  • Represented manufacturer in UCL/CLRA action in U.S. District Court for the Central District of California. Prevailed on motion to dismiss UCL claims (with prejudice) within months after commencement of action.
  • Represented international bank in multi-million dollar lawsuit against it in the U.S. District Court for the Northern District of California arising out its acquisition of an options trading firm. Obtained summary judgment.
  • Represented technology company in UCL/CLRA action in U.S. District Court for the Northern District of California. Plaintiffs dismissed the case for a token settlement of less than $5,000 following our filing of dispositive motions.
  • Represented former CEO of Fortune 500 company in dispute with corporate employer over termination and incentive compensation. Obtained advantageous settlement following negotiations resulting from single demand letter.
  • Represented homeowners in defect nondisclosure dispute with sellers and their design professionals. Settled the dispute prior to the filing of a lawsuit for over $1,000,000.

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Lubin Olson's Litigation Practice Group has developed a reputation as one of the pre-eminent trial and litigation practices in California. We have extensive experience litigating a broad range of commercial disputes in state and federal courts and arbitrations throughout California, including those relating to real estate, contracts, securities, employment, lender liability, receiverships, construction (contract, surety, guarantee, warranty, claims, mechanics’ lien, performance and defect), trade secrets, unfair competition, broker and professional liability, business torts and fiduciary matters.

A major focus of our work is preventative in nature. To that end, we counsel our clients on how they can avoid lawsuits or successfully utilize dispute resolution alternatives to litigation. When litigation does arise, our first objective is to resolve it as quickly and inexpensively as possible, either through an early settlement or a favorable pre-trial disposition. We recognize, however, that not all lawsuits are capable of a pre-trial disposition through settlement or motions. Unlike many other firms, our litigators are – first and foremost – trial lawyers. With nearly 200 jury trials, bench trials and arbitrations between us, we are highly skilled at trying or arbitrating disputes when necessary and appropriate.

We bring a high level of analytical skill, creativity and practical problem solving to each case. Our extensive trial experience affords our clients the opportunity to select a course of action most appropriate for the particular situation. While many matters are best settled in mediation or other alternative dispute resolution forums, our clients do not feel pressured to settle to avoid trial.

We leanly staff all our client engagements, but have the ability to pivot, with optimal flexibility, to increase or decrease the resources devoted to any particular matter. We also use sophisticated technology to more efficiently communicate with our clients and to manage and support their engagements.

Our Litigation Practice Group is comprised exclusively of seasoned practitioners from outstanding educational and professional backgrounds.  As a result, our clients can rely on receiving practical advice rather than on having their matters serve as a training ground for new lawyers.  We believe that a small, experienced group of litigators can outperform a larger group of attorneys and that our staffing is much more cost-effective for our clients.  Our track record of success against national law firms confirms our beliefs.

For more information about Lubin Olson's Litigation Practice Group, please contact Jonathan E. Sommer.