Farouk Systems Inc. v. Costco Wholesale Corporation
Represented Farouk Systems, manufacturer of the popular CHI hair care products, in an action against Costco concerning the sale of counterfeit products. After a seven day trial, the jury determined that Costco had sold a counterfeit CHI hair iron. The jury also awarded Farouk Systems the maximum statutory damages for non-willful trademark infringement under the Lanham Act. After the jury award, the court entered a permanent injunction prohibiting Costco from selling counterfeit CHI hair irons.
In re Franklin Bank Corp. Securities LitigationRepresented the former Chief Financial Officer of Franklin Bank Corporation, Russell McCann, in two class action securities lawsuits that were filed following Franklin Bank’s failure and bankruptcy in 2008. In March 2011, the court granted our client’s motion to dismiss in both lawsuits. The ruling dismissed all of Plaintiffs' claims, with prejudice, and a final judgment was entered.
Mosh Holding, L.P. v. Pioneer Natural Resources Co.
Represented Defendant Pioneer Natural Resources in a complex oil & gas case brought on behalf of a royalty trust. Plaintiffs were seeking hundreds of millions of dollars in damages. The case was resolved on satisfactory terms shortly before trial.
Emlen Investments v. Merrill Lynch Investment Managers, L.P.
Represented Merrill Lynch in an arbitration in which the claimant was seeking in excess of $8 million in damages. The arbitration panel ruled in Merrill Lynch’s favor, entering a defense award on all claims.
Phoenix Network Technologies v. NEON Systems, Inc.
Represented NEON Systems in a lawsuit in which the Plaintiff alleged tortious interference and unfair competition with a software licensing agreement. Obtained complete dismissal of the Plaintiff’s claims in the trial court, and the dismissal judgment was upheld on appeal.
Dmac Construction v. Surfside Interests, L.L.C.
Represented Plaintiff Dmac Construction in a construction dispute. Defendant was seeking over $1 million on its counterclaims. The arbitrator awarded $640,000 to Dmac and ruled that Surfside take nothing on its counterclaims.
BMC Software, Inc. v. NetIQ Corporation
Represented NetIQ in a case in which BMC Software claimed two of NetIQ's major products infringed two patents owned by BMC. BMC sought over $150 million in damages. The case was resolved on satisfactory terms one week before the arbitration hearing.