© 2008 Zelle Hofmann/ Not Certified by the Texas Board of Legal Specialization
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Business Litigation
Examples of Business Litigation Cases
ABA 2000, ABA Founders LLC, ABA Operations LLC v. Mizlou Television Network, Inc. (C.D. Cal.). Zelle Hofmann attorneys represented the professional basketball organization in a suit filed against an alleged independent television network for breach of contract and intentional interference with prospective business relationships. The case included allegations that Mizlou Television Network interfered with the ABA plaintiffs' negotiations for the national television broadcast of their playoff games. This case was settled favorably for our clients.
Anna Nicole Smith Case (Marshall v. Marshall) (C.D. Cal). Zelle Hofmann attorneys served as co-trial counsel for the actress and former Playmate of the Year in this tort and estate-related litigation involving her late husband. In this case, Ms. Smith alleged that her late husband had promised to make a monetary gift to her while he was alive. She further alleged that her former stepson took actions to prevent her from receiving this gift. After a several-week bench trial, co-trial counsel and Zelle Hofmann attorneys obtained a court decision awarding Anna Nicole Smith $88,585,534.66 in compensatory and punitive damages.
Weyerhaeuser Co. v. Thermogas Co., 620 N.W.2d 819 (Iowa). Zelle Hofmann attorneys represented Weyerhaeuser Co. in this action for negligence, strict liability, breach of contract and breach of express and implied warranties based upon allegation that a liquid petroleum fuel tank exploded prematurely. Weyerhaeuser asserted that the tank was defective, and that were it not defective, the tank would have withstood a fire at its facility for the three minutes it took the fire fighters to arrive on scene. Over Weyerhaeuser's objection, the trial court permitted the jury to consider Weyerhaeuser's comparative fault, and the jury found Weyerhaeuser 70% at fault for the damages it suffered. On appeal, the Iowa Supreme court reversed, agreeing with Weyerhaeuser that the district court erred in (1) directing a verdict for the tank distributor on Weyerhaeuser's claims of strict liability and breach of implied warranty of merchantability, (2) refusing to instruct the jury that the cause of the fire was legally irrelevant with respect to the negligence of Weyerhaeuser, and (3) refusing to give the jury a res ipsa loquitur instruction on Weyerhaeuser's negligence claim against the tank distributor.
Intentional interference with economic relationships, misappropriation of trade secrets and unfair business practices (N.D. Cal.). In this action, Zelle Hofmann attorneys represented the plaintiff, a high-tech Israeli company, which brought claims against a leading company in the semiconductor industry for intentional interference with business relationships, misappropriation of trade secrets, tortious breach of confidence, common law misappropriation and unfair competition. The action involved a new technology developed by the plaintiff to enhance the performance of chip-fabricating machines called steppers. The plaintiff alleged that the defendant stole its trade secrets to develop a competing technology and interfered with its existing and prospective customers. The defendant cross-complained for copyright infringement alleging that plaintiff's technology infringed on defendant's copyrighted software. The plaintiff obtained summary judgment on defendant's cross-complaint. On the eve of trial, the case settled.
Business tort, breach of contract, unfair competition action (N.D.Cal., Cal. Super. Ct., San Francisco Cty., Cal. Super. Ct., Contra Costa Cty.). Zelle Hofmann attorneys represent a corporate client in a number of cases involving claims for breach of fiduciary duties, fraud, fraudulent concealment, breach of contract, malicious prosecution, interference with prospective economic advantage, unfair competition and conspiracy to breach fiduciary duties. They are also defending the same client against claims by the defendant and other parties, which include allegations of unfair competition, private nuisance, interference with prospective economic advantage and business relations, and wrongful termination of employment.
Breach of contract, licensing agreement (N.D.Cal.). Zelle Hofmann attorneys represented a Silicon Valley company in a contractual dispute arising out of certain licensing agreements. This case was settled on terms favorable to our client.
Business tort and other claims arising out of sale of business (N.D.Cal. and American Arbitration Association, San Francisco, California). Zelle Hofmann attorneys represented a party in an arbitration proceeding and in a federal court proceeding involving disputes surrounding the sale of part of a business. The case includes allegations of fraud, negligent misrepresentation, breach of fiduciary duty and securities violations.
Chrysler Corporation v. Iacocca (Mich. Cir. Ct., Oakland Cty.); Iacocca v. Chrysler Corporation (Cal. Super. Ct., Los Angeles Cty.). Zelle Hofmann attorneys represented Chrysler Corporation in disputes concerning Lee Iacocca's alliance with Kirk Kerkorian in alleged corporate control matters, as they related to litigation concerning Mr. Iacocca's Chrysler stock options. Shortly after Zelle Hofmann attorneys succeeded in obtaining the dismissal of Mr. Iacocca's California action against Chrysler, the matter was settled.
Business tort, breach of contract, unfair competition action (Cal. Super. Ct., San Francisco Cty.). Zelle Hofmann attorneys represented a plaintiff food company in a complex action for breach of contract, fraud, negligence and interference with business relations. The plaintiff alleged that various defendants failed to promote its food products as required by certain contractual, fiduciary and other obligations, and that they interfered with ongoing and prospective business relationships of the plaintiff. The matter settled prior to trial.
Breach of contract - arbitration action (American Arbitration Association, Dallas, Tex.). Zelle Hofmann attorneys represented a party in a binding arbitration before a single arbitrator of the American Arbitration Association. This arbitration arose out of the sale of the stock of a company by our client and others to another company. The latter company sought to recover a portion of an escrow fund that was created pursuant to the stock purchase agreement.
Fiduciary duty claims (U.S. Bankr. E.D.N.Y.). Zelle Hofmann attorneys represented a former chief executive officer and directors of a company in this action against them for, among other claims, breach of fiduciary duty in connection with a leveraged buy-out.
Breach of contract, noncompetition clause action (M.D.Tenn.). Zelle Hofmann attorneys represented a manufacturer of sewing machines in a suit involving contractual disputes arising out of its purchase of defendant's business. A preliminary injunction was obtained concerning the parties' non-competition clauses. The case settled.
Trade secret theft, trade disparagement action (Ill. Cir. Ct., Cook Cty., N.D.Ill., 7th Cir., C.D.Cal.). Zelle Hofmann attorneys represented one of the top financial printers in various litigation involving competitors in the same business category. The disputes concerned allegations of stealing trade secrets and employees, as well as trade disparagement and other violations. Settlements were reached in all cases.
ERISA litigation (C.D.Cal. and 9th Cir.). This case involving issues of ERISA law, concerned the leveraged buyout of a corporation by a company ESOP and whether the persons who approved that transaction (which involved a consolidation of existing profit sharing plans) violated their fiduciary duties under ERISA.
© 2008 Zelle Hofmann/ Not Certified by the Texas Board of Legal Specialization
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