We are a full-service litigation firm, with an active practice in state and federal courts throughout California and the United States.

Featured Cases

Cases of Interest

Business Litigation and Civil Appeals, Real Property and Construction, and Title Insurance and Escrow

• We obtained an order sustaining demurrer without leave to amend and granting judgement on the pleadings, affirmed on appeal, in favor of a National Bank against complaint by property owners challenging the validity and enforceability of the Bank’s $35 million loan secured by a leasehold deed of trust.
• We successfully enforced a judicial reference provision contained in a $20 million construction loan agreement for a 67-unit mixed-use condominium project in San Francisco. O’Donoghue v. Superior Court (2013) 219 Cal.App.4^th 245, 161 CalRptr.3d 609.
• We successfully defended a title insurer against bad faith claims brought by an insured lender who failed to properly and timely provide notice of its claim.
• We successfully defended a lender’s deed of trust against the priority of a homeowner’s association claimed lien. Diamond Heights Village Ass’n, Inc. v. Financial Freedom Senior Funding Corp. (2011) 196 Cal.App.4th 290, 126 Cal.Rptr.3d 673.
• We successfully defended a title insurer against bad faith claims by an insured owner arising over the interpretation of the insured land in a CLTA Standard Coverage title policy. Havstad v. Fidelity National Title Ins. Co. (1997) 58 Cal.App.4th 654, 68 Cal.Rptr.2d 487.
• We successfully defended a title company against escrow claims arising out of the failure to timely record an uninsured document. Rooz v. Kimmel (1997) 55 Cal.App.4th 573, 64 Cal.Rptr.2d 177.
• Firm partner Jeffrey H. Lowenthal successfully defended a secured lender establishing that attorney’s fees are not recoverable against a lender in a mechanic’s lien action. Abbett Electric Corp. v. California Fed. Savings & Loan Assn. (1991) 230 Cal.App.3d 355, 281 Cal.Rptr. 362.
• Firm partner Jeffrey H. Lowenthal successfully represented a secured lender in establishing its standing to bring negligent construction claim against a condominium developer. Sumitomo Bank v. Taurus Developers, Inc. (1986) 185 Cal. App. 3d 211, 229 Cal. Rptr. 719.
• We successfully defended a national real estate services company in defense of a $4.5 million copyright infringement and breach of software license agreement action, obtaining a favorable settlement prior to trial.
• We successfully defended the general contractor in this multi-million dollar delay damage dispute arising from the spill of PCB contaminates.
• We successfully represented a general contractor in this South Bay condominium project payment dispute.
• We obtained a defense jury verdict in favor of real property sellers, against plaintiff buyer, which included substantial attorney’s fee award triggered by unaccepted section 998 settlement offer.
• We represented multiple lenders in a series of coordinated lawsuits arising from a loan stacking mortgage scheme where various borrowers closed simultaneous loans.  We were able to successfully negotiate settlements recognizing our clients’ equitable lien rights in all but  one case, which was tried to a successful judgment.
• We obtained a jury verdict in favor of title insurer in subrogation action arising from real property ownership dispute.
• We obtained an arbitration award in favor of a grocer against a general contractor’s claim for lost profits based on the grocer’s alleged termination of an AIA contract on the basis of convenience.
• We successfully defended a commercial property owner against the neighboring owner’s  attempt to invalidate easement rights, obtaining a favorable judgment and substantial attorney’s fees award after trial.
• We successfully represented the landlord in a commercial lease dispute where the tenants sought to impose repair and maintenance obligations upon the landlord for which the tenant was found responsible.
• We represented the acquirer of a 67-unit mixed-use San Francisco condominium project against the developer and various contractors for defective construction and obtained a multi-million dollar settlement.
• We obtained a favorable settlement on behalf of the purchasers of a Pacific Heights home against the seller/developer and listing broker in pursuing claims for misrepresentation, non-disclosure and defective construction.
• We obtained summary judgment on behalf of a title insurer against a $4 million title policy claim arising from the encroachment of certain buildings in Union Square upon the Central Subway in San Francisco.

Class Action Litigation

• Grace v. Apple, Inc. (N.D. Cal.)
  One of four firms representing plaintiffs in an unfair competition case against Apple for causing FaceTime to stop working on certain iPhone products.
• In re: Aluminum Warehousing Antitrust Litigation (S.D.N.Y.)
  One of four firms representing corporate opt out companies in an antitrust case involving alleged manipulation of aluminum markets.
• In re: Anthem, Inc. Data Breach Litigation (N.D. Cal.)
  Representing plaintiffs in data breach case.
• In re: Broiler Chicken Antitrust Litigation (N.D. Ill.)
  Represents direct purchaser plaintiffs in an antitrust case against the leading suppliers of broiler chickens sold in the United States.
• In re: ConAgra Foods, Inc. (C.D. Cal.)
  Represents consumer plaintiffs in a false advertising case challenging ConAgra’s marketing of Wesson oil products as “100% natural.” The district court’s order certifying an 11-state class was affirmed by the Ninth Circuit. Briseno v. ConAgra Foods, Inc., 844 F.3d 1121 (9^th Cir. 2017).
• In re: Disposable Contact Lenses Antitrust Litigation (M.D. Fl.)
  Representing plaintiffs in antitrust case.
• In re: Dynamic Random Access Memory (DRAM) Antitrust Litigation (N.D. Cal.)
  Member of executive committee; represented indirect purchaser plaintiffs and achieved a settlement of $310 million.
• In re: Foreign Exchange Benchmark Rates Antitrust Litigation (S.D.N.Y.)
  Representing a putative class in an antitrust case challenging price fixing in foreign exchange markets; more than $2 billion in partial settlements approved.
• In re: Fresh and Process Potatoes Antitrust Litigation (D. Idaho)
  Member of executive committee; represented direct purchaser businesses in antitrust case; worked with lead counsel to secure an $18.5 million settlement and injunctive relief valued at over $1 billion.
• In re: Generic Digoxin and Doxycycline Antitrust Litigation (E.D. Pa.)
  Representing a class of end-payers alleging generic drug manufacturers and marketers conspired to unlawful inflate the price of critical medications.
• In re: International Air Transportation Surcharge Antitrust Litigation (N.D. Cal.) and In re: Transpacific Passenger Air Transportation Antitrust Litigation (N.D. Cal.)
  Member of executive committee representing putative class of ticket purchasers against major airline carriers.
• In re: Lithium Ion Batteries Antitrust Litigation (N.D. Cal.)
  Representing the direct purchaser corporate plaintiffs in an antitrust case against manufacturers of lithium ion batteries.
• In re: NCAA Student/Athlete Concussion Injury Litigation – Single Sport/Single School (Football) (N.D. Ill.)
  Member of Plaintiffs’ Steering Committee in class action case against the NCAA and member schools seeking damages for personal injuries caused by concussions.
• In re: Optical Disk Drive Products Antitrust Litigation (N.D. Cal.)
  Representing direct purchaser plaintiffs in antitrust case against manufacturers of optical disk drive products.
• In re: Packaged Seafood Products Antitrust Litigation (S.D. Cal.)
  Representing corporate direct purchaser plaintiffs in antitrust case.
• In re: Parking Heaters Antitrust Litigation (E.D.N.Y.)
  One of three firms representing direct purchaser plaintiff in antitrust case.
• In re: Processed Egg Products Antitrust Litigation (E.D. Pa.)
  Representing egg purchasers in an antitrust case against egg producers and distributors and obtained nearly $60 million in settlements to date and secured class certification.
• In re: Resistors Antitrust Litigation (N.D. Cal.)
  Representing indirect purchaser plaintiffs in antitrust case against manufacturers of resistors.
• In re: TMI Limited Partnership Litigation (Orange County Sup. Ct.)
  One of two firms who represented thousands of school teachers in a real estate fraud/breach of fiduciary duty class action against general partners and Big 5 accounting firm; case settled on eve of trial.
• In re: Visa/Mastercard Currency Conversion Litigation (S.D.N.Y.)
  (represented class of plaintiffs in MDL antitrust/Truth In Lending Act action arising from imposition of foreign currency conversion fees by Visa, MasterCard, and banks; settled for $336 million in 2006).
• Mayor and City Counsel of Baltimore, Maryland v. Citigroup, Inc., et al. (S.D.N.Y.)
  One of three firms who represented purchasers of auction rate securities in a putative antitrust class action; argued appeal in Second Circuit Court of Appeal.
• Sidibe, et al. vs. Sutter Health, et al. (N.D. Cal.)
  One of four firms representing putative class of consumers of hospital/ medical services in tying case; Ninth Circuit overturned district court’s order granting motion to dismiss.