Todd’s experience includes:
- Representation of university health system as plaintiff in complex contractual and statutory writ proceeding filed against the local County, which was responsible for paying Todd’s client for the emergency medical services it had provided to the area’s indigent population. With Todd as lead trial counsel, Todd’s client prevailed decisively in the first two phases of a bench trial, which set the stage for the parties’ resolution of the matter on the eve of the next phase of trial, with the defendant agreeing to pay Todd’s client $98 million over 15 years with interest.
- Representation of university against federal false claims act allegations arising out of Department of Energy (“DOE”) and National Science Foundation (“NSF”) grants. After comprehensive submissions to the United States Attorney’s Office, the matter settled pre-filing.
- Representation of shareholders and directors of agricultural packer against breach of fiduciary duty claims brought by minority shareholder. As lead trial counsel, Todd secured a full defense verdict in a court trial, which was affirmed on appeal.
- Representation of small business owners in a lawsuit brought by a well-known aviator who alleged right of publicity and Lanham Act claims. As lead counsel, Todd obtained summary judgment and an award of attorney’s fees. Todd then successfully briefed and argued the appeal, with the Ninth Circuit issuing a published opinion affirming the decision and awarding further attorney’s fees.
- Representation of owner of life insurance sales business in dispute arising out of his formation of a business competing with his prior employer. Obtained preliminary injunction barring the prior employer/partner from enforcing a non-compete provision, allowing the client to get his new business underway.
- Representation of agricultural packer against claim for breach of contract. Complete defense victory in arbitration.
- Representation of out-of-state insurer against a Cease and Desist Order issued by the California Insurance Commissioner. Obtained a temporary restraining order and preliminary injunction barring enforcement of the order based on federal statutory preemption, after which the parties negotiated an amicable resolution.
- Representation of corporate executive and shareholder against allegations of trademark and trade dress infringement under the Lanham Act and breach of fiduciary duty. As second chair in a nine-week federal jury trial, Todd helped steer the case to an unexpectedly favorable verdict, after which time the parties were able to negotiate a global resolution of their sprawling dispute.
- Representation of business owners in a case arising out of a failed joint venture. Todd successfully resisted a motion seeking dismissal of his clients’ counterclaims alleging breach of contract, breach of fiduciary duty and fraud, with the matter subsequently settling in mediation.
- Representation of healthcare provider in false claims whistleblower action brought under the California Insurance Fraud Prevention Act (IFPA). Anticipated second chair for a jury trial where the plaintiffs were expected to seek hundreds of millions in alleged damages, Todd managed the case on a day-to-day basis, including supervision of multiple attorneys; management of a substantial e-discovery effort; depositions; strategic input, drafting and argument in law and motion proceedings; expert witness examination; and trial strategy and preparation.
David’s experience includes:
- Represented a national wireless communications provider in multi-state actions alleging failure to provide contracted services under state False Claims Acts; secured dismissals and/or favorable settlements in all cases.
- Represented health system on breach of contract and statutory writ claims asserted against the County of Sacramento seeking reimbursement for emergency medical services provided to the indigent population; developed contract construction theory that led to $98 million settlement.
- Represented a hospital system in a >$1 billion civil-penalty action pursued by the California Insurance Commissioner under the Insurance Frauds Prevention Act (Cal. Ins. Code §§ 1871 et seq.). Developed legal theories and strategies that helped reduce the client’s exposure and position the case for settlement.
- Represented a bank in a federal False Claims Act case brought by the California Attorney General involving the calculation and disclosure of foreign currency exchange rates.
- Represented a state-owned enterprise of the People’s Republic of China in an international arbitration proceeding relating to a wind energy investment; claimants initially sought $7 billion in damages.
- Defended city in dispute over validity, under California Constitution, of franchise fees in negotiated waste management franchise agreements.
- Represented a group of investors who were victims of a $100 million Ponzi scheme; successful assertion of constructive trust claim led to early priority recovery of proceeds.
- Represented D.J. Nelson Trust (Fruitridge Vista Water Company) in trial court and appellate litigation over the validity of the transfer of a punitive damage claim stemming from MTBE contamination of groundwater. The claim was transferred as part of a change in the form of ownership of the client’s business from a trust to a corporation. The Court of Appeal held that the transfer was not a prohibited assignment, because the punitive damage claim did not contain a personal tort element and because the corporate form was a mere continuation of the client’s business. J. Nelson v. ExxonMobil Corporation (2009) 179 Cal.App.4th 633 (review granted, then dismissed after settlement).
- Defended Zurich Insurance Company in subrogation/indemnity claim brought by Home Insurance Company. Home alleged that it had paid an underinsured motorist claim due to a misrepresentation of policy limits by the attorney for Zurich’s insured. Judgment of dismissal was affirmed by the Court of Appeal in Home Insurance Co. v. Zurich Insurance Co. (2002) 96 Cal. App. 4th 17.
- Defended insurance company in a multi-party commercial insurance bad faith jury trial. The plaintiffs alleged that the insurer failed to pay benefits under a builder’s risk policy; insurer cross-complained for fraud relating to monthly payments advanced for alleged economic losses. Defense verdict on plaintiff’s complaint and $1 million verdict for the insurer on cross-complaint, plus $550,000 in pre-judgment interest.