Silicon Valley Bank cases (C.D. Cal.)
In 2003 and 2004, Silicon Valley Bank, a subsidiary of publicly-traded SVB Financial Group (NASDAQ: SIVB), requested THE FURTH FIRM LLP to assist it as a plaintiff in a series of pending bad-faith insurance coverage cases against various insurance companies including AIG and AXA entities. These cases involved claims that the insurers improperly denied coverage under insurance policies that covered the bank’s loans to entities involved in the production of several motion pictures. These cases were resolved on confidential terms.
Business Tort, Breach of Contract, Unfair Competition Action (N.D. Cal., Cal. Super. Ct., San Francisco)
THE FURTH FIRM LLP represents the plaintiff in this case involving claims for breach of fiduciary duties, fraud, fraudulent concealment, breach of contract, interference with prospective economic advantage, unfair competition and conspiracy to breach fiduciary duties. The firm is 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 breach of contract.
Business Tort and Other Claims Arising out of Sale of Business (N.D. Cal. and American Arbitration Association, San Francisco, California)
THE FURTH FIRM LLP is defending 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.
Age Discrimination Litigation (Ariz. Super. Ct., Maricopa Cty. and D. Ariz.)
These related state and federal cases, in which THE FURTH FIRM LLP represented over 30 employees, involved the employees' claims of age discrimination in employment, arising out of reductions in the workforce conducted by the defendant.
Telecommunications Litigation (Texas Dist. Ct., Jefferson Cty.)
Utilizing its substantial telecommunications experience in local exchange market issues, THE FURTH FIRM LLP successfully settled a class action contract case in which it was co-lead counsel on behalf of a class of 57 Texas municipalities. The case involved enforcement of the cities' franchise ordinances providing for the payment of fees for the use of the streets.
Bankruptcy Court Proceedings (Bankr., M.D. Fla.)
THE FURTH FIRM LLP defended a party in an adversary proceeding in bankruptcy court involving claims for past due royalties under a trademark license agreement. The case settled during the pendency of the party's appeal from an adverse judgment following a week-long bench trial.
Business Tort, Breach of Contract, Unfair Competition Action (Cal. Super. Ct., San Francisco Cty.)
In this case, THE FURTH FIRM LLP 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.)
THE FURTH FIRM LLP 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.).
THE FURTH FIRM LLP 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.
Insurance Coverage Litigation (Cal. Super. Ct., Marin Cty.)
This action arose out of a claim for reimbursement by a plaintiff insurance company for sums paid under a directors and officers' liability policy in settlement of a securities-related class action. THE FURTH FIRM LLP represented the defendant, who obtained a declaration of coverage under the policy on summary judgment. The Ninth Circuit remanded, and the action was ultimately refiled in state court, where it settled.
Warner Bros., Inc. v. Sony Corp. (Cal. Super. Ct., Los Angeles Cty.)
This was a lawsuit arising from Sony Corp.'s purchase of Columbia Pictures and its hiring of Peter Guber and Jon Peters to run that studio. Warner Bros. claimed breach of a long-term agreement. THE FURTH FIRM LLP represented Messrs. Guber and Peters in this action. The case settled before any depositions occurred, with the clients free to become the chief executives of Columbia.
Breach of Contract, Noncompetition Clause Action (M.D.Tenn.)
THE FURTH FIRM LLP 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.)
THE FURTH FIRM LLP 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 RICO violations. The RICO causes of action filed by THE FURTH FIRM LLP survived motions to dismiss. Settlements were reached in all cases.
Business Tort and Breach of Contract Actions (Cal. Super. Ct., San Mateo, N.D. Cal. and 9th Cir.)
THE FURTH FIRM LLP represented a company that had been in the business of container shipping and sued other shipping firms for breach of contract, antitrust violations, and breach of fiduciary duties. The federal case involved complex issues of Federal Maritime Commission regulation and bankruptcy law. The state case raised federal preemption issues. It involved numerous appeals, including a seminal opinion by the California Supreme Court on choice of law issues.
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.
Unfair Trade Practices Actions (Cal. Super. Ct., Fresno Cty.)
THE FURTH FIRM LLP has represented one of the nation's largest producers of table wine, since the early 1980s in a variety of lawsuits. The resultant trials and appellate opinions dealt with many important issues of California law including the scope of the statute of frauds and its exceptions, interpretation of several key provisions of the Uniform Commercial Code, the right to restitutionary and injunctive relief under the state unfair trade practices act, and the use of collateral estoppel.