● Settled an action brought by a well-known musician for trademark infringement.
● Offered a mediator’s proposal in an insurance coverage dispute that was settled on those terms in part due to the mediator following through for weeks after the mediation hearing was concluded.
● Negotiated the settlement of a breach of licensing agreement contract between a restaurant chain and a major food manufacturer.
● Arbitrated several franchise cases involving failure to pay royalties, assigned territories, claims arising under the California Franchise Investment Act and post-termination remedies.
● Settled an action arising from an agreement for the purchase and sale of a business with a cross-complaint for breach of the implied duty of good faith and fair dealing.
● Mediated a multi-party dispute under the Visual Artist Rights Act and the California Art Preservation Act arising from the destruction of a building mural.
● Resolved a suit for copyright infringement stemming from illegal file-swapping through a peer-to-peer network.
● Coaxed the parties in a rescission action regarding a search engine management contract to have the defendant agree to pay the settlement proceeds from money to come from a joint new enterprise.
● Crafted a complicated agreement for the dissolution of a replacement windows manufacturing business.
● Encouraged the parties to settle a contentious suit for trade dress infringement.
● Mediated an action brought against a former employee for breach of the duty of loyalty and the theft of customer lists and other alleged trade secrets.
● Resolved an intellectual property and fraud dispute between two church factions concerning the right to use and publish copyrighted works.
● Mediated numerous breach of contract suits.
● Prompted the parties to settle 3 weeks after the mediation conference a copyright action for infringement of a fabric pattern.
● Arbitrated a dispute for breach of confidentiality agreement and unfair competition.
● Settled a federal action for securities fraud.
● Resolved several bankruptcy cases by getting the debtor to agree to non-dischargeability usually with an agreed-upon work-out schedule.
● Served as a member of a three-member panel which arbitrated a multi-million dollar suit over the entitlement to patent royalties.
● Settled an action for foreclosure on a mechanic’s lien.
● Resolved a construction dispute involving a cross-action against a surety company.
● Chaired or been a member of a three member panel in 12 FINRA (formerly NASD Dispute Resolution) securities arbitrations resulting in published awards.
● Represented KFI and three other radio stations in defending preference actions brought in state court by the assignee of the assets of instifi.com. Arguing that the actions were preempted by federal bankruptcy law, the Superior Court’s dismissal of the actions effectively barred any further proceedings since the limitations periods in Bankruptcy Court had long since expired.
● Was the principal draftsman of the brief filed in opposition to the appeal by the manufacturer of Titleist® golf balls from the district court’s denial of its motion for a preliminary injunction to enjoin Nitro’s sale of refurbished golf balls bearing the appellant’s Titleist,© ProV1® and other trademarks and further allegedly infringing on its patents. Nitro Leisure Products, L.L.C. v. Acushnet Co., 341 F.3d 1356 (Fed. Cir. 2003).
● Involved in a number of matters, both as a defense attorney and as a mediator, relating to alleged sexual harassment or discriminatory conduct in violation of federal and state employment and civil rights laws.
● Filed amici curiae briefs on behalf of three manufacturers challenging city ordinances purporting to regulate or ban automatic water softeners. Water Quality Association v. City of Escondido, 53 Cal. App.4th 755, 61 Cal. Rptr. 2d 878 (1997); and Water Quality Association v. County of Santa Barbara, 44 Cal. App. 4th 732, 52 Cal. Rptr. 2d 184 (1996).
● Engaged in major cases involving the responsibility of potentially liable parties and insurance companies under CERCLA, the Hazardous Waste Control Law and other environmental laws for the remediation of hazardous waste sites, including Times Beach (Missouri), Stringfellow Acid Pits and Love Canal (New York).
● Effectively acted as in-house general counsel for a real estate company engaged in an action for wrongful termination of multiple asset management contracts and brokerage agreements. The suit ultimately ended in a multi-million judgment in the client’s favor.
● Prosecuted an appeal before the Colorado Supreme Court to review a judgment for malicious prosecution and other torts arising from the alleged wrongful recordation of a lis pendens. The appeal resulted in a reversal of the district court’s judgment and remand to that court for further proceedings. Westfield Development Co. v. Rifle Investment Associates, 786 P.2d 1112 (Colo. 1990).
● Handled a complaint in interpleader to determine whether a Cayman Islands corporation was the alter ego of an American taxpayer.
● Assisted in the briefing of a successful mandamus proceeding to vacate a contract awarded in violation of the competitive bidding procedures of the California Public Contract Code. Konica Business Machines U.S.A., Inc. v. Regents of the University of California, 206 Cal. App. 3d 449, 253 Cal. Rptr. 591 (1988).
● In a suit brought by former franchisees of Business Cards Tomorrow, obtained summary judgment in favor of an equipment manufacturer and the leasing corporation for alleged antitrust violations. Subsequently, he was the sole trial counsel in the counterclaim for delinquent lease payments. Murphy v. Business Cards Tomorrow, Inc., 854 F.2d 1202 (9th Cir. 1988).
● Served as the lead counsel in an action against the general partners of a New York limited partnership and their attorneys for failure to qualify securities in California and other violations of the securities laws. In that suit, obtained a discovery order compelling the issuer's attorneys to produce most of its attorney-client and work product documents. The law firm challenged that order all the way to the United States Supreme Court where the defendant unsuccessfully petitioned the Court for a writ of certiorari. Cadwalader, Wickersham & Taft v. United States District Court, 482 U.S. 931 (1987).
● While an associate at Donovan Leisure Newton & Irvine assisted the more senior attorneys in a wide variety of antitrust, securities, tax and other complex business lawsuits on behalf of Walt Disney Corporation, MCA, Inc. (Universal Pictures) and Mobil Oil Corporation.
For information and scheduling, please contact
Robert Merring at email@example.com or (714) 444-9922
Orange County Office
3489 Windsor Court Costa Mesa, California 92626