Internet, Technology and Intellectual Property Disputes

•Represented a leading Central Valley developer and manufacturer of premium commercial farming products in a patent infringement case against one of the largest distributors of farming products in the country. Despite being out-spent by a factor of 10:1 against a well-known global litigation firm, Micah obtained a highly favorable settlement for his client.

•Micah was part of a team of attorneys who successfully defended Amgen, Inc. in a multi-million dollar patent infringement case brought by rival Genentech, Inc.

•In a groundbreaking lawsuit against Microsoft, Micah helped Blue Mountain Arts, which essentially invented electronic greeting cards and became one of the top Internet sites in the world, win one of the few restraining orders on record against Microsoft. In response to novel claims for unfair competition and unlawful interference, the Court issued a restraining order that prevented Microsoft from releasing a new version of its Internet Explorer browser that interfered with Blue Mountain’s electronic greeting card business at the same time Microsoft was launching its own electronic greeting card site.

•In another landmark Internet case, Micah was co-counsel for Panavision in one of the first published decisions to apply the Federal Trademark Dilution Act to prevent “cybersquatting.” In Panavision v. Toeppen, 141 F.3d 1316 (9th Cir. 1998), the Ninth Circuit held that the Act prohibited defendant from using Panavision’s famous mark as an Internet domain name.

•Micah successfully represented eBay in a string of consumer complaints and internet privacy matters.

•Micah was lead counsel for an internationally known biopharmaceutical researcher who invented a novel therapeutic compound and then assigned his intellectual property rights in that compound to a global pharmaceutical company headquartered in India to develop and market the drug. The case was subject to arbitration before the London Court of International Arbitration, and Micah’s client sought significant monetary damages and the return of his intellectual property rights. The case presented complex issues of international arbitration, choice of law and conflicts of laws analysis applying the laws of the U.S., U.K, and India, in addition to analysis of the intellectual property rights and the viability of the compound. Micah secured a seven-figure settlement and the return of his client’s intellectual property rights.

•Micah successfully defended two tenured professors of business at the University of San Francisco against claims that their leading books on business management infringed copyrights owned by the plaintiff.

•Successfully defended a corporate catering company accused of misappropriation of a competitor’s trade secrets.

Entertainment, Commercial and Contract Disputes

•In a 3-week jury trial in the Los Angeles Superior Court, Micah won a unanimous jury verdict on behalf of a television and movie actor who sued his entertainment business manager for breach of contract and negligent financial advice.

•Micah is currently lead counsel in a case pending in Los Angeles against actor/director Michael Douglas for breach of contract, breach of fiduciary duty and willful interference with prospective economic advantage. The firm's client was Mr. Douglas' former business partner and is asserting claims that Mr. Douglas improperly divested plaintiff of his ownership rights in a film and entertainment company they owned.

•In a 4-week jury trial defending a construction company against claims for breach of contract, construction defect, fraud and elder abuse, Micah won unanimous defense verdicts. The jury also returned verdicts in favor of his client's counter-claims and awarded damages. The judgments were affirmed on appeal.

•Micah has litigated numerous post-merger or post-acquisition disputes representing both buyers and sellers in cases alleging breach of contract, breach of representations and warranties, fraud and related claims.

•Micah successfully defended a director of a large private technology company against claims by the company’s largest investor that the director breached his fiduciary obligations to the company’s shareholders.

•Micah has also represented numerous business owners, directors, investors and partners in various dissolution or management disputes and prosecuted multiple director and/or shareholder document inspection demands.

•As co-counsel, Micah helped Los Angeles Lakers coach and former player Brian Shaw prevail at trial against claims for breach of contract in a partnership investment dispute, even where other defendants were found liable.

Securities Matters

•In a widely-publicized securities fraud and breach of contract case, Micah secured a $23 million settlement on behalf of the selling shareholders of a private technology company who sold their company to Homestore.com, Inc., a public company and the world’s leading online real estate business, after discovering that Homestore.com had engaged in accounting fraud that artificially inflated the value of the stock paid to acquire the company.

•Defended a V.P. of Finance of a publicly-held software company in connection with an SEC investigation looking into potential revenue recognition irregularities at the company.

•Defended a securities brokerage firm against claims brought by one the country’s largest clearing firms that one of its agents had engaged in fraudulent trades.

•Recovered $4 million for a group of senior corporate managers of a publicly traded company whose stock options were deflated following disclosures of accounting fraud and artificial valuation of stock after their company was acquired.

•Represented private venture fund in securities fraud claims against a public web-based consumer auction site and recovered its investment funds.