Representative Matters

Appellate Litigation

• Represented a telecommunications provider as the real-party-in-interest before the California Court of Appeal and the California Supreme Court in challenges to the CPUC’s decisions approving funding for the provider’s installation of high-speed internet services in rural California.
• Represented a public water district before the California Court of Appeal and the California Supreme Court in defending a challenge to environmental review for its participation in a water supply project approved by the California Public Utilities Commission, involving discretionary writ proceedings.
• Represented a group of small rural telephone companies before the California Court of Appeal as amici curiae, concerning the CPUC’s decisions related to a funding program for small independent telephone carriers.
• Represented a transportation industry group before the California Court of Appeal and the California Supreme Court in challenges to the CPUC’s Transportation Network Company (TNC) decisions, including an original CEQA petition to the California Supreme Court.

Bankruptcy & Insolvency

• Represented leading music industry company as a creditor in bankruptcy cases, including Open Road, Relativity Media and Global Eagle Entertainment Chapter 11 cases, regarding intellectual property rights in connection with contract assumption.
• Represented food technology company that was severely affected by COVID-19 pandemic and forced to shut down operations in wind down and dissolution.
• Represented buyer of intellectual property and other personal property collateral, in private foreclosure sale and related bankruptcy court litigation.
• Represented online mortgage lender in dissolution and wind down of its operations and negotiation of liquidation with its lender. The matter involved in excess of $300 million.
• Represented several creditors in the Lehman Brothers Chapter 11 case with respect to claims relating to ISDA and SWAP agreements, and assisted clients with the sales of their claims.
• Represented regional bank and largest secured creditor in bankruptcy of major real estate developer involving more than 200 parcels of real property in Sonoma and Napa counties.
• Represented one of the largest creditors in the multi-national insolvencies of Trigem, Inc. and its affiliates. Trigem manufactured personal computers for many nationally known brands. The client served on the creditors’ committees in the United States and Korea.
• Represented several guarantors in connection with the restructuring of over $450 million in securitized loans relating to over 200 apartment buildings in San Francisco held by over 30 limited partnerships. This matter involved senior debt, junior debt, the bankruptcy of certain entities, foreclosures on certain real property, restructuring of debt, as well as litigation in state and federal courts.
• Represented the largest unsecured creditor and chair of the creditors’ committee in a Chapter 11 bankruptcy of a national consumer-electronics retail chain. Negotiated a favorable settlement that provided for the allowance of the international technology company’s claims and a release of potential liability.
• Represented major multinational information technology company in Eastman Kodak Bankruptcy regarding patent rights and assumption of intellectual property license issues.

Civil Litigation

• Represented a software developer in pursuing cessation of unfair business practices and settling the claims outside of litigation.
• Represented a public water district before the California Superior Court, the California Court of Appeal and the California Supreme Court in a complex California Environmental Quality Act (CEQA) challenge to a water supply project.
• Defended client and officers against civil racketeering allegations, obtaining a settlement for dismissal of all claims within three months of filing.
• Represented a major California electric public utility in multiple lawsuits in the U.S. Court of Federal Claims and the Los Angeles County Superior Court seeking billions of dollars in damages against the United States, several Cities, and multiple municipal utilities for overcharges in wholesale electric power sales to California public utilities made during the California Energy Crisis of 2000-2001.
• Represented a public water district in litigation of claims related to jurisdiction and validation of public agency actions and related claims for damages.

Commercial Transactions

• Representation of hospitality property owners in negotiating and drafting of third-party vendor contracts for supplies and services.
• Representation of property owners in lease and license agreements for rooftop antennae, cell towers, and telecommunications and solar installations.
• Landlord representations in leasing of office, retail, and industrial spaces.
• Representation of lender in $110 million loan secured by downtown Seattle office tower, and $30 million loan secured by upscale hotel properties in New York and San Francisco.
• Representation of lender/collateral agent in $160 million syndicated loan secured by Chicago apartment building.
• Representation of lender in origination of multi-property portfolio loans, including $240 million acquisition loan secured by over 50 drugstore property sites located in 27 states, and $70 million loan secured by 63 restaurant properties located in 15 states.
• Representation of lender in origination of homebuilder loans for development and construction of residential projects, including $40 million loan for residential project in San Francisco Bay Area, and $22 million loan for development of residential neighborhood in Southern California.
• Represented landlord in connection with secured guaranty of tenancy and major San Francisco building development project.
• Represented lenders, as agents, in numerous senior-secured syndicated financing transactions with credit facilities ranging from $5 million to $100 million. The financings included a combination of term loans and revolving loans as part of front-end transactions and complex restructurings. The transactions involved a variety of collateral, including basic hard-asset collateral, intellectual property collateral, agricultural collateral and collateral located internationally. Many of the deal structures required addressing intercreditor and stockholder issues, with deals often including numerous guarantors, domestic and international.
• Represented major manufacturing company and developed equipment lease finance programs with third-party banks to assist the company and its customers with financing transactions.

Regulatory Litigation

• Represented the prevailing complainant in an adjudicatory proceeding against a regulated public utility before the California Public Utilities Commission.
• Represented 19 defendants, including an agricultural corporation’s sole shareholder and president, in a state administrative proceeding before the California Agricultural Labor Relations Board defending against allegations of derivative liability and alter ego.
• Represented a public water district in multiple complex proceedings before the CPUC concerning a regulated public utility’s successive water supply project proposals including several weeks of evidentiary hearings and extensive briefing on preliminary issues of preemption and jurisdiction as well as applications for settlement, project approvals and rehearing.
• Represented a regulated public utility in an investigatory proceeding before the California Public Utilities Commission, obtaining a decision dismissing all allegations against the utility.
• Represented an agricultural company in a complaint before the CPUC regarding the company’s private railroad crossing, reaching a favorable settlement within six months of filing.
• The firm was separately retained by three large California public utilities to provide professional responsibility training for hundreds of company officers, executives, attorneys, and other practitioners concerning compliance with the rules and ethical requirements of the California Public Utilities Commission applicable to transacting business with the Commission.