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California Trial Advocacy 2013


Speaker(s): Arturo J. González, Brendan P. Glackin, Cynthia McGuinn, David H. Weinberg, Donald W. Carlson, G. Christopher Ritter, Honorable James Donato, I. Neel Chatterjee, James J. Brosnahan, Jennifer L. Keller, Jon S Tigar, Michael J. Pérez, Nanci L. Clarence, Rachel Krevans, Robert J. Romero, Robert S. Arns, Stuart Gasner, Thomas J. Brandi, Wilma J. Gray
Recorded on: Aug. 7, 2013
PLI Program #: 43392

David Weinberg is the founder and President of JuryScope.  Mr. Weinberg has more than 25 years of trial consulting experience involving both civil and criminal cases throughout the United States.  He was President of the trial consulting group at Litigation Sciences (LSI) and a co-founder and President of Dispute Dynamics (DDI) before establishing JuryScope.  He has been based in New York, Los Angeles and San Francisco.

Mr. Weinberg has extensive trial consulting expertise in cases involving:

Intellectual Property      

Class Actions      

Antitrust

Contracts

Insurance

Securities 

Criminal Defense
Employment
Product Liability

Mr. Weinberg has worked on numerous high-profile cases.  Among the cases he has received permission to discuss are: City of Hope v. Genentech; Stac Electronics v. Microsoft; Continental and Northwest Airlines v. American Airlines; DuPont v. Cetus; the JDSU Securities Litigation, Occidental Petroleum v. Lloyd’s of London, Compuware v. IBM, DTB v. ATP, Oracle v. SAP and United States v. William J. Ruehle and Rambus v. Micron/Hynix.

Mr. Weinberg has lectured extensively on the specifics of litigation consulting.  He has spoken on programs sponsored by the American Bar Association, State Bar of California, State Bar of Oregon, State Bar of New York, State Bar of New Jersey, Federal Bar Council, Practicing Legal Institute, Continuing Education of the Bar (CEB), American Pharmaceutical Manufacturers Association, as well as numerous local bar associations and law firms.  A number of Mr. Weinberg’s clients are foreign corporations; he has had considerable success preparing witnesses from other cultures to testify in U.S. courts.

Mr. Weinberg holds a Bachelor of Arts with Distinction in Economics and a Master of Business Administration in Marketing, both from the University of Rochester.  He had 17 years of corporate experience with PepsiCo and Revlon before entering the trial consulting field.  Mr. Weinberg resides in Hawaii.



Thomas J. Brandi has tried cases to verdict in 17 jurisdictions and has obtained numerous jury verdicts ranging from $1 million to $1 billion.  A lawyer for more than 30 years, in 1993 Brandi started his own firm, The Brandi Law Firm, representing plaintiffs in serious injury and mass tort cases.  He was Consumer Attorneys of California Trial Lawyer of the year in 2004 (also nominated in 2002 and 2012), a four time nominee for Trial Lawyer of the Year for the San Francisco Trial Lawyers Association, and Best Lawyers' 2013 Lawyer of the Year in San Francisco for personal Injury.  Brandi has been included in Best Lawyers in America since 1994 and in the top 100 attorney rankings of Super Lawyers since 2004 and in the Top Ten for 2013.  He is past president of the Consumer Attorneys of California and the San Francisco Trial Lawyers, a member of the International Academy of Trial Lawyers, American College of Trial Lawyers, American Board of Trial Advocates, and Litigation Counsel of America.  He is an adjunct Professor at the University of San Francisco Law School and was named USF School of Law Alumnus of the Year in 2009 and Adjunct Professor of the Year in 2010.


Wilma J. Gray

McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP
Partner since 2005.

A trial attorney in a defense practice which covers a variety of areas, including personal injury, construction injury, sports injury, product liability and lawsuits involving commercial lease or real estate agreements. 

Memberships:

  • State Bar of California
  • American Bar Association
  • Contra Costa County Bar Association
  • Association of Defense Counsel of Northern California
  • International Society of Barristers
  • American Board of Trial Advocates (ABOTA) and National Representative for the San Francisco Chapter of ABOTA


Cynthia McGuinn has represented plaintiffs in catastrophic injury, wrongful death, product liability, professional negligence and employment matters for over 30 years.  She specializes in jury trial work and is often asked to consult with attorneys who have matters going to trial or to try cases for other attorneys who have worked up complex cases that cannot be resolved.  A number of her cases have resulted in jury verdicts in excess of $10,000,000.00.

McGuinn is a partner in the San Francisco based firm of Rouda, Feder, Tietjen & McGuinn which represents injured workers and consumers in catastrophic personal injury matters.

Cynthia was honored as the 2003 Trial Lawyer of the Year by the San Francisco Trial Lawyers Association and has been recognized annually as one of the “Top 50 Woman Litigators” in California since 2005.  In 2011 she was the recipient of the American Board of Trial Advocates Masters in Trial Award for her work in teaching trial skills to attorneys.  In addition to being the first woman president of the San Francisco Chapter of the American Board of Trial Advocates, Cynthia is a Fellow of the following “by invitation only” organizations:  International Society of Barristers, American College of Trial Lawyers and International Academy of Trial Lawyers (the latter, limited to 600 members worldwide.) 
 
While maintaining an active litigation practice, she also writes, lectures and teaches at law schools on the subject of trial advocacy, participates in Masters in Trial demonstrations throughout the United States and acts as a judge for Moot Court Competitions at Bay Area law schools. 


Arturo González is chair of Morrison & Foerster’s Commercial Litigation and Trial Practice Group and past co-chair of the Litigation Department.  He is a Fellow with the American College of Trial Lawyers, an associate with the American Board of Trial Advocates, and a Fellow with the International Academy of Trial Lawyers.  He specializes in high-stakes, bet-the-company litigation.

Mr. González has successfully defended three trials where plaintiffs sought over $1 billion, including a trade secrets case on behalf of Cypress Semiconductor.  He also represented a bank in a class action trial.  The bank prevailed on all claims but one and the California Supreme Court ruled in favor of the bank on that claim.  His third billion-dollar case was a defense verdict for a member of the Oakland-Alameda County Coliseum board of directors, sued for fraud by the Oakland Raiders.

Mr. González has also won four verdicts in excess of $10 million:  a $36.3 million verdict involving medical robotics, where the jury found that the defendant willfully misappropriated trade secrets and breached two contracts; a $10.8 million jury verdict in a breach-of-duty and trade secrets case, including a finding that multiple defendants acted willfully; a $60 million verdict in a wrongful death trial; and a $12.5 million verdict in a civil rights trial.

Judges have praised Mr. González’s trial skills: “the trial advocacy skills were superior.”  Another judge described his trial skills as “phenomenal.”

Mr. González has been consistently recognized by his peers and in legal publications.  He was honored in The National Law Journal’s 2009 “Winning” Special Report, which recognizes 10 of the country’s top trial lawyers.  From 2010 – 2014, he was selected as one of the country’s top 30 trial lawyers by Legal 500 US, which described Mr. González as “[i]ncredibly impressive on his feet, great storyteller to the judge and jury, highly experienced,” and a “great leader.”  Chambers USA recommended Mr. González as a general commercial litigator 2010 – 2014, noting that he is “[a] great advocate who quickly establishes a rapport with judges and juries.”

Mr. González served as the 2010 President of the Bar Association of San Francisco.

Education

University of California, Davis (A.B., 1982); Harvard Law School (J.D., 1985)

Speaking Engagements

  • Program Chair, “California Trial Advocacy,” PLI, August 5, 2015, San Francisco
  • “Masters in Trial, Examination of Experts,” ABOTA, June 4, 2015, San Francisco
  • “Bet the Company Litigation,” ACC Annual Meeting, 10/30/2014, New Orleans
  • Program Chair, “California Trial Advocacy,” PLI, July 31, 2014, San Francisco
  • “Masters in Trial, Examination of Experts,” ABOTA, 10/24/13, San Francisco
  • “How to Change Your Style at Trial,” ABA Litigation Section, April 25, 2013, Chicago
  • “Motions During and After Trial,” CEB, May 13, 2011, San Francisco
  • “Strategies for Winning Trade Secrets Cases,” November 4, 2010, San Jose
  • “Masters in Trial: Opening Statements,” ABOTA, October 1, 2010, San Francisco
  • “Inside the Mind of the Juror, Tips for Jury Selection,” HNBA, 10/3/2009, Albuquerque


Donald W. Carlson is the Senior Founding Partner of Carlson, Calladine & Peterson LLP.

Mr. Carlson is a Fellow in the American College of Trial Lawyers; a Fellow in the International Academy of Trial Lawyers (IATL), a Fellow in the International Society of Barristers, and is also a member of the American Board of Trial Advocates (ABOTA), the four most prestigious invitation only organizations which recognize plaintiff and defense attorneys who have successfully tried numerous jury cases while demonstrating excellence and professionalism.  Mr. Carlson also is the current Northern California State Chair of the IATL and past President of San Francisco Chapter of ABOTA.  As well as authoring numerous articles on trial procedure and trial tactics, he is often asked to teach trial skills to the legal community and civility classes to law students.


Education

University of Michigan Law School, J.D., 1981
Dartmouth, B.A., summa cum laude, 1976

Prior Experience

Assistant United States Attorney, District of Hawaii
Williams & Connolly, Washington, DC

Clerkships

Hon. Roger Robb
U.S. Court of Appeals for the District of Columbia Circuit, 1981-1982

Overview

Stuart Gasner centers his practice in the areas of white collar criminal and securities defense, intellectual property litigation and complex corporate disputes.  A federal prosecutor before joining Keker & Van Nest, Mr. Gasner has tried more than 20 cases to verdict before juries across the United States.

In the field of white collar crime and fraud, Mr. Gasner has 30 years of experience handling criminal trials and investigations, as well as related civil litigation.  His cases have spanned a wide range of subject areas, including securities fraud, banking-related crimes, economic espionage, tax shelters, mortgage-backed securities, accounting and revenue recognition fraud, insider trading, antitrust (including international cartels), industrial accidents, fire marshal investigations, computer crimes such as hacking, bribery, credit card fraud, mail and wire fraud, environmental crimes, conspiracy, and Food and Drug Administration crimes.

In the intellectual property arena, Mr. Gasner has represented many well-known corporations in patent and trade secret litigation, including Intel, TSMC, Hyperion Therapeutics, Corus Pharma, ASM, Harris Corporation, Network Appliance, the Industrial Technical Research Institute of Taiwan, Sportvision, and Tahoe Networks.  These cases have involved electronics technologies ranging from integrated circuit design and architecture, to semiconductor fabrication equipment, telecommunications, networking, and video graphics, as well as biotechnology topics such as small molecule drug discovery tools, cystic fibrosis, diabetes and regenerative medicine.

With respect to complex corporate litigation and disputes, Mr. Gasner's practice has encompassed a myriad of subject matters.  Many have involved the representation of law firms, investment partnerships, venture capital firms and their portfolio companies, advertising agencies, and biotechnology companies.


Jennifer Keller is one of California's premier trial lawyers. She has tried over 150 cases to jury verdict, ranging from complex civil matters - including business and intellectual property cases - to white collar to murder. She has received innumerable awards for excellence as a trial lawyer and excels at "bet the company" litigation.

Jennifer made a last-minute entrance as lead counsel for MGA Entertainment in the 2011 retrial of Mattel v. MGA, the epic doll battle popularly known as "Barbie v. Bratz." Coming into the four-month jury trial just twelve days before jury selection, Jennifer captained MGA to a win Reuters called "an astonishing loss" for Mattel and the L.A. Times deemed "a stunning reversal of fortune" for MGA.  The jury found Mattel had no rights to the Bratz doll line and awarded MGA $85 million in damages for theft of its own trade secrets, to which the judge added $85 million in punitive damages. (While the damages judgment was reversed on appeal, MGA's $139 million attorneys' fee award stands.)

Just two years earlier Jennifer won California's largest business jury verdict that year with $350 million awarded to her venture capitalist client in Auerbach v. Daily. Currently she represents Standard & Poors in United States v. McGraw-Hill Companies, the government's civil suit claiming S&P inflated the value of certain mortgage-backed securities.

Jennifer is listed annually in "The Best Lawyers in America®" and is among the Lawdragon 500 Leading Lawyers in America. In 2012, California Lawyer Magazine named her a "California Attorney of the Year" for extraordinary achievements in litigation. She appears routinely in the Los Angeles Daily Journal as one of California's Top 100 Lawyers. She is the only person ever to be named by the Orange County Trial Lawyers Association as Business Litigation Trial Lawyer of the Year (in 2010) and as Criminal Defense Trial Lawyer of the year (in 2000).  Jennifer is a fellow of the Litigation Counsel of America, an invitation-only organization limited to the top one-half of one percent of the nation's attorneys.

Jennifer is also active in the community. She is the former President of the Orange County Bar Association and serves as a Trustee of Chapman University.  She counts as present and former clients a number of judges, public officials, law enforcement officers, CEOs, CFOs, lawyers, physicians, professional athletes, venture capitalists and entrepreneurs.


Michael J. Pérez is a trial lawyer who has amassed more than 40 civil trials and more than 40 criminal jury trials without a loss.  His practice focuses primarily on complex business litigation and class action litigation in the areas of intellectual property, Section 17200 claims and employment law.  As lead counsel, Mr. Pérez has successfully tried to verdict jury trials in the areas of trademark infringement, real estate investment loan class actions, employment-related matters, and Section 1983 actions on behalf of several municipalities.

In 2007, in only his second plaintiff’s jury trial, Mr. Pérez obtained an $188,000,000 jury verdict for his client in what is believed to be the largest defamation verdict in history. In that case, a Brooklyn jury in the Eastern District of New York awarded Mexican businessman Jose Ramiro Cantu of Mexico City, Mexico, $188,000,000 to compensate Mr. Cantu for damages he suffered as a result of defamatory statements made about him by Texas businessman Billy Flanigan.  The jury awarded $38,000,000 in economic damages and $150,000,000 in non-economic damages.

In 2014, Mr. Pérez obtained a jury verdict in excess of one billion dollars against the Petroleum Workers Union of the Republic of Mexico (an affiliate of PEMEX). After a long and contentious trial, a Houston jury found in favor of Arriba Limited, a company formed in 1984 by two Texas oilmen, when it concluded that a 1984 contract for the purchase of residual oil for refining in the U.S. was fully enforceable, and further determined that a 2004 settlement agreement between Arriba Limited and the Petroleum Workers Union was valid and enforceable. In reaching a decision, the jury was primarily tasked with determining if the individuals who signed each agreement on behalf of the Union had authority to do so. The jury concluded that the individuals did indeed have the authority to bind the Union.

Prior to establishing Pérez Vaughn & Feasby, Mr. Pérez was a partner in the business litigation practice group of San Diego’s oldest and largest law firm.  Mr. Pérez is also a former Counsel to U.S. Attorney General Janet Reno and then U.S. Deputy Attorney General Eric H. Holder, Jr.  Prior to working in Washington, D.C., Mr. Pérez served as General Counsel to the U.S. Embassy in Mexico City for three years. He is a former Assistant United States Attorney for the Southern District of California where he conducted numerous grand jury investigations and indictments, international financial investigations, and public corruption and drug trafficking trials and appeals.

As a native San Diegan and active member of the community, Mr. Pérez serves on numerous non-profit boards including the MLK, Jr. All People’s Breakfast Committee, the UCSD Hispanic Scholarship Council, and Volunteers in Parole, Inc.  He is also a Master in the William B. Enright Inn of Court.

Mr. Pérez is a former member of the Stanford University Board of Trustees, and past President of the California La Raza Lawyers Association.  Mr. Pérez earned his JD from the UCLA School of Law in 1990, and began his legal career at Brobeck, Phleger & Harrison LLP where he spent five years specializing in intellectual property litigation.  Mr. Pérez graduated from Stanford University in 1987 with a double major in Biology and Psychology, with dual honors.


Nanci L. Clarence is a founding partner of Clarence Dyer & Cohen LLP in San Francisco where she specializes in the defense of white-collar criminal investigations and prosecutions, including securities, antitrust, trade secret, banking and other business and environmental crimes as well as civil litigation and internal investigations.  She is also a member of the Criminal Justice Act panel, and represents indigent criminal defendants in trial and capital habeas corpus matters.

Ms. Clarence is a Fellow of the American College of Trial Lawyers and is the immediate past chair of the Federal Criminal Procedure Committee.  Currently, she is Vice Chair of the United States Sentencing Commission Practitioner's Advisory Group.  Ms. Clarence is past President of the Bar Association of San Francisco and has been named was named as one of the “Top 75 Women Litigators” in California by the Los Angeles Daily Journal.  Chambers USA has described Ms. Clarence as “extremely clever and dynamic” as well as “a great advocate for her clients” and a “go-to lawyer’ in the Bay Area.”  Before founding her firm, Ms. Clarence was a litigation associate at Morrison & Foerster in San Francisco and an Assistant Federal Public Defender in the Northern District of California.


Neel Chatterjee

Primary Areas of Practice
 Patent, Trade Secret, and  Internet Litigation

Law School  J.D., Vanderbilt University
Graduate School  Law School, 1994

Work History  Joined Orrick in 1997

Professional Memberships

State Bar of California; Bar Association of San Francisco, Past Board Member; Intellectual Property Inns of Court; Law Foundation of Silicon Valley, Former President; California Bar Foundation, Past Board Member. 


Promoting Fair Competition in Technology Markets

A dedicated antitrust and securities fraud litigator, Brendan P. Glackin possesses a wealth of litigation and trial experience.

Brendan’s successful cases at Lieff Cabraser include, most recently, the High-Tech Employees class action alleging that major Silicon Valley firms colluded to reduce competition for workers. Brendan successfully argued for certification of a class of over 64,000 employees of seven different companies; after vigorous litigation the High-Tech team recovered a total of $435 million, the largest recovery ever in an employee class action against private employers.

In 2013, Brendan represented direct purchasers of titanium dioxide in a nationwide antitrust class action lawsuit. The complaint alleged that defendants coordinated increases in the prices for titanium dioxide despite declining demand, decreasing raw material costs, and industry overcapacity. After litigating the case to within days of trial, the class reached a series of settlements totaling $163.5 million.

Brendan also played a significant role in litigation against a cartel of the world’s leading liquid crystal display (LCD) manufacturers. Over the course of the litigation, the direct purchaser class reached settlements with all defendants except Toshiba. The case against Toshiba proceeded to trial. Brendan, working under Co-Lead Counsel Richard Heimann, put on all expert testimony for the plaintiffs, examined numerous other witnesses, and argued motions in limine and jury instructions. In July 2012, the jury found Toshiba liable. The case was subsequently settled, bringing the total direct purchaser settlements in the LCDs antitrust litigation to over $470 million.

In 2011, Brendan was one of the trial counsel for distributors and retailers in an antitrust class action against Abbott Laboratories charging that the company quintupled the price of Norvir, a crucial AIDS “booster” drug, in order to force patients to reject superior competing drugs in favor of Abbott’s combination therapy, Kaletra. After opening statements and the presentation of four witnesses and evidence to the jury, plaintiffs and Abbott Laboratories entered into a $52 million settlement.

Brendan presently serves on the Lieff Cabraser team representing The Charles Schwab Corporation in a suit against the world’s major banks for allegedly manipulating the London Interbank Offered Rate (LIBOR), which is used as a global reference rate by financial institutions. Brendan also serves on the Lieff Cabraser team representing the indirect purchaser class in the lithium-ion batteries price-fixing case.

Brendan is a frequent speaker on antitrust law and complex class actions. He also teaches trial advocacy through the National Institute for Trial Advocacy (NITA). As a Deputy Public Defender in Contra Costa County, Brendan took more than twenty felony and misdemeanor cases to trial.

 

Areas of Practice

Antitrust & Intellectual Property
Securities & Investor Fraud

 

Education

Harvard Law School, Cambridge, Massachusetts

J.D. (Cum Laude) - 1998

University of Chicago, Chicago, Illinois

A.B. - 1995

 

Bar Admissions

California, 1998

New York, 2000

U.S. Court of Appeals 2nd Circuit, 2013

U.S. Court of Appeals 9th Circuit, 2004

U.S. District Court Central District of California, 2001

U.S. District Court Eastern District of California, 2001

U.S. District Court Northern District of California, 2001

U.S. District Court Southern District of California, 2001

U.S. District Court District of Colorado, 2001

U.S. District Court Southern District of New York, 2001

 

Professional Associations and Memberships

Bar Association of San Francisco Antitrust Section, Executive Committee State Bar of California

 

Honors and Awards

“Super Lawyer for Northern California,” Super Lawyers, 2013 - 2014

 


Rachel Krevans is chair of the firm's Intellectual Property Litigation Practice Group and co-chair of the firm's intellectual Property Practice Group. For more than 20 years, Ms. Krevans has tried patent disputes involving all manner of products in the electronics and biosciences areas. Her work in these industries has involved an assortment of technologies-from DVRs, cable and satellite TV, and computer-phone interfaces, to HIV and cancer treatments, vaccines, and blood and antibody research.

Ms. Krevans's contentious matters often involve some of the most difficult and complex circumstances. Take for example the rare defense jury verdict in favor of her client EchoStar in the Eastern District of Texas in 2007. At the time of the trial, plaintiff Forgent was seeking $205 million in damages. Her winning trial strategy created a new model for defending patent cases in the Eastern District of Texas.

Another recent and complex case involved her client Bayer in a patent infringement matter against Abbott Diabetes Care in the Northern District of California. After Bayer won summary judgment on one of the two patents, the case was quickly reassigned to a new judge, who set a six-week timeline for a trial on the second patent. Bayer won at trial, prevailing on both patents and all asserted claims.

Chambers notes Ms. Krevans as "one of the most thorough, calculating and technically astute IP lawyers around" and says "the powerful scientific mind of Rachel Krevans has impressed clients in the life sciences industry." In 2013, Chambers USA Women in Law honored her as "IP Lawyer of the Year."

Abbott Diabetes Care vs. Roche Diagnostics Corp and Bayer Healthcare LLC, U.S.D.Ct., N.D. Cal.
(Northern District of California) In August 2005, plaintiff Abbott Labs filed suit in the Northern District of California against Bayer and Roche, two of the leading manufacturers of blood glucose meters and strips, asserting infringement of two of Abbott's patents. After our client Bayer won summary judgment on one of the patents, the case was reassigned to a new judge, who consolidated it for trial with a related set of cases involving Becton-Dickinson and set a trial date within six weeks on the second patent. Roche settled two days before trial. After a six-day bench trial in June 2008, in a 54-page opinion, the court found in Bayer's favor on all claims. The court invalidated every asserted claim as obvious, and also found the patent unenforceable. In January 2010, the Federal Circuit affirmed that judgment in all respects. The Court then took en banc the issue whether it should rewrite the law of inequitable conduct, which it subsequently did in the recent Therasense decision (which did not affect the ultimate outcome of the case).

Confidential Life Sciences Arbitration.
In 2011, Ms. Krevans scored a complete victory for our client in high-stakes arbitration. Our client, a multinational corporation in the medical field, was accused of infringing a number of its competitor's patents. In addition to the direct product competition at the heart of the dispute, the potential damages were well into the nine-figure range. The dispute was subject to an arbitration clause, and a three arbitrator panel was selected. After the parties conducted fact and expert discovery, they proceeded to a two-week evidentiary hearing. Our client prevailed on either non-infringement or invalidity on every patent, an unusually complete victory for one side in the arbitration context.

Forgent Networks, Inc v. Echostar Communications Corporation, et al.
(Eastern District of Texas). Obtained defense jury verdict for EchoStar in patent lawsuit brought by Forgent against essentially the entire cable and satellite television industry, including EchoStar, DIRECTV, Comcast, Cable One, Time Warner, Charter, and Cox, as well as Motorola, Digeo, and Scientific-Atlanta, in Tyler, Texas. The case involved patents allegedly directed to DVRs. Forgent alleged that it invented the DVR in 1991. All defendants other than EchoStar settled shortly before trial, leaving EchoStar as the sole defendant. In May 2007, after approximately an hour of deliberations, an eight-person jury found all of the asserted claims invalid as anticipated, obvious, and lacking an adequate written description. EchoStar did not contest infringement at trial and argued only invalidity. We believe this is only the second defense jury verdict in a patent case in the Eastern District of Texas.

Acacia Media Technologies Corp. v. Comcast Corp., et al.
(Northern District of California).  Represented EchoStar, the owner of the DISH Network, in a closely-watched patent infringement case involving a number of patents purportedly relating to digital media transmission. EchoStar was one of multiple defendants in this multi-district patent infringement action involving distributed audio/video information and whether major U.S. satellite and cable television providers infringe Acacia patents on video-on-demand (streaming video) technology. We assumed a leadership position in developing the defenses against these patents, which, if afforded the broad construction assigned to them by the patentees, could have far-reaching effects on numerous forms of digital transmission used in many different industries. After multiple rounds of claim construction proceedings, defendants prevailed on summary judgment of non-infringement and invalidity of all patents, which was affirmed by the Federal Circuit in 2010.

Ronald A. Katz Technology L.P. v. American Electric Power, et al.
Represented multiple defendants in patent case alleging infringement of large portfolio of interactive telephone/computer interface patents. Obtained order from Judicial Panel on Multi-District Litigation consolidating case with over 20 other actions, and transferring it from Eastern District of Texas to Central District of California. The case is ongoing, but a series of claim construction and summary judgment rulings have already substantially reduced the risks to our clients.


Robert J. Romero is a trial lawyer emphasizing insurance coverage disputes, professional liability suits, and complex commercial matters. He has first chaired numerous jury and bench trials throughout California, and has litigated significant matters in Arizona, Oregon, Nevada and Hawaii. He has also served as appellant counsel in a number of reported decisions.

Mr. Romero also acts as counsel to several Hinshaw & Culbertson LLP clients, providing counsel nationwide in high exposure cases, which present issues in first and third party coverage, professional liability coverage, and cases frequently involving catastrophic loss, extra-contractual, and punitive damage exposure.

Mr. Romero continues to devote a considerable portion of his practice to the defense of lawyers, insurance and financial brokers, real estate and design professionals. That work, which involves a disciplined approached to the “case within a case” has led to cases in the commercial litigation arena, notably to defense at trial and arbitration on behalf of Fortune 50 clients of the firm.

Moreover, his known skill as a trial lawyer has led to several clients to retain him in catastrophic bodily injury and product liability claims that are unable to be resolved short of trial.

Mr. Romero is the Partner-in-Charge of the San Francisco office, and serves on Hinshaw's seven member Management Committee, the firm’s principle governing body.

Service Areas

Commercial Litigation

Insurance & Reinsurance

Insurance Coverage

Litigators for the Profession®

Professional Liability

Education

J.D., University of California, Davis, School of Law, 1988

B.A., California State University, Sacramento, 1985

Admissions

California

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Hawaii

U.S. District Court for the Eastern District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California


Robert S. Arns, the founder of The Arns Law Firm, an 11-lawyer plaintiffs’ firm with offices in San Francisco and Reno, has resolved over a billion dollars of plaintiff cases. Bob has exclusively specialized in prosecuting plaintiff cases including consumer class actions and representing families who have had catastrophic events occur in their lives, including serious injuries and death caused by defective products, construction site incidents and other scenarios.

Bob introduces himself as a “family lawyer,” not because he does dissolution cases, but because he represents families that are going through terrible times because of a serious injury or death to a family member. Bob has loved every day of practicing law and believes that his job is the most gratifying and rewarding job imaginable.

Bob has been SFTLA Trial Lawyer of the Year and a finalist many times as well as a finalist of Consumer Attorneys of California Trial Lawyer of the Year many times.  He is a professor of law at the University of San Francisco, teaching trial practice and was USF Law School alumni of the year in 2009 and professor of the year in 2010. He is a frequent presenter of ABOTA Masters of Trial and a frequent lecturer on consumer issues.  He is recognized as   one of the “Top 100” Super Lawyers in Northern California and Best Lawyers of America and has an AV Preeminent rating from Martindale Hubbell.

Bob is the author of the best selling Rutter Group Practice Guides, The Evidence Wheel and The Trial Wheel which are used by trial lawyers and judges throughout the United States.

Bob owns his Reno and SF office buildings. San Francisco has a built-in mock trial center including the ability to mock try a case to 36 mock jurors and break into three 12 juror deliberation panels which are videotaped.

He has argued numerous cases in front of appellate courts, including the California Supreme Court and the Ninth Circuit Court of Appeals, and has resolved over a billion dollars of cases via verdict and settlement.

Bob has graduated from UCSB in 1971 with Highest Honors and graduated from the University of San Francisco School Of Law in 1975 with honors where he was Managing Editor of the Law Review and Moot Court Champion.

Bob and his wife Anne have a son and daughter and four grandchildren and Bob spends as much time as possible with them.  Bob is involved in numerous civic, charitable, athletic and educational programs. Bob is an avid fly fisherman and owns a fishing lodge in Alaska. Bob pursues tennis, golf, cycling and an intense workout regime. Bob is also involved in numerous real estate ventures and is the proprietor of Tournesol Winery in Napa Valley which produces Bordeaux varietal wine.


James J. Brosnahan is Senior Trial Counsel at Morrison & Foerster LLP and is one of the most respected and recognized trial lawyers in the United States. He regularly undertakes complex cases that are about to go to trial. He has tried, to conclusion, 150 cases.

His cases have ranged from anti-trust to wire fraud and from patent litigation to white collar crime and murder.  This year he represented the former President of the Board of Education in San Francisco in a case charging murder for hire. Mr. Brosnahan is named among the top 30 trial lawyers in the United States, according to the Legal 500 US 2013. Mr. Brosnahan has more than 55 years of expertise in both civil and criminal trial work.

Mr. Brosnahan has received numerous honors and recognition throughout his distinguished career. In 2012, he was recognized as a Lifetime Achiever by The American Lawyer for outstanding professional success and a devotion to public service.  Other professional recognitions include White-Collar Crime/Government Investigations (2005-2012), and Trial Lawyers (2009- 2012). He has been recommended as a leading lawyer by Chambers USA every year since its launch. He is also ranked in the Best Lawyers in America 2014 (for the past 29 years), Benchmark Litigation 2013, The Best of the Best USA Litigation 2013, Euromoney’s Expert Guides.

Mr. Brosnahan is a past president of the Bar Association of San Francisco, whose Volunteer Legal Service Program he founded. He also serves as Master Advocate on the faculty of the National Institute for Trial Advocacy.

Mr. Brosnahan teaches regularly in continuing legal education programs at law schools and to professional organizations on various topics. His expertise includes overall trial strategies in planning, discovery, and jury selection as well as evidence, first amendment, criminal, antitrust, constitutional law, appellate, legal argument, civil procedure, torts, and legal ethics.  He is also a frequent keynote speaker at legal conferences and bar association programs around the country.

For more details of James J. Brosnahan’s autobiography, please visit the following link: http://www.mofo.com/people/b/brosnahan-james-j


For over 20 years, James Donato has represented clients in trials, arbitrations and other litigation matters throughout the United States. He is nationally recognized in Benchmark Litigation for expertise in antitrust matters and in The Legal 500 for expertise in litigation involving healthcare issues and companies. He has been recognized as a Northern California "Super Lawyer" every year since 2004.

Mr. Donato represents technology, Internet and manufacturing companies in matters involving antitrust, qui tam actions (False Claims Act), product liability and commercial disputes.  He has represented Covidien, LG Electronics, Agilent Technologies, United Continental, Gogo.com, and Dun & Bradstreet, Inc., among other leading companies. 

Mr. Donato also has a substantial privacy law practice. He represents Internet companies and equipment manufacturers in matters involving wiretapping, stored communications, computer fraud and abuse, and consumer privacy claims. 

Mr. Donato is an experienced class action lawyer. He has handled multiple class action matters and tried a federal class action case before a jury.  He was a featured speaker at the American Bar Association's 15th Annual National Institute on Class Actions on the topic of class action trials, and has published in the field. 

In the public sector, Mr. Donato served as a trial attorney in the San Francisco City Attorney's Office. As a deputy city attorney, Mr. Donato tried federal and state jury cases in actions ranging from alleged federal civil rights violations to negligence. He is also dedicated to pro bono service and has worked on matters ranging from a major public housing case before the United States Supreme Court to habeas petitions and civil rights cases.

Recent Representations and Experience

  Technology and manufacturing companies in antitrust cases for price fixing (cartels), monopolization, attempted monopolization, mergers and acquisitions, interlocking directorates, conspiracy, exclusive dealing and unfair competition.

  Internet and equipment manufacturers in privacy cases for wiretapping, stored communications, Electronic Communications Privacy Act, Computer Fraud and Abuse Act, state privacy laws, and breach of privacy policies.

  Technology and manufacturing companies in class action cases.

  Companies in commercial cases for product liability, license disputes, trade secrets, business torts, breach of contract, false advertising, and unfair business practices.

  As trial counsel for companies in antitrust, class action and commercial litigation cases in federal and state courts throughout the United States and in private arbitrations.

Selected Professional Affiliations and Business Activities

  Court-Appointed federal mediator, U.S. District Court for Northern District of California
  Elected Member, American Law Institute
  Adviser, American Law Institute Restatement (Third) of Torts 
  Fellow, American Bar Foundation
  President, Bar Association of San Francisco (BASF) 
  Co-Chair, BASF Civil Gideon Project
  Board member, Northern California Innocence Project
  President, Barristers Club of BASF
  Co-Chair, Food from the Bar Campaign for the San Francisco Food Bank (2011)
  Director, Berkeley Symphony
  College Preparatory School Fifty Forward Campaign
  Newman Hall Council

Selected Publications and Speaking Engagements

  ABA, The 15th Annual National Institute on Class Actions, New York, NY (2011)
  "The Role of Technology in Evidence Collection" (Aspatore Books, 2011)
  "Beikoku Class Action no Saishin Jitsumu" (Kokusai Shoji Homu, Vol. 39, No. 4 (2011))
  ABA, Antitrust Law Developments (Seventh Ed. 2012) (contributing writer)
  "Defending the Class Action Trial" (Daily Journal, 2010)
  "Section 17200: Reform Comes In From The Cold" (Association of Business Trial Lawyers Journal, 2005)

Clerkship

  The Honorable Procter R. Hug, Jr., United States Court of Appeals for the Ninth Circuit (1988-1989

Education

  Stanford Law School, J.D., 1988 -  Senior Editor, Stanford Law Review
  Harvard University, M.A., 1984, History
  U.C. Berkeley, B.A., 1983, History, Phi Beta Kappa

Bar Admissions / Qualifications

  The State Bar of California and The State Bar of Hawaii


Judge Jon S. Tigar is a Judge of the United States District Court for the Northern District of California. He was nominated by President Barack on June 11, 2012, and confirmed by the Senate on December 21, 2012. He received his commission on January 18, 2013.

Judge Tigar previously served as a Judge of the Alameda County Superior Court for eleven years, where his assignments included general civil trials, felony trials, and family law. He also served as the Presiding Judge of the court's Appellate Division. He presided over a variety of complex litigation matters, including the implementation of the statewide consent decree in Farrell v. Cate, which concerned the reform of California's juvenile justice system. In 2009, he was named Trial Judge of the Year by the Alameda/Contra Costa Trial Lawyers' Association. 

Judge Tigar is an Adviser to the American Law Institute for the Restatement (Third) of Torts: Liability for Economic Harm, and a contributing editor to the Matthew Bender treatise, California Contract Litigation. From 2006 until 2012, he served as a member of the California Judicial Council's Advisory Committee on Civil Jury Instructions. He has frequently been asked to speak to both lawyers and judges on a wide variety of topics including trial practice, evidence, civil discovery, punitive damages, and judicial ethics, and has taught Pretrial Litigation at Berkeley Law School. He has served on the board of directors of the Volunteer Legal Services Corporation, and as a judicial mentor for the Alameda County Bar Association's Judicial Diversity Mentor Project and Centro Legal de la Raza's Youth Law Project. 

Before taking the bench, Judge Tigar practiced complex commercial litigation at Keker & Van Nest in San Francisco; as a trial lawyer in the San Francisco Public Defender's Office; and in the litigation department of Morrison & Foerster. He clerked for Robert Vance of the United Court of Appeals for the Eleventh Circuit, in Birmingham, Alabama. 

Judge Tigar graduated from Boalt Hall School of Law (now Berkeley Law School), where he was a member of the Order of the Coif and an Articles Editor on the California Law Review. In 2006, he received Berkeley Law's Young Alumnus Award. 

He has a degree in Economics and English from Williams College.


Chris Ritter joined The Focal Point in 1998 after several years as a partner and trial lawyer at a major San Francisco law firm.  He graduated from the University of Chicago Law School and is a former faculty member at University of California Hastings College of the Law, where he taught trial practice, evidence, and legal writing.  Chris is a master at clarifying the complex and making esoteric themes understandable and compelling.  His courtroom experience is also instrumental in creating strategically sound, clearly delineated, and creatively convincing presentations and storylines designed to win.  An accomplished author, he wrote Creating Winning Trial Strategies and Graphics, Powerful Deliberations: Putting It All Together for the Jury, and The Trial War Room Handbook, all published by the American Bar Association, and all lauded as definitive works in the field.