case database

Acumen Communications, Inc., et al. v. City of Covina, et al.

Defended Motorola Solutions in a business interference and bid-rigging suit concerning the provision of emergency response telecommunications systems to Southern California municipalities. Obtained a complete dismissal of the action on motion to dismiss based on preemption by the Federal Telecommunications Act and for failure to state a claim for collusive conduct.

October 23, 2017

Nation’s Largest Investor-Owned Utility v. World’s Largest Polyethylene Pipe Manufacturer

Prosecuted an eight-figure breach of contract, breach of warranty, and fraud action against the world’s largest manufacturer of polyethylene pipe. The firm was retained by one of the nation’s largest investor-owned utilities to prosecute against a polyethylene pipe manufacturer for supplying defective underground pipes that spanned several miles in aggregate length. Proving the defect presented

October 1, 2017

Software Company Audit by the Department of Labor

Represented a software company in a Department of Labor audit for alleged ERISA violations.

July 31, 2017

Major Banking Institution v. Individual

Defended and obtained a favorable settlement for an individual accused of fraudulent conveyance by a major banking institution. When the firm’s client, an individual, was accused of fraudulent conveyance by a major banking institution, Paul Loh, Mayra de Aguiar, Jason Wilson negotiated a $400,000 payment on behalf of the client for a near $10 million

July 20, 2017

Shelby Frey v. Southern California Gas Company and Sempra Energy

Represented the nation’s largest gas utilities in the U.S. in a product liability suit alleging injuries following a gas explosion. The Willenken team filed a motion for summary judgment on the basis of a lack of subject jurisdiction matter. The plaintiff had been injured in a gas explosion and claimed that our client should have

June 1, 2017

Individuals v. Nation’s Largest Supplier of Business Products and Management Systems

Defended the nation’s largest supplier of business products and management systems in a putative nationwide class action alleging unlawful delivery and service charges in violation of the consumer protection statutes of 34 states, including California. The plaintiffs sought restitution of $1 billion in ill-gotten profits. While the plaintiffs’ motion for class certification was pending, Willenken’s

May 1, 2017

Monster Energy Company v. The Nature’s Bounty Co. et al.

Represented The Nature’s Bounty Co. and its sports nutrition subsidiary, MET-Rx, in a trademark dispute with Monster Energy Company. Willenken defended MET-RX’s award-winning marketing campaign “Love the Monster,” encouraging athletes to embrace their inner “monster,” against a trademark infringement action brought by Monster Energy Company. Our team resolved the case on favorable terms to our

February 16, 2017

    Internal Investigations on Behalf of the World’s Largest Retail Establishment

    Led and conducted internal investigations on behalf of the world’s largest retail establishment in response to whistleblower complaints concerning potential corporate bribery and violations of the Foreign Corrupt Practices Act.

    October 15, 2016

    Retail Landowner v. Nationwide Pharmacy Chain

    Represented a nationwide pharmacy chain in a suit by a landowner for breach of contract for failing to open a store in a retail development. The landowner sought damages in the high seven-figures, claiming that the absence of an anchor store at the locale resulted in overall business losses across the entire development. The contract

    October 1, 2016

    Geoff Chait v. Harbor Freight Tools, USA, Inc.

    Defeated a putative class action alleging that Harbor Freight Tools violated the Song-Beverly Credit Card Act by requesting personal identification information during credit card purchases. The court was persuaded by Harbor Freight Tools’ interpretation of the Song-Beverly Credit Card Act, and denied certification.

    August 2, 2016