Matt Hodel recently proved that, yes, commercial banks are still able to win jury trials against business borrowers and guarantors in this difficult milieu. In June, Matt successfully tried a three-week jury trial in the Orange County Superior Court for our client, one of California’s largest commercial banks. The trial court denied our motion for summary judgment and, at trial, defendants, who were sophisticated, experienced real estate developers, asserted 14 different defenses. The jury rejected all defenses, and found for our client, awarding it nearly $1.5 million. In the next phase, our client will move for prevailing party attorneys’ fees.

Glenn Briggs, Theresa Kading and Beth Kearney went to trial in downtown Los Angeles to defend their client, a national retail chain, in a disability discrimination and harassment case brought by an employee who had worked for it for 21 years. Plaintiff alleged she injured herself in the store, and then took a four-month leave of absence. Upon her return, the company discovered she had committed fraud and terminated her employment. She then sued the company, alleging 15 employment related claims and seeking punitive damages.

On pre-trial motions we were able to have 10 of her claims dismissed, including her punitive damages claim. After a three week trial, the jury returned a verdict for our client on all remaining claims, except on a single claim for disability harassment, where it awarded her less than 10 percent of her final demand. We then filed a motion for judgment notwithstanding the verdict regarding that lone claim. The court recently granted our motion, directing that judgment be entered in our client’s favor and
against the employee, rendering judgment wholly in favor of our client.

FEDERAL COURT AWARDS CLIENT $1.5 MILLION FOLLOWING SANCTIONS RULING

In what must be one of Southern California’s largest discovery sanction awards this year, Matt Hodel and Fred Wilks were able to obtain a $1.5 million judgment, which includes punitive damages and attorneys’ fees, in a trademark and copyright infringement action from federal district court Judge David O. Carter. The judgment was issued in our client’s favor without trial after the court ruled that the infringer had repeatedly lied under oath, disregarded discovery obligations, and disobeyed court orders.

HBW IN THE NEWS

HBW has once again been recognized as a “Go-To Law Firm” by Corporate Counsel Magazine’s “In-House Law Departments at the Top 500 Companies.” This is the fourth year the firm was selected for
this recognition.

Thorey Bauer and Theresa Kading were named as “Rising Stars” in the area of Employment Litigation: Defense and Employment & Labor by the publishers of Los Angeles Magazine and Law & Politics.

34th Annual Dana Point Turkey Trot

HBW is once again a proud sponsor of the annual Dana Point Turkey Trot on Thanksgiving morning. We invite all of our friends and colleagues to join us for this year’s run/walk, which will raise funds for the Second Harvest Food Bank of Orange County.

Please contact Eileen Salazar at (949) 450-4430 to register for our team.

ADDITIONAL SUCCESSES FOR OUR CLIENTS

Karla Kraft and Fred Wilks recently achieved a successful resolution for our client, a commercial real estate financing company, in a complex dispute involving 33 related lawsuits. Our client was the lender on a 1.5 acre mixed-use project on Sunset Boulevard. The owner defaulted in 2008, and extensive litigation ensued. After successfully filing a demurrer and obtaining dismissal with prejudice on six of the seven causes of action asserted against our client, we helped negotiate an agreement with a third-party purchaser that took out our client, provided a monetary recovery, and resolved all claims against our client.

NEW ASSOCIATE JOINS HBW EMPLOYMENT DEPARTMENT

Professional Highlights

Ms. Nguyen has litigated single-plaintiff cases and large-scale class and collective actions in both California state and federal courts. In addition, Dani has successfully represented clients in administrative agency investigations, private arbitrations, and mediations. Dani also regularly counsels employers on day-to-day employment matters such as personnel policies, employment handbooks, terminations of employment, and reductions in force.

Before joining Hodel Briggs Winter LLP, Dani was an associate of the insurance and labor and employment groups at Crowell & Moring.

In the Community

Dani serves as a volunteer attorney with the Public Law Center of Orange County. In 2010, she received the State of California’s Wiley W. Manuel award for pro bono legal services. Ms. Nguyen is a member of the California Minority Counsel Program. She is also member of several local bar associations, including the Los Angeles County Bar Association, Orange County Asian American Bar Association and the Vietnamese American Bar Association of Southern California.

Education

Dani graduated from the University of California, Los Angeles School of Law. Prior to law school, Dani earned her bachelor degrees in Political Science and Mass Communications from the University of California, Berkeley.

Karla Kraft received the 2010 Marcus Kaufman Jurisprudence Award from the Orange County/Long Beach region of the Anti-Defamation League.

The Jurisprudence Award is presented to those attorneys who make very significant contributions to their community and to the legal profession. The award is named in honor of Justice Marcus Kaufman, the 103rd Justice of the California Supreme Court and a champion of civil rights.

Karla Kraft accepting her award from Justice Sheila Prell Sonenshine (Ret.)

HBW CONTINUES TO GROW

abishop@hbwllp.com

Andrea Bishop recently joined HBW as an attorney in our Corporate Department. Andrea previously was Corporate Counsel with Arbonne International and RSM EquiCo, Inc. (now known as McGladrey Capital Market), and prior to that was a business law associate with Paul, Hastings, Janofsky & Walker LLP.

In addition to her legal work, Andrea directs fund development efforts for StandUP for Kids, an organization providing outreach and other services to homeless teens in Orange County.

Andrea graduated from Northwestern University School of Law, and obtained her bachelor’s degree with distinction in Political Science from Stanford University.

HBW WELCOMES DEAN CHEMERINKSY

Erwin Chemerinsky, Founding Dean of the University of California, Irvine School of Law and preeminent constitutional law scholar, spoke to HBW clients and friends about recent decisions by and developments with the United States Supreme Court.

Hodel Briggs Winter hosted the program, its first Continuing Legal Education event, in November 2010. Dean Chemerinsky received rave reviews for his presentation.

Karla Kraft, Dean Chemerinsky, Matthew Hodel, Charles Cannon and Veronica Wilson (both of the UCI School of Law)

HBW RECENT DEVELOPMENTS AND SUCCESSES

Matt Hodel and Mike LeBoff obtained a complete dismissal of a federal court lawsuit alleging that our clients, one of whom is a public figure, misappropriated the idea for a televised match-play golf program.

In a separate matter, Matt and Mike obtained a $1.1 million writ of attachment against a manufacturer of hair and skin care products who had not paid our client, a national distributor, commissions for products sold throughout the United States.

HBW IN THE COMMUNITY

Matt Hodel served as a co-chair of the Dinner Committee for the Anti-Defamation League’s 2010 Marcus Kaufman Jurisprudence Awards Dinner, and was recently named to the Dinner Committee for the Public Law Center’s 2011 Volunteers for Justice Dinner. These annual events are two of the largest and best-attended affairs in the Orange County legal community.

The publishers of Los Angeles Magazine and Law & Politics have selected Matt Hodel as a “Southern California Super Lawyer” in the area of Business Litigation and Glenn Briggs in the area of Employment Law.

Sean Shahabi spoke to law students and recent graduates at Whittier Law School on the topic of “Careers in the Law.”

Beth Kearney serves on the board of Boys Hope Girls Hope of Southern California, which provides middle-school and high-school aged children with a value-centered, family-like home and a quality private education through college to realize their full potential.

Matt Hodel and Terrie Kading completed another successful season of coaching the Tesoro High School mock trial team, with an undefeated regular season of 4-0 and making the playoffs for the seventh year in a row.

Glenn Briggs and Mike LeBoff each spent the fall coaching their kids’ AYSO soccer teams.

Mike LeBoff

Coach Mike (above) gives the Heartbreakers a pre-game pep talk. Glenn coached his son Carsen’s (bottom) Golden Cheetahs to a third place finish.

Carsen Briggs

TURKEY TROT – THANKSGIVING 2010

HBW was once again a corporate sponsor for the Dana Point Turkey Trot, which benefits the Second Harvest Food Bank of Orange County.

Fred Wilks

Terrie Kading

HBW was delighted to be joined by 146 runners, making it the largest corporate participant at this year’s event. This is the sixth consecutive year the Firm has sponsored this event, held on Thanksgiving morning.

The event raised over $50,000 for the Second Harvest Food Bank of Orange County, which feeds more than 220,000 people in Orange County every month.