Valle & Associates - Recent Cases

	We are currently representing Brandon Jennings, a top-rated high school basketball player, as he evaluates his options for college and/or professional basketball. Brandon, the number one rated high school point guard according to ESPN.com, played the last two seasons at Oak Hill Academy.

	In September 2007, we won a $1.7 million verdict for our clients, commercial real estate investors, following a three-week jury trial against First American Title Insurance Company. Our clients claimed that Defendant First American negligently failed to deliver supplemental escrow instructions to the seller which caused the multi-million apartment building transaction to fall apart. We obtained a complete victory on both counts in the complaint and a recovery of the full amount of damages sought.

	In 2007, we obtained a $4.6 million judgment following a federal trial in Los Angeles on behalf of our clients Florida Asset and the Estate of James Baker, in a real estate dispute related to a Garden Grove rehabilitation facility. The dispute centered around the proper interpretation of a complex series of contractual documents. The judge decided virtually all of the issues in our favor after a court trial in the United States District Court for the Central District of California.

	In 2007, we obtained a confidential settlement for our client, an investment banker who alleged he had been wrongfully terminated and cheated out of his share of the profits. In a related arbitration proceeding, our client recovered his wages, statutory waiting time penalties and attorneys’ fees.

	We obtained a complete victory for Valeant Pharmaceuticals in a lawsuit related to Slobodan Milosevic’s takeover in 1999 of Valeant’s Serbian subsidiary. The plaintiffs, 16 former employees who worked in Valeant’s Serbian subsidiary, sought in excess of $15 million for their participation in a boycott of the Milosevic takeover of the subsidiary’s operations in 1999. Plaintiffs alleged claims for constructive fraud and quantum meruit, seeking, among other things, the “reasonable value” of their “boycott services.” The Arbitrator issued a final award in Valeant’s favor, awarding nothing to the plaintiffs.

	We currently represent Valeant Pharmaceuticals International in a trademark infringement case involving its famous “Bedoyecta” mark.

	We are currently defending Stamps.com in a class action lawsuit alleging that company policies relating to the closing of accounts are unfair and/or unreasonable.

	We obtained a dismissal with prejudice of the lawsuit filed against our clients Home Box Office and Sacha Baron Cohen relating to an episode of “Da Ali G Show.”

	We currently represent Adam Pick, dba IdolGoHome.com, against American Idol Productions, Inc. and Fremantle Media of North America, Inc. in a lawsuit alleging that the owners of American Idol stole an ingenious and highly lucrative website idea from Mr. Pick, a local businessman and American Idol fan.

	We currently represent Dr. Hong Wang, representative of the heirs of the author of a series of books, including Crouching Tiger, Hidden Dragon, against Columbia Pictures Industries. The suit involves a dispute between our client, The Weinstein Company and Columbia Pictures regarding motion picture and other rights associated with the books.

	In 2006, we obtained a complete plaintiff’s verdict after a four-week jury trial on behalf of our client, Caleel +Hayden, a leading distributor of high end skin care products. The jury awarded our client $2.4 million, finding that the defendant, Valeant Pharmaceuticals International, had breached its distribution agreement with Caleel +Hayden by terminating it, had intentionally interfered with our client’s business relationships, and had engaged in wrongful conduct through fraud by a false promise.


	In 2006 we represented Stealth Aerial Camera Systems, a company that provides aerial camera services for professional sporting events, in an unfair trade practices lawsuit against one of our client’s competitors. The lawsuit concerns allegations of misappropriation of trade secrets and unlawful competition. We obtained a dismissal of the case based on forum non conveniens grounds.

	In 2006, we obtained a complete victory dismissing all claims against our client, Greka Oil & Gas, Inc., on summary judgment, Greka is the operator of the REDU oil field located in Orange County and leases the surface property surrounding REDU from several entities. One of its lessors, Buganko, brought a lawsuit against Greka, seeking nearly half a million dollars in reappraised rent, the right to terminate the surface lease and the environmental remediation of its property.

	In 2006, we obtained a complete defense verdict in one of the first lawsuits under the new federal anti-spam act to go to trial. Plaintiff Hypertouch, Inc. brought the action against our client, Stamps.com, seeking over $40 million in damages under both the federal and California anti-spam acts. The arbitrator rejected all of Hypertouch’s claims and, in addition, awarded Stamps.com a portion of its attorneys’ fees.

	In 2005, we obtained a complete dismissal with prejudice for our client, a high tech company, in an action alleging, among other things, violation of the fair reporting credit statutes. As a direct result of our deposition of the plaintiff, we persuaded plaintiff’s counsel to dismiss with prejudice the case against our client without any payment of any kind.

	In 2005, we represented an animation production studio and several of its executives in a case in which the plaintiff sought millions of dollars in damages in connection with allegedly unpaid commissions. We successfully obtained a dismissal of two of the defendants at the pleading stage and obtained a very favorable nuisance-value settlement of the entire case.

	In 2005, we defended our client, a former CEO of a public company that had filed for bankruptcy, in a multi-million dollar lawsuit seeking to disgorge compensation and bonuses from our client. We negotiated a very favorable settlement that did not require any payment by our client.

	In 2004, we represented Stamps.com, the leading Internet postage provider, in a multi-million dollar lawsuit against eBay and PayPal alleging breach of contract and tortious interference with contract. The case arose out of Stamps.com’s contract with PayPal pursuant to which Stamps.com’s online postage service would be integrated with PayPal’s online payment service. Stamps.com claimed that when eBay subsequently acquired PayPal it induced PayPal to terminate the agreement so that eBay could negotiate its own online postage agreement with the U.S. Postal Service. After prevailing on every motion in the case, including a round of motions to dismiss and motions for summary adjudication, we obtained a highly favorable settlement for our client.

	In 2004, we obtained a complete plaintiff’s verdict after a two-week jury trial on behalf of Santa Maria Refining Company, a large asphalt refinery in a commercial dispute related to the massive Cuesta Grade Highway project to rebuild Highway 101 in San Luis Obispo. Following trial, we persuaded the trial court to award our client contractual attorneys’ fees in excess of the actual fees it had incurred.

	In 2004, we obtained a complete plaintiff’s verdict following a two-week arbitration in an action for breach of contract and insurance bad faith on behalf of a Los Angeles real estate developer against Fidelity National Title Insurance in a case involving difficult and novel valuation issues. The arbitrator ruled that the insurer had acted in bad faith and awarded our client the full amount of damages she sought. The arbitrator also granted our motion for attorney’s fees following the arbitration.

	In 2004, we represented DHB Industries, Inc., a leading manufacturer of “bullet-proof” clothing and protective gear, in a lawsuit brought by its exclusive West Coast Sales Agent alleging breach of its distributorship agreement. DHB manufactures protective armor used by U.S. military forces in Iraq and also by numerous federal, state and local police and security forces. We successfully negotiated a highly favorable settlement of the entire case through a mediation shortly before trial.

	In 2004, we obtained a highly successful settlement on behalf of LSC Capital, Inc. in connection with its claim that its lender had improperly demanded payment of hundreds of thousands of dollars as a condition to releasing a lien on LSC’s property. LSC paid the lender’s demands in order to complete a multi-million dollar corporate restructuring. We filed a highly unusual civil “extortion” claim against the lender. When we defeated the lender’s motion to dismiss this claim, the case was positioned for a favorable settlement which we obtained shortly thereafter.

	In 2004, we represented Rincon Island Limited Partnership, which operates an oil and gas facility on Rincon Island off the coast of Santa Barbara, in a lawsuit by a competitor alleging contractual rights to a portion of our client’s profits. After many months of litigation in both Texas and California, we obtained a complete dismissal of all claims asserted against our client.

	In 2003, we successfully defended Greka Energy, Inc., a public energy company, in a securities class action alleging misrepresentations and omissions in connection with a going-private transaction. The case was filed shortly before the major corporate restructuring was scheduled to occur. After winning every motion in the case, including a motion for expedited discovery and a motion to enjoin the transaction, we obtained a complete dismissal on behalf of our client. The going-private transaction was then able to proceeded as planned.

	In 2003, we obtained a highly favorable settlement on behalf of the former Director of Licensing at Virgin Records in a lawsuit alleging fraud, wrongful termination, and breach of contract against Virgin Records and Capitol Records. Our client claimed that Defendants failed to properly account for and pay music royalties as required under her employment contract, made numerous misrepresentations, and then wrongfully terminated her when she complained about her own treatment and the treatment of recording artists signed to Virgin Records.

	In 2003, we obtained a highly favorable settlement on behalf of an individual investor against a major brokerage firm pursuant to which our client received reimbursement of all stock market losses suffered for a several year period.

	In 2003, we obtained a highly favorable settlement on behalf of a talent agent who claimed she had been wrongfully terminated by her talent agency employer.