Antitrust and Unfair Competition
Ohio Public Employees Retirement System v. McKesson Corporation (N.D. Cal. Case No. 3:13-cv-02000-SI)
Served as special counsel for the State of Ohio in a lawsuit against McKesson Corporation for an alleged scheme to inflate the price of drugs prescribed for beneficiaries of the Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, and the Ohio Bureau of Workers’ Compensation. The Ohio entities alleged that McKesson conspired to intentionally inflate the average wholesale price (AWP) markup factor for over 400 pharmaceuticals, thereby causing the Ohio entities whose payments are based on the published AWP, to make substantial excess payments for those pharmaceuticals. $18.325 million dollar settlement.
Tofighbaksh v. Wells Fargo & Company (San Francisco Sup. Ct. Case No. CGC-09-495450).
Represented a borrower in an action challenging the manipulation the Cost of Savings Index (COSI). As alleged in the case, Wells Fargo artificially inflated the interest rate on borrowers’ mortgage payments by changing the type of deposit accounts used to calculate the COSI.
Madanat v. First Data Corporation (E.D.N.Y. Case No. 1:11-cv-00364-LDW-ETB) (class counsel).
Represented a nationwide class of 101,000 merchants in an action against First Data Corporation. The case challenged First Data’s business practice of enforcing an optional liquidated damages provision against defaulting merchants who seek to terminate Point of Sale terminal leases.
Tribeca Companies v. Gallaher Investments, LLC (San Mateo Sup. Ct. Case No. CIV524062).
Represented Tribeca Companies, a San Francisco-based investment firm in an action against Gallaher Investments, LLC. As alleged in the case, after selling a shopping center to Tribeca Companies, Gallaher Investments misappropriated for its own use substantial funds that were due and payable to Tribeca Companies.
Sobhani v. Bamahang Productions, LLC (San Francisco Sup. Ct. Case No. CGC-09-495279).
Represented the lead singer of Kiosk, a rock band known for its lyrics that provide political and social commentary, in a dispute with the band’s former record label and promotional company. Successfully negotiated a settlement under which the production company transferred ownership of the band’s promotion material, waived all trademark interests in the Kiosk name and logo, and waived all copyright interests in Kiosk’s work.
Chikosi v. Sam’s West, Inc. (C.D. Cal. Case No. 8:15-cv-01675-AG-JCG).
Represent a putative class of Sam’s Club members who were denied a contractually promised refund on returned fresh products items. As alleged in the case, paid memberships at Sam’s Club stores come with a 200% guaranteed refund of the purchase price on returned fresh products, such as meat, bakery, and produce items. Sam’s Club, however, failed to comply with the terms of its refund policy by refunding only the purchase price of the fresh product item.
Pinel v. Aurora Loan Services, LLC (N.D. Cal. Case No. 3:10-cv-03118-SBA) (class counsel).
Represented a class of homeowners in California, who were induced by Aurora Loan Services LLC into deceptive “workout agreements” that gave them false hope of avoiding a default on their mortgages. According to the suit, after extracting several months of payment, Aurora foreclosed on the homes without giving the borrowers any notice and without allowing them access to any cure method, despite the provisions of the “workout agreements.” $5.25 million dollar settlement.
Alavi v. Pacific Gas and Electric Company (JAMS File No. 1100060942)
Represented a PG&E customer who was charged a so-called “minimum transportation charge” of approximately 10¢ per day, even when they had their gas services shut off by PG&E and, accordingly, did not utilize any natural gas services.
Peterson v. Mazda Motor of America (C.D. Cal. Case No. 8:13-cv-01972-DOC-AN)
A products liability action alleging breach of warranty claims involving Mazda vehicles equipped with a defective continuous variable valve timing (“VVT”) assembly. As alleged in the lawsuit, when owners of defective Mazda vehicles present their vehicles for repair or replacement of the VVT system and resulting engine damage, Mazda’s practice was to deny warranty claims.
Public Health and Environmental Litigation
Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)
We have counseled and represented businesses with respect to compliance with California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65). We are also investigating potential claims arising from the marketing of cosmetic, food, and other consumer products that contain chemicals known to cause cancer, birth defects, or reproductive toxicity.
Metcalf v. Crestwood Behavioral Health, Inc. (Alameda Case No. RG08370107)
Represented an elderly woman in an elder abuse action against a nursing home and staff physician whose medical license was suspended by the California Medical Board.