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Business Torts (Defamation)
Liz successfully defended a Mexico-based film production corporation against an attack on its reputation. The Client received both financial compensation and their good name was restored.
About The Case
Liz helped a Mexican production company that had co-produced a
feature film with a California production company restore its reputation after
the principals of the latter company, as well as a well-known actress, libeled
our client
and its principals. In addition, our clients contended that the California company
had breached its contract by not paying the full contract price. Our efforts,
which included interviewing witnesses in Mexico City, resulted in the defendants
issuing a statement in which the libelous remarks were withdrawn and our clients
received
significant financial compensation.
Contract Dispute (Employment Agreement)
Elizabeth represented an out-of-state software company and successfully helped them to avoid being subjected to unfavorable California employment laws.
About The Case
The Employer, an out-of-state software company, was sued in California by a former employee. The employer contended that its former employee, who had relocated to California, was subject to a non-compete clause in his employment agreement. Such non-compete clauses are generally unenforceable in California. However, pursuant to an arbitration provision in the employment contract, Elizabeth successfully argued to have the action stayed and ordered to arbitration in the client’s home state.
International Law, Business Torts (Product Liability)
Successfully defended an American manufacturer wrongfully accused of injuring a consumer in Mexico
About The Case
As a result of our efforts, a United States District Court dismissed the charges against an American manufacturer wrongfully accused of injuring a consumer in Mexico and destroying her real and personal property. The consumer, a California resident living in Mulege, Baja California, Mexico alleged that she had been injured and her home destroyed due to a fire caused by a defective mini-freezer. Having conducted thorough research on the State of Baja California as well as Mexican Federal, Constitutional, substantive and procedural law, we were able to prove that Mexican Law applied to the case and that the consumer did not have governmental authorization to build a house on that land. The consumer was therefore barred from maintaining suit in the U.S. court. There was no remedy for the consumer under Mexican Law.
Business Torts (Unfair Competition, Misappropriation of Trade Secrets)
When the owner of a chain of parking lots was threatened by the attempts of an industry giant to stifle competition, Elizabeth was instrumental in stopping the injustice, and helped secure a damage settlement on the Client's behalf.
About The Case
Elizabeth helped protect the owner of a chain of surface parking lots who was sued for unfair competition and misappropriation of trade secrets by his former employer, a “giant” in that industry. The case was dismissed after nonsuit* was granted at trial and the client prevailed in his cross-complaint for defamation. The client was awarded $75,000 on the cross-complaint and in addition, received approximately $100,000 in attorney’s fees under the Uniform Trade Secrets Act after the court found the original action was brought in bad faith.
*A nonsuit is one in which the defendant asks the court to rule in its favor after the plaintiff presents its case, arguing that it shouldn’t have to put on its defense because the plaintiff didn’t prove what it needed to prove. If the court agrees, it rules that the defendant wins without the matter going to the jury, and without the defendant’s having to put on any evidence.
Contract Dispute (Joint-Venture Agreement, Fraud)
Prevented a European-based music production company from being sued in the U.S.
About The Case
Elizabeth prevented the clients from being sued in the U.S. by an attorney who claimed that she had the right to share in royalties from the sales of a globally successful album. The plaintiff alleged that she and the clients had an oral joint venture agreement, a claim which the client disputed. Elizabeth successfully challenged the California court’s jurisdiction over the clients and obtained dismissal of the action at the pleading stage. Employing a seldom used but applicable rule, she successfully moved for dismissal after the plaintiff filed an identical action in the United States District Court. The plaintiff’s share of the royalties would have amounted to approximately $500,000.
Contract Dispute (Bailment, Construction Contract)
Helped a Mexico-based commercial fishing corporation to recover its property in the U.S.
About The Case
After illegally spending a nearly $100,000 advance, a contractor hired by our client docked a commercial fishing boat in San Diego and failed to pay the docking fees. The owners of the dock threatened to attach the boat and demanded the docking fees. Liz’s efforts resulted in the boat, then valued at more than $2,500,000, being returned to her client without the payment of fees.
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Business Torts; Defamation
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Contract Dispute; Employment Agreement
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International Law, Business Torts; Product Liability
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Business Torts; Unfair Competition, Misappropriation of Trade Secrets
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Contract Dispute; Joint-Venture Agreement, Fraud
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Contract Dispute; Bailment, Construction Contract
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