Unfair Competition & Trade Secret Litigation

Pestotnik LLP attorneys have diverse experience in business tort litigation involving companies, partnerships and limited liability companies, including claims for trade secret theft, unfair competition (such as Business and Profession Code Section 17200 claims) fraud, patent infringement, and breach of fiduciary duty. We work closely with our clients to assess likely outcomes and create an aggressive strategy to accomplish our clients’ goals. We look for cost-effective resolutions to class action lawsuits when doing so would advance interests of our clients.

UBS Financial Services v. Monsefi and Merrill Lynch, Pierce, Fenner & Smith, Incorporated

After the Claimant obtained a temporary restraining order against Respondent Monsefi in state court, we were hired by Merrill Lynch. In the subsequent arbitration, we successfully prevented any injunctive relief against Merrill Lynch and obtained dissolution of the TRO previously entered against all parties.

Fidelity Brokerage Services, Inc. v. McNamara and Merrill Lynch et al.

Our lawyers represented Merrill Lynch, Pierce, Fenner & Smith, Incorporated in a federal court injunctive relief/trade secret action concerning customer lists and their status post-employment.

Ivera v. Hospira

We were co-counsel in successfully defending a patent infringement action brought against our client Hospira, Inc., a large medical device company accused of infringing another product’s patent. We obtained summary judgment for Hospira.

Windermere Services Company v. Lifestyles Services, et al.

We obtained a settlement of $700,000.00 for our franchisor clients in a dispute with their former franchisees over payment of fees, and cross-allegations of unfair competition and other business torts.

Palacios v. Billing Concepts, Inc.

Our lawyers represented Billing Concepts, Inc. a long distance billing service provider, which was sued in a class action alleging fraud and unfair competition in connection with collect telephone calls placed from Mexico. With our motion attacking class certification pending, plaintiffs settled the case for a nominal amount, a tiny fraction of what was sought.

Eftekhary v. CompuOne Corp.

Pestotnik LLP represented CompuOne Corporation and its owners in successfully resolving a lawsuit with the company’s prior owners who were alleging a variety of business torts, including trade secret claims, all of which the clients vigorously disputed.

REMEC, Inc. v. Q Microwave, Inc.

One of our partners defended Q Microwave, and its two founding shareholders, in a misappropriation of trade secret and unfair competition lawsuit filed by REMEC, which aimed to put the fledgling start-up company out of a business. Following a year of intense litigation, a negotiated resolution allowed Q Microwave to continue in business. Now flourishing, Q Microwave employs over 100 people in its El Cajon, CA engineering and manufacturing facility.

Rothschild v. Tyco International, Ltd. et al.

One of our partners defended two water works parts distributors who sold parts to municipalities in California in an unfair competition case alleging that the parts were not manufactured as represented and failed to comply with industry standards and specifications. Following extensive litigation, the case was dismissed on summary judgment, and the result was affirmed on appeal.

C.L. Trustees, et al. v. ACS State & Local Solutions, et al.

One of our partners was co-lead trial counsel for a government contractor in three simultaneously tried class actions and two representative actions alleging that red light intersection cameras were operated unlawfully in violation of California’s unfair competition law (Business & Professions Code Section 17200). The Plaintiff classes demanded more than $85 million before trial and sought $27 million at trial. A complete defense judgment was rendered after trial, so Plaintiffs recovered nothing. The California Supreme Court affirmed the victory on appeal.