Successes

We try to make every matter we handle a success.

Please note that these descriptions of cases, transactions and results do not constitute a guaranty, warranty, or prediction about the outcome of your legal matters or your satisfaction with the Firm. Every case stands on its own. For obvious reasons, a positive outcome for one client can’t always translate to the same outcome for a different client, or the same client in a different matter.

 

Some Cases and Transactions

Sale of Business-Representing Shareholders of Corporation
Doug Higham and the Firm represented a corporation and its principal shareholders in the sale of stock for over $30,000,000. Mr. Higham advised the founders in formation of the company and for fifteen years afterwards. The company grew from an entrepreneurial startup with three shareholders to a world-class, 40% ESOP-owned, engineering firm in the area of precision optics, including laser-based systems and subassemblies used in defense, aerospace and commercial applications. The M&A transaction was featured in an article in the Orange County Register. Read about it here.

 

Enforcing Rights of Copyright Holders
Representing commercial artists, the firm pursued claims against a publisher for alleged unauthorized use of artworks under expired licenses. The case was originally brought in the United States District Court, for the Central District of California. The parties agreed to use a forensic accountant to report on the potential scope of alleged unauthorized usage and net profits. A mutually acceptable settlement was reached after a mediation and extensive negotiations.

 

Shopping center sale
Represent seller, negotiate documentation for sale of multi-million dollar shopping center, and assist in negotiation of the upleg Section1031 exchange for the property.

 

Sale of office building
Represent seller, negotiate documentation for sale of multi-million dollar office building.

 

Sale of high-tech corporation
Represent sellers in negotiation and consummation of merger of wholly-owned high-tech corporation into acquiring company for stock and cash.

 

Buy-out of minority owners of family corporation
Represented minority owners of family corporation in negotiating buy-out under circumstances when minority claimed unfair treatment by controlling insider shareholders.


Arbitration of claims against business buyer
Represented buyer of industrial business in 15-day multi-million dollar arbitration before retired federal judge. Case involved more than 20 percipient witnesses and expert witnesses, covering wide range of issues of cost-accounting, earn-out procedures, custom and practice in mergers and acquisitions, and alleged damages.


Non-disclosure in real-estate home purchase
Firm represented real estate home purchaser in lawsuit against seller, real estate agents and brokers, alleging non-disclosure of defective soil and foundation; case proceeded to mediation and confidential settlement.


Environmental lawsuit
Firm secured dismissal of a CERCLA environmental case asserted against a real property owner in state court, alleging contaminated property.


Enforcement of arbitration award
Firm obtained judgment enforcing seven-figure arbitration award, overcoming challenge based on alleged non-disclosure of facts relating to arbitrator’s background, allegedly required to be disclosed under California Arbitration Act. Obtained favorable reported decision in court of appeal upholding the judgment and denying deposition of the arbitrator. Read Reported Opinion.


Defense of Franchisor Claims Against Franchisee
Firm defended franchisee in six-figure claim in connection with the sale of the franchised business. Firm asserted counter-claim on behalf of franchisee; case settled at meditation, avoiding arbitration and litigation.


Representation of Creditor in Bankruptcy Non-Dischargeability Trial
Firm represented judgment creditor in bankruptcy through trial on non-dischargeability of debt arising out of fraudulent lending transaction.


Blocking Enforcement of Foreign Arbitration Award
Firm represented U.S. licensor in defense of claim by European licensee, blocking licensee’s attempt to enforce partial final arbitration award issued by International issued in Düsseldorf, Germany under the auspices of the International Chamber of Commerce. Firm obtained ruling that the partial final award could not be immediately enforced in the U.S. under the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards.)


Acquisition of Cross-Border Business
Firm assisted investors in the acquisition of a metal products manufacturing business with cross-border operations in Mexico.


Eminent Domain
Firm represented owner of undeveloped parcel in a two-phase trial eminent domain trial, establishing client’s ownership of property under road taken by water district for construction of pump station.

 

Owner v. Construction Company (AAA Arbitration 2008)
In three-week AAA arbitration, the Firm successfully represented a property owner in obtaining a favorable arbitration award on the claim and defeating the construction company’s cross-claim. The issues tried included adequacy of construction in light of trade standards, proper remedies and liability for change orders. 

 

Corporate Shareholder/Officer vs. Corporate Shareholder/Officer (Orange County Superior Court, 2005)
In a dispute following a corporate freeze out of one shareholder by another, at trial the Firm defeated the complaint and won a court judgment on the client’s cross-complaint for the full amount of damages sought.

 

Southern California Manufacturer vs. Out-of-State Distributor (U.S. District Court, Central District, Riverside 2007).
Obtained a grant of partial summary judgment. Secured a settlement and stipulated right to judgment to enforce payments to client.

 

Southern California Manufacturer vs. International Vendor (U. S. District Court 2007)
Represented a Southern-California automotive product manufacturer seeking recovery of damages from one of its vendors, a multinational industrial conglomerate. Plaintiff alleged breach of Uniform Commercial Code express warranty, implied warranty of fitness for a particular purpose, implied warranty of merchantability, breach of contract, fraud. The Firm defeated three motions to dismiss and/or strike and a motion for partial summary judgment. Confidential settlement.

 

Dispute Between Former Business Associates (Orange County Superior Court 2007; California Court of Appeals 2008)
Representing the defendant, the Firm was successful in setting aside a 2-year old “default judgment” after another’s motion to vacate the judgment was denied. Subsequently the Firm won a “summary judgment” ending the case at the trial level. Plaintiff filed an appeal. The Firm obtained a unanimous decision of the appellate court upholding the trial court judgment.


Litigation Outside California For Local Company—Internet CAN-SPAM Lawsuit—Mortgage Loan Lead Marketing (2006 U. S. District Court)
On behalf of a local client sued in federal court out-of-sate, the Firm located and engaged an affordable out-of-state law firm, then assisted that law firm in bringing a successful motion to dismiss based on lack of jurisdiction.


Local Manufacturer/Distributor vs. Fortune 500 Manufacturer—Dispute Over Pricing In Contract (2005)
Represented Fortune 500 manufacturer in arbitration brought by distributor/customer alleging violation of contract exclusivity and improper pricing in co-packing agreement. Confidential settlement.


Former Employee vs. Former Employer—Wrongful Competition, Trade Secrets (2005)
General manager left long-term employer to form own business. The former employer obtained a temporary restraining order (TRO) prior to Firm’s involvement. General manager hired the Firm and filed a cross-complaint. The Firm obtained an order dissolving the employer’s TRO and denying the requested preliminary injunction. The Firm represented the former general manager in a cross-complaint against the former employer. Confidential settlement.


Director Liability—Alleged Predatory Lending. (2003)
Represented company employee/director of NASDAQ-listed company named as defendant in alleged predatory lending case. Negotiated settlement with regulatory officials and claimants, extracting director from ongoing litigation.


Joint Venture Dispute/Trademark Misuse (2003)
Co-represented manufacturer/trademark owner after joint venture partner allegedly breached a joint venture agreement and continued to use trademark name. Defeated summary judgment motions in United States District Court. Confidential settlement.

 

Commercial Insured vs. Property Casualty Insurer—Insurance Bad Faith. (1999)
Co-represented Orange County company in lawsuit against insurance carrier for bad faith refusal to pay for theft losses and property damage under a property/casualty insurance policy. Defeated summary judgment motion. Confidential settlement.


Retired Couple vs. Investment Advisory Firm
Unsuitable recommendations. Represented retired couple who were sold variable annuities and investments. Complaint alleged unsuitable investments, compliance failure of securities broker dealer, and liability under Business & Professions Code Section 17200 –unfair, fraudulent, or deceptive practices. Defeated motion for judgment on pleadings. Confidential settlement.


Former Employee vs. Southern California Manufacturer
Alleged Sexual Harassment (2001). Defended Southern California manufacturer against lawsuit brought by a former employee who alleged that her leaving employment was the result of sexual harassment. Confidential settlement.


Widow vs. Investment Advisory Firm—Variable Life Insurance Policy—Multi-level Marketing
Represented widow who was sold a variable universal life insurance policy through multi-level marketing operations. Confidential settlement.

 

Disabled Accident Victim vs. Stock Broker—Churning, Unsuitable Investments
Represented disabled accident victim whose settlement was entrusted to stockbroker. Confidential Settlement.

 

Employer vs. Former Employee Claiming Federal Securities Fraud Based on Stock-Buy Back Agreement. (1994)
Attorney Jeff Robinson obtained dismissal of federal SEC Rule 10b-5 securities lawsuit brought by former employees against employer arising out of stock-buy back agreement. Obtained summary judgment that alleged damages did not meet the “loss-causation” standard of SEC Rule 10b-5, resulting in published decision. Wong v. Thomas Bros. Restaurant Corp., (U.S.Dist. Ct., Central District of California 1994) 840 F. Supp. 727 (prior to formation of Robinson & Robinson, LLP).


Manufacturer v. State of California, Department of Food and Agriculture--Judicial Challenge To State Administrative Order. (1991)
Attorney Jeff Robinson co-represented cheese manufacturer in challenge to administrative order of California Department of Food and Agriculture setting minimum wholesale “Class 4b” milk prices payable by cheese manufacturers. Obtained writ of mandate at trial court level, resulting in promulgation of new order by Department. Co-handled the appeal of the writ of mandate and subsequent challenge to the new order on grounds of regulatory taking. Golden Cheese Co. of California v. Voss, (1991) 230 Cal. App. 3d 547 (challenge to regulation of wholesale minimum milk prices); Golden Cheese Co. of California, (1991) 230 Cal. App. 3d 727 (inverse condemnation by regulation) (prior to formation of Robinson & Robinson, LLP).

 

Sale of Business—Southern California Service Operations (2006)
Assisted seller in preparing business for sale, negotiating with potential buyers, drafting the sales documentation.

 

Sale of Business—E-Commerce (2006)
Advised seller in sale of asserts, transition of employees, preparation and execution of the sales documentation. 

 

Sale of Business Assets—Internet Company (2005)
Assisted seller in documenting and completing sale of assets of internet company to strategic buyer.


Sale of Business—Commercial Construction Services (2001)
Advised seller in asset sale to strategic buyer preparing industry roll-up.

 

Sale of Business—Health Care Services (2000)
Advised seller of health care group purchasing business; asset sale to strategic buyer preparing industry roll-up.

 

Please note that these descriptions of cases, transactions and results do not constitute a guaranty, warranty, or prediction about the outcome of your legal matters or your satisfaction with the Firm. Every case stands on its own. For obvious reasons, a positive outcome for one client can’t always translate to the same outcome for a different client, or the same client in a different matter.