positive resolutions to complex problems

Federal Complex Litigation

Federal complex litigation

Comprehensive solutions to complex problems

Some conflicts can be avoided, but the reality is a lawsuit may be necessary to bring about change. Our firm works with many types of complex cases. One of the most complex areas of the law is the enforcement or defense to claims of trademarks, copyrights, patents, and trade secrets. We also represent companies in failed business sales, those who have been denied insurance coverage, and disputes having major electronic discovery.

Our work is largely devoted to federal court because our area of expertise is rooted in federal law and also because the Internet dramatically impacts our national economy, which makes state law controversies eligible for federal court jurisdiction when it crosses state lines.


e-Commerce and Digital Discovery

Our society communicates with digital. In a lawsuit, preserving email, texts, and e-signature records is essential. Because our firm has been paperless for nearly 18 years, we remain on the cutting edge of technology. We can help identify and preserve critical evidence at the beginning of a dispute, too. Having a digitized law office makes it easier to communicate with clients and collaborate with professionals.

Case Study: Redman & Associates, LLC v. Sales Chief Ent. (Hong Kong) Co., LTD (Case No. 5:14-cv-05277-TLB)

We represented a toy importer in the United States in a lawsuit suing a Chinese manufacturer. The documents were an estimated 4 million pages. In that case, key documents were authored in Chinese and Mandarin, so we engaged computer programmers to translate the documents and remove duplicates. Doing this saved our client tremendous sums and time in reviewing the avalanche of documents. We were able to present our best case using technology.


We Are Prepared

There are many attorneys from which to choose, and we urge you to speak with several firms so that you can have confidence in your decision and selection. One factor to consider is whether your attorney has received a peer review and award of ethics and competency, such as a Martindale Hubbell ratings service. Another way to check is to read reported cases and words selected by judges who presided over our case.

Case study: Wal-Mart Stores, Inc. v. Cuker Interactive, LLC (Case No. 5:14-cv-05262-TLB)

Recently, our firm received special mention for our preparedness. While our client prevailed in a “David vs. Goliath” matter adverse to the world’s largest retailer, Wal-Mart, what was even more remarkable was the roadblocks involved in that case. The Court ordered Walmart to pay an additional $400,299.96 as sanction because of Walmart’s vexatious tactics which multiplied the cost of litigation for our client. Read more here.


Trademark

Trademark owners file suit to prevent customer confusion when a competitor adopts a confusingly similar branding. We can help identify the extent to which there is customer confusion in the marketplace, which is often the threshold question in trademark cases.

Doxa Total Design Strategy Inc v. Doxa Enterprises Inc (Case No. 4:10-cv-00717-GTE)

Happy Trails Trailer Sales, LLC v. Happy Trailer Sales, LLC (Case No. 2:20-cv-02067-PKH)

Rotoworks International Limited v. Grassworks USA, LLC et al (Case No. 5:07-cv-05009-JLH)

RedwoodVentures, LTD et al v. Irwin RX LTD et al (Case No. 5:15-cv-05174-TLB)

CBD Hospitality, LLC v. CG Brickell, LLC (Case No. 5:19-cv-05181-PKH)

Operation Homefront, Inc v. Brock (Case No. 6:19-cv-06125-RTD)

KK Couture Resale, LLC et al v. Tory Burch LLC et al (Case No. 5:15-cv-05283-TLB)

Pangaea, Inc. v. The Flying Burrito, LLC (Case No. 5:08-cv-05250-JLH)

Copyright

Copyright cases are typically filed to put a stop to a continuing unauthorized use. We have defended companies who have been sued for copyright infringement for use in connection with use on the Internet, and we have also obtained injunctions to prohibit infringement. Timely registration of the copyright is a key in this area of law.

Scholz Design, Inc. v. Calcon, Inc. (Case No. 5:07-cv-05081-JLH)

Scholz Design Inc v. Larue et al (Case No. 4:06-cv-01600-RSW)

Hoopla Brands, LLC v. Toys "R" Us, Inc. et al (Case No. 5:10-cv-05039-JLH)

Porter v. Arkansas Game and Fish Foundation et al (Case No. 2:05-cv-02168-RTD)

Bordelon v. Quantas Airways (Case No. 5:04-cv-05074-JLH)

Ellis v. Black et al (Case No. 3:08-cv-03025-JLH)

Dark v. Crescent Hotel, Inc., et al (Case No. 5:04-cv-05153-RTD)

Tomelleri v. Allen (Case No. 5:19-cv-05225-PKH)


Patents

Patent lawsuits are a substantial investment and are generally known as a bet-the-company case. We represent patent owners and also defend cases where infringement is alleged. For example, in the Jones v. Walls case, we defended a claim for $16,000,000 and invalidated the patent. See our Blog. Mark Henry was identified as an America’s 2020 Top 100 “Bet-the-company litigator.”

Jones v. Walls et al (Case No. 4:2007cv00107)

BASF Agrochemical, et al v. Arnold, et al (Case No. 3:04-cv-00311-JMM)

Monsanto Company, et al v. Kyle, et al (Case No. 2:04-cv-00208-JMM)

Trade Secrets

Trade secrets lawsuits are costly because of the amount of evidence required to establish for the trade secret owner the requisite level of protectable interest. Most of these cases involve willful deceit, which is not a simple thing to prove to a jury. In a recent case against Wal-Mart, a jury agreed with our client and found that Wal-Mart has acted “willfully” in stealing trade secrets from our California-based client, Cuker Interactive, LLC. See our Blog.

Wal-Mart Stores, Inc. v. Cuker Interactive, LLC (Case No. 5:14-cv-05262-TLB)

Southeast X-Ray, Inc. et al v. Spears et al (Case No. 2:13-cv-02026-PKH)

Nanomech, Inc. v. James Tacker et al (Case No. CV-12-648)

Biobased Technologies, LLC. v. Newbold (Case No. CV-11-1066-7)