Expert Witness Cases
Expert Witness, including Trial Declarations, Testimony by Trial or Deposition
- Blumcraft of Pittsburgh, L.P., v. C.R. Lawrence, Inc a.k.a CRL
Jurisdiction: United States District Court (Central District of California)
Case: Unfair Business Practices, Advertising, Promotion, Improper Images, Damages, Customer Behavior- Designated expert in December 2002.
- Report of Declaration in February 2003 and Trial Declaration in May 2003. Images of Blumcraft products were used by defendant to advertise its own similar products in a nationally distributed catalog. How that catalog was used and the significance of the image to the decision to buy was the subject of expert testimony. Because an early injunction forced CRL to issue new catalog pages to replace those with the Blumcraft images, a secondary issue was whether those new pages were actually used as replacement pages in customer catalogs.
- Bruce Gridley, State Bar No. 57166: “Larry Londre was retained to analyze the economic impact of the improper images for the damages phase of the case. His report was one of the key reasons why the case settled prior to trial. His enthusiastic investigative efforts and innovative methods of calculating damage were invaluable to our success.” Settled in client’s favor in July 2003.
- Bruce Gridley, State Bar No. 57166: “In our case where the effect on the market of false claims of origin were made by the defendant, Larry Londre was called upon to investigate the impact of those claims. With innovative investigative techniques and a sophisticated understanding of the factors which influence consumers, Larry Londre developed data and an analytical approach for the identification of damages…being able to convince our opponent to settle for an amount which exceeded our initial expectations.”
- Federal Trade Commission, v. Steven Patrick Garvey, Mark Levine, Modern Interactive Technology, Inc.
- Research and consultation in July 2001; case was dismissed.
- Medicus Formulas, Inc., Plantiff v. Thane International, Inc.
Jurisdiction: Superior Court for the State of California (County of Los Angeles)
Case: Client and agency counter sued over contract and media planning and buying.
- Designated expert in May, 2003.
- Deposition taken on June 13, 2003.
- Case was settled.
Jonathan Pink State Bar No. 179685: “We prevailed on the first phase of the trial (i.e. your analysis and insights on the meaning of ‘gross media,’ and plaintiff settled the next day. A very good result for us. Thanks again for your help.”
- Hulme v. Giustino, et al (Employees of the Claims Litigation Dept., Farmers Insurance Exchange and Affiliates)
Jurisdiction: Superior Court for the State of California (County of San Francisco)
Case: Income loss claim, advertising industry issues
- Designated expert in November 2003.
- John Hourihan, State Bar No. 99799: “I was defending a large income loss claim brought by an independent film director and producer. Larry Londre provided me with advertising and other industry measures that enabled me to argue that the loss claim was significantly inflated.” “Larry also provided suggestions of how the plaintiff could get back into the business, such as through buying advertising. I found him quite helpful.”
- U-Haul of California, Inc. v. City of Santa Clarita
Jurisdiction: Superior Court for the State of California
Case: Outdoor advertising and signage dispute.
- Designated expert in October 2003.
- Research and consultation; case was settled.
- Imagination Theaters, Inc. v. Greater Salt Lake Business District
Jurisdiction: District Court of the Fourth Judicial District in and for Utah County, State of Utah
Case: Assessment of Imagination Theaters’ operations, competitive environment, competition, marketing, operational, product mix and related issues.
- Designated expert in December 2003.
- Morris Advertising & Design, Inc., a Corporation v. Anka (Gaslamp), LLC, a Delaware LLC; and DOES 1-50, inclusive (Case No. 04 CC 06158)
Jurisdiction: Superior Court of the State of California (County of Orange)
Case: Advertising agency sued client over non payment of advertising, design projects and printing.
- Designated expert in March 2005. Consultation and input. Case was settled.
- Dennis Gregory, et al. v. Jelly Belly Candy Company
Case No.: GIC 836794; Insured: Jelly Belly Candy Company
Jurisdiction: Superior Court for the State of California (County of San Diego)
Case: Marketing, Advertising, and Packaging at issue.
- Designated expert witness in May 2005.
- Londre’s deposition was scheduled for October 25, 2005
- Case was dismissed in defendants’ favor and is asking for fees from lawsuit.
- Electro Source, a California limited liability company, vs. Fire International, LTD, INC., a United Kingdom corporation; Jason Cooper, an individual; MAD CATZ, a corporation; Ian RICHARDSON, an individual; DOES 1-100
Jurisdiction: Superior Court for the State of California (County of Los Angeles)
Case: Theft of trade secrets, interference with contractual relations, unfair competition. MadCatz counter sued for defamation and trade disparagement in connection with an ad placed in a trade magazine and comments made on a website. ESL defended all claims of trade disparagement and won against Fire, a mistrial on certain claims will be retried.
- Designated expert on July 29, 2005.
- Filed declaration, qualifications and report on December, 27, 2005.
- Deposition taken on January 27, 2006.
- Carlos Corrales, individually and on behalf of others v. The Gillette Company
Jurisdiction: Superior Court for the State of California, County of Los Angeles
- Designated expert on August 15, 2005.
- Declaration in support of plaintiff’s TRO, an order to show cause why a preliminary injunction should not be issued and application for a preliminary injunction.
- ICON Enterprises International, Inc., vs. American Products Inc., a California corporation; BRIAN HOROWITZ, an individual; and DOES 1-10
Jurisdiction: United States District Court, Central District of California
Case: Trademarks at issue, survey review including test rooms in a mall vs. replicating actual market conditions, self laudatory vs. suggestive trade names.
- Designated expert for Daubert challenges to defendant’s expert report in August 2004.
- Prepared and presented expert report in August 2004.
- Deposition taken on August 28, 2004.
- Electro Source, LLC v. Pelican Products
Jurisdiction: Superior Court for the State of California (County of Los Angeles)
Case: Trademarks at issue
- Designated expert on September 7, 2005.
- Filed declaration, qualifications and report on May, 17, 2006.
- Deposition taken on July 27, 2006.
- J. Kim (Tornado Air automotive accessories product) v. Sei Kim
Jurisdiction: Four judge Appeal Board of the Trademark Office Korea; United States District Court (Central District of California)
Case: Petition to cancel TORNADO trademark registrations in Korea; with trademarks at issue, conducted research and monitored survey performed by personnel hired by petitioner.
- Designated expert in November 2005.
- Conducted research and wrote Expert Reports on Tornado Air’s share of the market.
- Buca, Inc., a Minnesota corporation; Kerker & Associates, Inc., a Minnesota corporation; and National Casualty Corporation, a Wisconsin corporation, v. Renard Represents, Inc., a New York corporation; Richard Newton, an individual; and DOES 1-10, inclusive, Including Cross Actions
Jurisdiction: Superior Court for the State of California (County of Los Angeles)
Case: Advertising, licensing and media issues, with image banks, advertising agencies and other representation.
- Designated expert and prepared expert report in November 2005.
- Whyrunout.com, a California Corporation v. Stater Bros. Markets, a California Corporation
Jurisdiction: American Arbitration Association
Case: Breach of contract, marketing and advertising issues.
- Designated expert in April 2006.
- Deposition taken on September 6, 2006.
- Case settled on September 8, 2006.
- Superior Mouldings, Inc. v. White River Hardwoods, Woodworks, Inc., a Business Entity Form Unknown, Bruce Johnson, an individual and DOES.
Jurisdiction: The United States District Court (Central District of California)
Case: False designation of origin, trademark infringement, trademark dilution.
- Designated expert July 25, 2006.
- Lisa Ray; Tania Lamanna; Michelle Popadich; Michelle McCurry; Heidi Wheeler; Steve Goldberg; and Alexander Denk v. Trimspa, Inc.; Goen Technologies; Goen Seminars Institute; Nutramerica Corporation; Vitamerica Corporation; Alex Szynalski aka Alex Goen; and Joseph Bono, and DOES 1-50 inclusive.
Jurisdiction: Superior Court of the State of California-West District
Case: Issues related to advertising, product labeling and model releases.
- Designated expert in August 2006.
- Bickelmann v. Assil Sinskey Eye Institute, Kerry K. Assil, M.D. Inc, Kerry K. Assil, DOES 1-100
Jurisdiction: Superior Court of the State of California, County of Los Angeles
Case: Telephone Consumer Protection Act ("TCPA") case, particularly in the area of junk faxes.
- Designated expert in August 2006.
- Whitney Leeman, Ph.D v. Bee International, Inc. (Case No. CGC 05-446009)
Jurisdiction: Superior Court of the State of California (County of San Francisco)
Case: Target marketing and product issues, including products aimed and sold for use by children.
- Designated expert on September 1, 2006.
- Report written on September 3, 2006.
- Alameda Corridor-East Construction Authority on behalf of the San Gabriel Valley Council of Governments, v. Shea Homes Limited Partnership, a California limited partnership; County of Los Angeles, a public entity; William A. Lundberg, an individual; Mabel R. Lundberg, an individual; Southern California Edison Company, a corporation; Walnut Valley Water District, a corporation; General Telephone Company of California, a corporation; American Securities Company, a corporation; Wells Fargo Bank, a national association; Horizon Phototonics; DOES 1-100, inclusive; and All Persons Unknown Claiming Any Right, Title Estate, Lien or Interest or to the property sought to be condemned herein. Complaint in Eminent Domain: APN: 8760-021-005
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Marketing, targeting, advertising and signage issues.
- Designated expert on September 20, 2006.
- Prepared and presented report on September 25, 2006.
- Settled on October 24, 2006.
- Goldic Technology, Inc.; and Group Sense Limited v. Maxmile Corporation; Golden E.Z. Translator, Inc.; Maxworld Electronics; Optimec Wholesale, Inc.; Roger Hwang; and DOES 1 through 25 (Case No. BC340758)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case : Unfair business practices, defamation, slander, degradation of plaintiff’s products.
- Designated expert witness in October 2006.
- Prepared and presented report on January 16, 2007.
- Deposition taken on January 26, 2006.
- Axium International Inc. v. Tribar Industries, Inc., a Canadian Corporation; and Video Display Consultants, Inc. a Washington Corporation (Case No. BC343189)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Breach of contract, breach of express warranty and breach of implied warranty on the manufacturing and selling of electronic media message boards.
- Designated expert witness in February 2007.
- Court issued summary judgment. Court ruled in favor of Axium on March 13, 2007.
- Eva Hays and Ram Hays v. C.B. Fleet Holding Company, Inc., a Virginia Corporation; C.B. Fleet Company, Inc, a Virginia Corporation; Longs Drugs Corporation, a Maryland Corporation and DOES 1-100 (Case No. 1-05-CV-048258)
Jurisdiction: Superior Court of the State of California (County of Santa Clara)
Case: Marketing, Advertising, Media, Retail and Communication issues in a product liability and personal injury case involving a global drug/healthcare company
- Designated expert in August 2007.
- Prepared and presented expert report on September 24, 2007.
- Deposition taken on September 28, 2007.
- John J. Thornton, (d/b/a Baby Boomer Headquarters), an individual, v. J Jargon Co., a Florida corporation, and Jeanette C. Linders, an individual
Jurisdiction: United States District Court for the Middle District of Florida, Tampa Division
Case: Intellectual property; Material taken from website and used. Copyright infringement and copyright damages.
- Designated expert in April 2007.
- Expert reports delivered on September 25, 2007 and December 21, 2007.
- Deposition taken on October 11, 2007.
- Andrea Kay, an individual and on behalf of all others similarly situated, Plaintiff v. Wells Fargo & Company, Wells Fargo Bank, N.A., North Star Mortgage Guaranty Reinsurance Company (Civil Action No. C07-01351 WHA)
Jurisdiction: United States District Court, Northern District of California, San Francisco/Oakland Division
Case: HUD/RSPA issues with Mortgage Reinsurance, and a proposed national class action.
- Designated expert in October 2007.
- Prepared and presented declaration in support of opposition to Plaintiff’s motion for class certification on October 23, 2007.
- Deposition taken on November 6, 2007.
- Bay Guardian Company, Inc. v. NT Media, LLC, SF Weekly LP, East Bay Express Publishing LP, Troy Larkin, DOES 1-10, Inclusive (Case No. 04-435584)
Jurisdiction: Superior Court of the State of California (County of San Francisco)
Case: Media, advertising and unfair business practices
- Designated expert in November 2007.
- Deposition taken on December 23, 2007.
- Larin Corporation v. Alltrade, Inc., a California corporation; Alltrade Tools, LLC, a California limited liability company; Andre Livian, an individual (Case No. ED CV 06-1394 ODW (OPx))
Jurisdiction: United States District Court (Central District of California)
Case: Federal Unfair Competition Violation of the Lanham Act, Unfair Competition and Violation of Business and Professional Code
- Designated expert in December 2007.
- Expert report presented on January 4, 2008.
- Deposition taken on February 6, 2008.
- Gianni Versace, S.p.A. a Foreign Corporation, v. Monir M. Awada, et al (Case No. CV 03-3254 GPS (RNBx))
Jurisdiction: United States District Court (Central District of California – Western Division)
Case: Trademark infringements
- Designated expert in February 2008.
- Prepared and presented expert report on April 1, 2008.
- Supplemental report delivered on May 1, 2008.
- Declaration in support of the defendant’s further opposition to the motion for directed judgment, delivered on November 9, 2010.
- Second declaration delivered January 27, 2011.
- Beverly Hills Courier Publishing Co., LLC, v. Westside Chronicle; Vipin Sahgal, et al (Case No. SC088992)
Jurisdiction: Superior Court of the State of California (County of Los Angeles – West District/West Los Angeles Courthouse)
Case: Business practices, marketing and selling practices
- Designated expert in April 2008.
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Wayne H. Lange v. C.B. Fleet Holding Company, Inc., a Virginia Corporation; and DOES 1-100 (Case No. 07-3255-RGK, SC-093459)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Marketing, Advertising, Media, Retail and Communication issues in a product liability and personal injury case involving a global drug/healthcare company
- Designated expert in July 2007.
- Report prepared and presented March 6, 2008.
- D.H. (Name has been abbreviated.) v. Gregory Kavanagh, Brian Kavanagh and DOES 1-100 (Case No. CGC-07-463813)
Jurisdiction: Superior Court of the State of California (County of San Francisco)
Case: Insurance claim against Safeco Insurance
- Designated expert in April 2008.
- Report delivered May 12, 2008.
- State of Washington v. R. J. Reynolds Tobacco Co. (Case No. 96-2-15056-8 SEA)
Jurisdiction: Superior Court of the State of Washington (King County)
Case: Possible advertising violations, by Camel/RJR, regarding the Tobacco Master Settlement Agreement (MSA), the largest civil settlement in United States history. The MSA arose out of many separate legal actions brought by 46 states against the tobacco industry.
- Designated expert in May 2008.
- Deposition taken on May 15, 2008.
- Phyllis Rabon, Personal Representative for the Estate of Carrie Evory v. Erni Mixon for the Estate of Brandon Hefner, and Brunswick Bowling and Billiards Corporation and Speedway SuperAmerica, LLC (Case: 2006-CP-08- 293)
Jurisdiction: State of South Carolina (County of Berkeley)
Case: Marketing, Advertising and Promotion programs: Wrongful death from purchase of alcohol.
- Designated expert in June 2008.
- Deposition taken on January 5, 2009.
- Deposition de bene esse taken on August 17, 2009.
- Susan McNamara, et al v. C.B. Fleet Company, Inc., a Virginia Corporation (Case: CV 07 7460)
Jurisdiction: United States District Court (Central District of California)
Case: Marketing, Advertising, Promotion, Media, Retail and Communication issues in a product liability and personal injury case involving a global drug/healthcare company.
- Designated expert in June 2008.
- Case was resolved.
- Gerd Nelson, et al. v. C.B. Fleet Company, Inc., a Virginia Corporation (Case: Court File No. 07-cv-3683 RHK-AJB)
Jurisdiction: United States District Court (District of Minnesota)
Case: Marketing, Advertising, Promotion, Media, Retail and Communication issues in a product liability and personal injury case involving a global drug/healthcare company.
- Designated expert in July 2008.
- Expert report delivered in August 2008.
- Case was resolved.
- Margie R. Pitman and George Pitman v. C.B. Fleet Company, Inc., a Virginia Corporation (Case: 07—cv-3686 RHK (AJB))
Jurisdiction: United States District Court (District of Minnesota)
Case: Marketing, Advertising, Promotion, Media, Retail and Communication issues in a product liability and personal injury case involving a global drug/healthcare company.
- Designated expert in August 2008.
- Case was resolved.
- Kyle J. Liguori, an individual and on behalf of all others similarly situated v. Wells Fargo & Company, Wells Fargo Bank, N.A., North Star Mortgage Guaranty Reinsurance Company (Civil Action No. 08-479 PSD)
Jurisdiction: United States District Court, Eastern District of Pennsylvania
Case: HUD/RSPA issues with Mortgage Reinsurance, and a proposed national class action
- Designated expert in October 2007.
- Prepared and presented declaration in support of opposition to Plaintiff’s motion for class certification on October 22, 2007.
- Silverlit Toys Manufactory, LTD., a Hong Kong company, and Spin Master, LTD., v. Soft Air USA, Inc., a California corporation, and TSA Stores Inc. (a subsidiary of Sports Authority, Inc., The Englewood Company); (CV08-01053 JFW PJWx)
Jurisdiction: United States District Court (Central District of California, Western Division)
Case: Marketing, Marketing Mix, Product Introduction, Product Line/Mix, Branding at issue
- Designated expert in November 2008.
- Filed expert report on November 17, 2008.
- Settled in December 2008.
- Mercury Insurance Company, Mercury Casualty Company, and California Automobile Insurance Company (File No.: (NC-03027545); OAH No.: (N2006040185))
Jurisdiction: State of California, Department of Insurance
Case: Deceptive advertising claims
- Designated expert in February 2009.
- Promark Productions, LLC v. T-Mobile USA, Inc., a Delaware corporation; Wasserman Media Group, LLC, a Delaware limited liability company (File No.: DC3955150)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Media and advertising sponsorship and payment issues
- Designated expert in May 2009.
- Deposition taken on June 23, 2009.
- Royal Airline Linen, Inc., et al. vs. Jonathan Glabman, et al. (Case No.: YC049715)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Trademark Infringement, Trade Secrets, Intentional Interference with Economic Relationship, Contracts
- Designated expert in August 2009.
- Prepared and presented expert report on August 24, 2009.
- Prepared and presented opinions on October 11, 2010.
- Lee & Pierce, Inc., vs. Apex Envirotech, Inc., et al. (Case No.: 34-2008-00018469)
Jurisdiction: Superior Court of the State of California (County of Sacramento)
Case: Marketing efforts, competition within the marketplace, and business development.
- Designated expert in September 2009.
- James Brant and Susan Brant v. Spring Mountain Adventures, Inc.; Third Generation Associates, Limited partnership; Mountain Management, LLC; Spring Mountain Winter Sports, LLC; Thomas Andersson, A.B.; Areco Snow System; Areco Snow System of North America, LLC; M & M Certified Welding Company; Tough Tube Manufacturing, Inc.; Pepsico, Inc. and Pepsi-Cola, North America (Case No. 04-01666)
Jurisdiction: Court of Common Pleas of Montgomery County, Pennsylvania
Case: Branding, Brand Marketing, Selling, Partnerships
- Designated expert in March 2010.
- Filed expert report on March 30, 2010.
- American Equity Mortgage, Inc. v. Ray Vinson, Jr. and Vinson Mortgage Services, Inc. (Cause No. 06CC-004206)
Jurisdiction: State of Missouri (Circuit Court for the County of St. Louis)
Case: Unfair Competition, Confusion, Advertising Strategies, Advertising Creative and Production, Media Buying, Non Compete Contracts
- Designated expert in May 2010.
- Deposition taken on June 17, and June 18, 2010.
- Court testimony on March 10, 2011.
- Haas Automation, Inc. v. Brian Denny, ASI Machine and Supply, and Cncpros.net, Inc. (Case CV0908336CW)
Jurisdiction: United States District Court (Central District of California)
Case Description: Anticybersquatting, Trademark Infringement, Unfair business practices, False Advertising, False Designation in Interstate Commerce
- Designated expert in November 2010.
- Report submitted on November 29, 2010.
- Compulink Management Center, Inc. , dba Laserfiche v. SAP America, Inc; SAP Global Marketing; and Does 1 through 10 (Case No. CV10-7843-JFW (Ex))
Jurisdiction: United States District Court (Central District of California)
Case: Trademark Infringement, False Designation, Trademark Dilution, False Advertising, Unfair Competition.
- Designated expert in December 2010.
- Declaration submitted on December 6, 2010.
- Niloofar Ghadoushi, petitioner, and Amir Ghadoushi, respondent (Pleadings/Case: BD513058)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Marketing Business Conditions
- Designated expert in December 2010.
- Prepared and presented opinions on October 11, 2010.
- Case settled on February 11, 2011.
- Robert J. Alandt, Inc. (dba Central Cal Metal) v. Fast Trak et al (Case No.: 09CECG00717 DSB)
Jurisdiction: Superior Court of the State of California (County of Fresno)
Case: Misappropriations of Trade Secrets, Interference, Unfair competition, Conversion and Breach of Fiduciary Duties
- Designated expert in January 2011.
- Opinions presented on March 3, 2011.
- Deposition taken on March 4, 2011.
- Shipwreck Productions, Inc. v. Save the Queen, Gridlock, and DOES 1-25 (Case No.: BC424636)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Breach of contract
- Designated expert in May 2011.
- Settled on May 15, 2011.
- Underground Solutions, Inc. v. P&F Distributors; P & F Distributors, Cross-Complainant, v. Underground Solutions, Inc. (Case No.: CIV 470876)
Jurisdiction: Superior Court of the State of California (San Mateo County)
Case: Trade Libel, Interference with Prospective Economic Advantage, Violation of Lanham Act, Unfair Business Practices
- Designated expert in May 2011.
- Prepared and presented report on May 31, 2011.
- Deposition taken on June 3, 2011.
- D.E. Baker, Inc. & Company v. LA Marathon, a Delaware limited liability company, and DOES 1-10, inclusive (Case No. BC 432577)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Breach of Written Contract, Unjust Enrichment
- Designated expert in July 2011.
- Settled in favor of the defendant.
- Nouveau Model Talent Management, Inc. v. Skyworks Solutions, Inc. and DOES 1-10 Inclusive; (Case No. 37-2010-00101017-CU-BC-CTL)
Jurisdiction: Superior Court of the State of California (County of San Diego)
Case: Breach of Written Contract, Unfair Competition, Business Practices, Rights, Usage of Models
- Designated expert in August 2011.
- Deposition taken on September 28, 2011.
- Concept Chaser Co., Inc v. Pentel of America, LTD. Pentel Company, Isseki Nayayama, Marty Furman, Alloy Media, LLC, Alloy Media + Marketing (Case No.: BC429108)
Jurisdiction: Superior Court of the State of California (County of Los Angeles)
Case: Breach of Written Contract, Interference, Deceit, Economic Advantage
- Designated expert in August 2011.
- Deposition taken on September 20, 2011.
- Shelley Brown (consolidated with Robert Voigt) vs. Martec Industrial Corporation; Real Design; Marshall Industries Corporation; American Bicycle Group, LLC; Litespeed USA; Nytro Multisport Technology, Inc; Ronald Voigt; Does 1 through 100 (Case No.: 37-2010-00058326-CU-PO-NC)
Jurisdiction: Superior Court of California (County of San Diego)
Case: Strict Product Liability, Breach of Warranty, Advertising and Promotion
- Designated expert in November 2011.
- Expert report prepared and presented on September 18, 2012.
- Verdict for the defendants on October 11, 2012.
- Arnold Systems Corporation, dba Ashford Advertising vs. N T Hill, Inc. dba R J Hill Homes; N T Hill, Inc. dba R J Hill Homes vs. Arnold Systems Corporation, dba Ashford Advertising (Cross Complaint); Case No.: 09CEG02039DRF)
Jurisdiction: Superior Court of California (County of Fresno)
Case: Breach of contract, Failure to Pay, Promissory Fraud, Unfair Business Practices, Breach of Fiduciary Duty
- Designated expert in December 2011.
- Settled in December 2011.
- Arnold Systems Corporation, dba Ashford Advertising vs. Gary Albert Osterberg and Kelly Elizabeth Osterberg, and dba Gary O Furniture and Gary O Furniture, and Does 1-20 (Cross Complaint); (Case No.: 010 CE CG 00646)
Jurisdiction: Superior Court of California (County of Fresno)
Case: Breach of contract, Failure to pay, Fraud, Unjust Enrichment, Negligent Billing Practices, Promissory Fraud, Unfair Business Practices, Breach of Fiduciary Duty
- Designated expert in December 2012.
- Settled in August 2012.
- Incubation, LLC, and Nature’s Pure Body Institute, Inc. (Cross-Complainants) v. Peak Performance Nutrition, LTD., Linda Wheeler, Bill Wheeler, Isagenix International, LLC, Jim Coover, Ellen Bradley Ganus, Media Power, Inc., and DOES 5-25 inclusive (Cross-Defendants) v. Isagenix International (Cross-Complainant) (Case No. 56-2008-00319337-CU-BC-VTA)
Jurisdiction: Superior Court of California (County of Ventura)
Case: Breach of Contract, Unfair Business Practices and Competition, Licensing, Endorsement
- Designated expert in January 2012.
- Prepared and presented report on February 5, 2012.
- Deposition taken on May 1, 2012.
- Richard J. Baker v. Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., San Diego Padres, World Baseball Classic, Inc., and GMR Marketing, LLC; GMR Marketing, LLC (Third-Party Plaintiff) v. Ballpark Village, LLC; HOK Group, Inc.; New Era Cap Co., Inc.; Buzztone, Inc.; and ROES 1 through 100, Inclusive (Third-Party Defendants) (Case No. 3:09-C\r-00982 WQH (BGS)
Jurisdiction: United States District Court (Southern District of California)
Case: Special Events and Occurrences, Liability, Marketing Sponsorships, Implied Indemnity
- Designated expert in April 2012.
- Prepared and presented declaration and Rule 26 expert report on June 22, 2012.
- Settled on July 16, 2012.
- “Thanks to the best expert ever!!!” Heidi S. Inman, State Bar #228079, Partner of Lewis, Brisbois, Bisgaard & Smith LLP
- Jean A. Hanna v. Abracon Corporation; Pacific Rim Electronics Corporation; Donald J. Bebout; Christopher A. Polley, and DOES 1-100, inclusive (Cross-Complaint) (Case No.: 30-2011-0046799)
Jurisdiction: Superior Court of California (County of Orange)
Case: Involuntary dissolution, breach of fiduciary duty, violation of shareholders and director’s right to access records
- Designated expert in March 2012.
- Prepared opinions, notes, background, facts and excerpts from legal documents. Presented on August 23, 2012.
- Deposition taken on August 23, 2012.
- Deposition taken on September 14, 2012.
- Property ID Corp. v. Chuck Piro (Fidelity National Title Group, Inc., Disclosure Source) (Case No. 37-2011-00090595-CU-BT-CTL)
Jurisdiction: Superior Court of California (County of Los Angeles)
Case: Trade Libel, Intentional Interference with Prospective Economic Advantage, False Advertising
- Designated expert in June 2012.
- Deposition was scheduled for February 25, 2014.
- Settled on February 21, 2014.
- Lombard Consulting Services, Inc. vs. Joe Rowland, Core Consulting Group, Inc. and Does 1-100 (Case No. 30-2011-0047483)
Jurisdiction: Superior Court of California (County of Orange)
Case: Breach of Oral Contract, Intentional Interference, Unfair Business Practices, Trade Secrets, Injunctive Relief, Defamation, Intentional Misrepresentation, Concealment, False Promise
- Designated expert in July 2012.
- Deposition taken on October 25, 2012.
- Retail Digital Network v. Jacob Appelsmith, as Director of the Alcoholic Beverage Control Board (Case No. 11-09065)
Jurisdiction: United States District Court (Central District of California, Western Division)
Case: California Business and Professional Codes, Advertising, Electronic Advertising Displays, Retail Outlets, First Amendment
- Named consultant and expert in September, 2012. Worked with California Department of Justice, Office of the Attorney General.
- Court granted ABC’s summary judgment motion. The court specifically ruled that the statute is constitutional.
- Server Technology, Inc. (a Nevada corporation), (Cross-Complainant) v. American Power Conversion Corp. (a Massachusetts corporation), (Cross-Complainant)
Jurisdiction: United States District Court (District of the State of Nevada)
Case: Patent Infringement, False Marking, Competitive Injury, Marketing, Advertising, Promotion, Corporate Vision/Mission, Product Lines/Mix, Competitive Landscape/Marketplace
- Designated expert and on 30(b)(6) topics in March 2012.
- Prepared and presented declaration and rule 26 report on March 23, 2012.
- Prepared and presented supplemental declaration and rule 26 expert report on January 17, 2013.
- Deposition taken on January 18, 2013.
- Sheriff Ishak; I.T. Global Media, LLC.; Z!NK Media Group; Kahsi International Isabelle Sabourin v. William Frost; Jack Frost; George Rosamond Capital Management, LLC, Cavolina 430, LLC and Does 1 through 100, Inclusive
Jurisdiction: American Arbitration Association (New York)
Case: Fraud, trade secrets, misrepresentation, conversion, intentional interference with prospective economic advantage, breach of contract, magazine circulation, creation, production, selling, advertising and trademarks
- Designated on August 8, 2013.
- Prepared and presented report on August 22, 2013.
- The Julia Child Foundation For Gastronomy and Culinary Arts v. DGWB, Inc. and Does 1-20, inclusive (Case No. 1414651)
Jurisdiction: Superior Court of California (County of Santa Barbara)
Case: Misappropriation of the Right of Publicity; Damages and Injunctive Relief
- Designated on September 19, 2013.
- Deposition was scheduled December 30, 2013.
- Settled on December 27, 2013.
- Luz Mejia, On Behalf of Estate Of Her Son, Mauricio Carvajal v. Big Lots Stores; Lohia Group of Industries a/k/a Lohia Business Group; Designco Overseas Private Limited a/k/a Designco India d/b/a Designco and Bureau Veritas Consumer Products Services (C.A. No. 5:13-cv-504-HLH)
Jurisdiction: United States District Court, Western District of Texas (San Antonio Division)
Case: Retailing, Strict Product Liability, Marketing, Planograms or Plan-o-guides, Product Defect
- Designated in July 2014.
- Expert declaration prepared and presented on July 15, 2014.
- Deposition taken April 10, 2015.
- Settled on May 27, 2015.
- GardenSensor, formerly known as PlantSense v. Stanley Black & Decker, formerly known as Black & Decker (C 12-03922 NC Federal, CGC-12-521780 State)
Jurisdiction: US District Court, Northern District (San Francisco)
Case: Fraudulent inducement, Breach of Contract, Breach of Fiduciary Duty, Breach of the Duty of Good Faith and Fair Dealing
- Designated in August 2014.
- Expert report with exhibits presented on August 30, 2014.
- Deposition taken on September 19, 2014.
- Verdict for the defense on November 7, 2014.
- Hooman Asbaghi and HBA Medical Group v. Neil K. Nydegger; Nydegger & Associates (Case No.: 37-2013-00066639-CU-PN-CTL)
Jurisdiction: Superior Court of the State of California (County of San Diego)
Case: Legal Malpractice, New Product Development, Medical Dental Equipment/Devices, Breach of Fiduciary Duty, Competition in the Marketplace
- Designated expert on January 2015.
- Deposition taken on September 10, 2015.
- Testified at trial on August 24 and 25, 2016.
- Scott Ehredt, an individual v. Medieval Knights LLC, Medieval Times USA, INC., Medieval Times Entertainment Inc., Medieval Times Georgia, Inc., Medieval Times Maryland Inc., Medieval Times Dinner and Tournament Toronto, Inc.(Case No.: 1220047549)
Jurisdiction: JAMS (Judicial Arbitration and Mediation Services)
Case: Declaratory Relief; Rescission; Misappropriation of Likeness; Restitution for Unjust Enrichment
- Designated expert February 2015.
- Expert rebuttal report with exhibits presented on February 28, 2015.
- Testified at JAMS (Judicial Arbitration and Mediation Services) on March 12, 2015.
- Verdict for the defense in July 2015.
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Guven Uzon, M.D. v. Randy Johnson; Playa Capital Company, LLC; Playa Phase I Commercial Land Company, LLC; and DOES 1 through 50 (JAMS Ref #1100079101)
Jurisdiction: JAMS (Judicial Arbitration and Mediation Services)
Case: Breach of Contract; Negligent Interference with Prospective Economic Relations; Statutory Unfair Competition; Intentional Interference with Economic Relations
- Designated expert in July 2015.
- Opinions delivered and deposition taken on March 22, 2016.
- Testified at JAMS (Judicial Arbitration and Mediation Services) on April 13, 2016.
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Hyowon Electronics v. EROM, Inc.; EROM Co., Ltd., a Korean Company; DOES 1through 100. (Case No.: 2:13-CV-08378-GAF-SS)
Jurisdiction: United States District Court (Central District of California)
Case: Copyright Infringement; Vicarious and/or Contributing Copyright Infringement; and Unfair Competition
- Designated expert; expert report with exhibits presented on August 31, 2015.
- Settled November 2015
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Kyle Alexander and Dylan Symington, on behalf of themselves and all those similarly situated v. BF Labs (Case 2:14-CV-02159)
Jurisdiction: United States District Court for the District of Kansas (Kansas City Division)
Case: Deceptive Business Practices; Disclosures to Potential Customers; Marketing; Communications; Collections of Pre-Payments; Refunds
- Designated expert; expert report with exhibits presented on September 4, 2015.
- The People of the State of California, v. IntelliGender, LLC; Rebecca Griffin; Teresa Garland; Kurt Griffin; Donald Garland; Amazon.com, LLC; Toys ‘R’ US-Delaware, Inc.; CVS Pharmacy, Inc.; Rite Aid Corporation; Target Corporation; Walgreens Co.; Swiss-American Products Inc., and Doe 10, inclusive (Case No. 37-2012-000850040-CU-BT-CTL)
Jurisdiction: Superior Court of California (County of San Diego)
Case: Marketing, Product, Packaging, Promotion, Advertising, Media, Retail, Product Placement, Consumer Behavior- Designated expert in November, 2015.
- Expert report, with exhibits presented on February 19, 2016.
- Testified at trial on June 15, 2016.
- After a bench trial, the Judge ruled in favor of the People and against IntelliGender, LLC and its five partners as individual defendants.
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Eimear Noone v. Jason Michael Paul Productions, Inc. (Case No. BC586768)
Jurisdiction: Superior Court of California (County of Los Angeles, Central Justice District)
Case: Breach of Contract, Unjust Enrichment, Marketing, Promotion, Public Relations, Publicity, Business and Professions Code, Quantum Meruit- Designated expert in May, 2016.
- Expert report, with five exhibits, presented on June 22, 2016.
- Deposition taken on June 22, 2016.
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Tyler Beuerlein v. Philippe Martinet and Viviyen E. Darbroudi (Cross-Complainant) (Case No. CV2016-0526922)
Jurisdiction: Superior Court of Arizona (County of Maricopa)
Case: Marketing, Distribution, Partnerships, Trademarks, Product Lines, Internet Promotion, Web, Manufacturing, Packaging and Sales- Designated expert in October, 2016.
- Testified on November 18, 2016.
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GuideSTAR Technologies, Inc. v. Intrado, Inc.; Steve Lowe (Case: 2015CV34195)
Jurisdiction: State of Colorado (District Court, County of Denver)
Case: Marketing, Selling, Breach of Contract; Breach of Obligation to Market and Sell; Sales Force; Pricing; Segmentation and Targeting- Designated expert in May 2017.
- Prepared and presented expert report and exhibits on June 2, 2017.
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The People of the State of California vs. Venice Beach Suites, LLC; William Layman; Rose Marie Layman; Matthew P. Moore; and Does 1 through 100 (BC624351)
Jurisdiction: Superior Court of the State of California (County of Los Angeles, Central District)
Case: Los Angeles Municipal Code Section 11.00, Marketing, Promotion, Public Nuisance in Violation of Civil Code Section 3479 ET Seq, Unfair Competition Law (Business and Professions Code Section 17200 ET Seq., False Advertising Practices (Business and Professions Code Section 17500 ET Seq.- Prepared and presented report on September 20, 2017.
- Prepared and presented report and exhibits, November 3, 2018.
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The People of the State of California, v. George A. Panoussis, also known as George Pan Andreas, George Andreas Panoussis; NOVAP Corporation; and Does 1-100 (Case No.: BC624202)
Jurisdiction: Superior Court of California (County of Los Angeles, Central Justice District)
Case: False Advertising Practices, Los Angeles Municipal Code Section 11.00; Public Nuisance in Violation of Civic Code Section 3479; Unfair Competition Law (Business and Professional Code)- Designated expert in August 2017.
- Prepared and presented expert report and exhibits on November 2, 2017.
- New assignment: Prepared and presented Addendum on November 3, 2017.
- Testified on November 20, 2017.
- The court granted Plaintiff’s motion for summary judgement.
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Colonel David Randolph Scott v. Citizen Watch Company of America, Inc., a California Corporation (successor to Bulova Corporation, a New York Corporation); Sterling Jewelers, Inc. dba Kay Jewelers, Inc., a Delaware Corporation; and Does 1 through 99, inclusive (Case No. 17-cv-00436-NC)
Jurisdiction: United States District Court (Northern District of California (San Jose Division)
Case: Marketing, Retail, Right of Publicity, Lanham Act, False Advertising, Unjust Enrichment, False Designation of Origin- Designated expert in January 2018.
- Prepared and presented expert report and exhibits on December 27, 2017.
- Prepared and presented rebuttal report and exhibit on April 13, 2018.
- Deposition taken on April 30, 2018.
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Thompson Automotive Labs, LLC v. Illinois Tool Works Inc. (Case 5:15-cv-00282-FL)
Jurisdiction: United States District Court (Eastern District of North Carolina (Western Division)
Case: Unfair Competition, Promotion, Advertising, Exclusive Supply Agreement, Franchisee Network
- Designated expert in March 2018.
- Prepared and presented expert report and exhibits on March 9, 2018.
- Deposition taken June 28, 2018.
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William Pegg v. Conor McGregor, McGregor Sports and Entertainment, LLC and Does 1 through 10 (Case No. A-17-753121-C)
Jurisdiction: State of Nevada (District Court, Clark County)
Case: Marketing, Negligence, Promotion, Promotional issues and components, Press/PR topics
- Designated expert in May 2018.
- Prepared and presented report and exhibits, May 25, 2018.
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Vupico USA, Inc; Slavko Vukojevic and Dusica Vukojevic v. Flip Flop Shops Franchise Company; Howard Stambor; Leasing Strategies, PLLC; Mark Brown; Mark H. Brown & Associates, LLC; and Does 1 to 50 inclusive. (Case No. 37-2016-00020530-CU-NP-CTL)
Jurisdiction: Superior Court of California (County of San Diego, Central Division)
Case: Marketing, Promotion, Advertising, Retail Sales, including Franchisor and Franchisee Marketing
- Designated expert in July 2018.
- Prepared and presented report, summary of findings and exhibits, October 12, 2018.
- Deposition taken on February 21, 2019.
- Testified on March 28 and April 2, 2019.
- Jury came back on November 12, 2019 in favor of the Plaintiff. Judgment for Plaintiff on Vicarious Liability, Breath of Covenant of Good Faith and Fair Dealing, Negligence, Negligent Misrepresentation, Breach of Fiduciary Duty.
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Atypical Brands, LLC v ABV Group, Inc; Alon Ben David; aka Alon Ben-David; aka Allon Ben David; Sabrina Schueppl; aka Sabrina Maren; Eldar Nisenbaum; Natalie Busby; and Does 1 through 50, inclusive. (Case No: BC 633712, Consolidated with BC 657012)
Jurisdiction: Superior Court of California (County of Los Angeles)
Case: Breach of Written Partnership Agreement, Breach of Contract, Unfair Business Practices, Trademarks, Marketing, Social Media
- Designated expert in October 2018.
- Settled on March 7, 2019.
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The People of the State of California vs. Venice Suites, LLC; Carl Lambert; and Does 1 through 100, inclusive (BC 624350)
Jurisdiction: Superior Court of the State of California (County of Los Angeles, Central District)
Case: Los Angeles Municipal Code Section 11.00, Marketing, Promotion, Public Nuisance in Violation of Civil Code Section 3479 ET Seq, Unfair Competition Law (Business and Professions Code Section 17200 ET Seq., False Advertising Practices, Business and Professions Code Section 17500 ET Seq.
- Prepared and presented expert report on September 20, 2017.
- Prepared and presented addendum and exhibits on November 3, 2018.
- Prepared and presented addendum to expert report on March 19, 2019.
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Jane L. Berard and Brian R. Berard v. Aesthetic Physicians, PC; Sono Bello; Body Contour Centers, LLC; Marco A. Sobrino, M.D.; “Jane Doe” Sobrino (Case No. 17-2-27450-0 SEA)
Jurisdiction: Superior Court of Washington (King County)
Case: Marketing, Products, Services, Competition, Consumer Protection Act, Selling, Deceptive Selling Practices, Promotion, Sales Promotion, Advertising Issues, Media, Public Relations/PR topics
- Designated expert in January 2019.
- Prepared and presented expert report, exhibits and declaration on January 24, 2019.
- Deposition taken on April 16, 2019.
- Case settled on February 14, 2020.
- Attorney Colleen Mriglot said: “Thank you for your help on this interesting case.”
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Outfront Media, LLC v. Cunningham & Morris, LLC dba Teach Public Schools; and Does 1 through 10, inclusive (Case: BC 714862)
Jurisdiction: Superior Court of the State of California (County of Los Angeles, Central District
Case: Breach of Lease; Breach of the Implied Covenant of the Good Faith and Fair Dealing Conversion; Advertising; Trespass to Chattels; Declaratory Relief
- Prepared and presented finding and exhibits on March 9, 2018.
- Participated in mediation on June 19, 2019.
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Alexis Cantore, Felix Cantore and Barbara Cantore v. West Boca Medical Center; Jacqueline Freyre-Cubano, MD; Variety Children’s Hospital d/b/a Miami Children’s Hospital (Case No. 502010CA 024815XXXX MB)
Jurisdiction: Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida
Case: Medical Marketing, Promotion and Advertising, Health Care/24-Hour Emergency Care, Referring Hospitals, Selling Messages.
- Designated expert in August, 2019.
- Prepared and presented opinions on August 23, 2019.
- Deposition taken on August 28, 2019.
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Dennis Mitchell v. Telegraph Media Group Limited, a foreign corporation, and Chris Evans (Case No. 18-cv--62012-RAR/Seltzer)
Jurisdiction: United States District Court (Southern District of Florida)
Case: Multi-Media, Marketing, Audiences, Advertising, Print, Online, Journalism, Undercover Reporter, Libel and Libel Claim.
- Designated expert in January 2020.
- Prepared and presented expert report and exhibits on January 31, 2020.
- Deposition was scheduled for February 25, 2020. Mediation started on February 21st and a settlement was reached on February 24, 2020.
- Attorney Susan H. Aprill wrote: “Thanks for your great work.”
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Joong-Ang Daily News California, Inc. dba The Korea Daily v. Sangsin Park; Charles M. Kim; Chosun Daily L.A., dba ChosunDaily L.A., Does 1 through 25, inclusive (Case No. 19STCV15077)
Jurisdiction: Superior Court of the State of California (County of Los Angeles, Central District)
Case: Misappropriation of Trade Secrets, Unfair Business Practices, Breach of Agreement, Breach of Confidence.
- Designated expert in March 2020.
- Prepared and presented expert report and exhibits on March 5, 2020.
- Deposition taken on November 24, 2021.
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Grace Burrows, individually and as Personal Representative of the Estate of Walter Burrows, et al
v. 3M Company, a foreign corporation (Case No. 2:19-cv-01649-RSL)
Jurisdiction: United States District Court (Western District of Washington at Seattle)
Case: Personal Injury; Marketing; Promotion; Advertising; Collateral; Selling and Distribution.
- Designated expert in September 2020.
- Prepared and presented expert report and exhibits on August 27, 2020.
- Deposition taken on October 23, 2020.
- Declaration prepared and signed on December 14, 2020.
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Honey Baked Ham, Inc. (HBH California) v. Honey Baked Ham Company, LLC and HBH Licensing, LLC (Cross-Complainant) (Case No.: 8:19-CV-01528-JVS (DFMx)
Jurisdiction: United States District Court for the Central District of California (Southern Division)
Case: Marketing, Pandemic Business Conditions, Breach of Contract, Unfair Competition, Product, Licensee Rights, Franchisee/Franchisor Issues
- Designated expert and expert report and exhibits published on July 15, 2021.
- Prepared and presented expert rebuttal report and exhibits on August 12, 2021.
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MGM Resorts International Operations, Inc. v. TYLT, Inc., Counterclaimant, v. MGM Resorts International Operations, Inc., Counter-Defendant. (Case No.: 2:20-cv-02250-JAD-VCF)
Jurisdiction: United States District Court for the District of Nevada
Case: Sponsorships, Retailing, Partnerships, Marketing, Promotion, Advertising, Retail Environment, Sales
- Designated expert and expert report and exhibits published on January 11, 2022.
- Signed declaration on April 25, 2022.
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Paul Orshan, Christopher Endara, David Henderson and Steven Neocleous, Individually, and on Behalf of all Others Similarly Situated v. Apple, Inc. (Case No. 5:14-cv-5659 EJD)
Jurisdiction: United States District Court for Northern District of California, San Jose Division
Case: Unfair Business Practices, California Business and Professions Code 17200, Product Benefits, Packaging, Marketing, Promotion, Advertising, Merchandising and Retail
- Designated expert and expert report and exhibits published on March 14, 2022.
- Deposition taken on May 4, 2022.
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William D. Pettersen, Individually and on Behalf of All Others Similarly Situated v. Circle K Stores Inc., an Arizona Corporation (Case No.: 21-cv-00237-H-BGS)
Jurisdiction: United States District Court for the Southern District Of California
Case: Marketing, Advertising, Partnership Marketing, Instore and POS (Point of Sale)/POP (Point of Purchase), Merchandising, Couponing, Discounting, Loyalty Programs
- Designated expert and expert report and exhibits published on May 18, 2022.
- Deposition taken on July 18, 2022.
- Class certification motion granted November 24, 2022.
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Diana Akkawi et al v Kasra Sadr; Car Law Firm; The Sadr Law Firm; Nationwide Vin Marketing; Ryan Bancaya; and Does 1 through 20 (Case No.: 2:20-cv-01034-MCE-AC)
Jurisdiction: United States District Court for the Eastern District Of California
Case: Marketing, Promotion, Advertising, Direct Marketing, Direct Mail, Targeting
- Designated expert, prepared and executed declaration on February 23, 2023, which was filed in opposition to the Motion for Summary Judgment.
- Expert report and four exhibits published on March 11, 2024.
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Shin P. Yang, Esq; Shin P. Yang, Esq. dba Law Offices of Shin P. Yang vs. KAZN AM 1300; Multicultural Radio Broadcasting, Inc; Multicultural Radio Broadcasting Licensee, LLC; Arthur Liu, and, Does 1 through 200, inclusive (Case No.: 19STCV11399)
Jurisdiction: Superior Court of the State of California (County of Los Angeles, Northeast District-Alhambra Court)
Case: Marketing, Promotion, Advertising, Direct Marketing, Direct Mail, Breach of Contract, Marketing, Advertising, Media Buying and Execution, Barter
- Designated expert on June 12, 2023.
- Deposition on July 6, 2023. Presented Major Points, Facts and Opinions.
- Testified at trial on March 14, 2024.
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Herrick Productions, LLC v Mattel, Inc. (Case No.: 19SMCV01209)
Jurisdiction: Superior Court of the State of California (County of Los Angeles, West Judicial District)
Case: Product and Brand Integration, Branding, Media, TV Production, Sponsorships, Marketing, Promotion, Advertising
- Designated expert on August 25, 2023.
- Deposition on September 20, 2023. Presented Opinions.
- Testified at trial July 18-19, 2024.
- “A jury has found that Mattel did not steal a reality show concept from producer Norton Herrick, marking a major victory for the toy giant, which could have been on the hook for $46.2 million in damages.” Variety, August 6, 2024
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Galardi Group, Inc. v DGWB, Inc. d/b/a Amusement Park, a California Corporation; Amusement Park Entertainment, LLC d/b/a Amusement Park, an Illinois LLC; Michael Weisman; Ed Collins, Does 1-10 (Case No.: 30-2021-01207278-CU-BC-CJC)
Jurisdiction: Superior Court of the State of California (County of Orange District)
Case: Advertising, Media, Franchisee Relationships, Branding, Marketing Principles
- Designated expert on March 4, 2024.
Updated: 08/30/2024