FAIRBANK & VINCENT has represented businesses of all sizes in complex commercial disputes, including Hilton Hotels, Mattel, Duff & Phelps Capital Markets, Reed Smith, Meruelo Enterprises, Old West Investment Management, University Marelich Mechanical, and Home Savings of America,  just to name a few.

Our experience extends from common breach-of-contract, professional-negligence and business-tort claims to alleged securities violations, NASD arbitrations and Unfair Business Practices (§ 17200).  Amounts at issue have ranged from the hundreds-of-thousands to the tens-of-millions of dollars.

• Doty, et al. v. Meruelo Enterprises, Inc., et al. (U.S. District Court, Central District of California, Case No. LACV03-7058 WJR (VBKx); Los Angeles Superior Court, Case No. BC 330038): Fairbank & Vincent defeated a $3 million fraud claim brought by the sellers of a construction company.  In an ERISA action brought in federal court, the firm successfully brought a motion to dismiss that was granted in February 2003. In a subsequent fraud case filed in state court, F&V obtained a defense verdict in favor of the acquiring company and of its four executives following a two-week jury trial in February 2011.

• Oasis West Realty, LLC v. Goldman, et al. (Los Angeles Superior Court, Case No. SC 101564):  Fairbank & Vincent represents a major law firm and its partner in a $4 million professional-negligence claim involving a Beverly Hills development project.  In March 2010, the Court of Appeal reversed the trial court’s denial of an anti-SLAPP motion in a unanimous published opinion (106 Cal.Rptr. 3d 539).  The case is now pending before the California Supreme Court.

• Aletheia Research and Management, Inc. v. Boskovich, et al. (Los Angeles Superior Court, Case No. BC 398391):  Fairbank & Vincent represented an investment-management firm and several of its executives against a $120 million cross-complaint for unfair competition and trade-secret misappropriation.  While the case was pending for trial, F&V secured a confidential settlement in August 2010.

• Majestic Resorts, Inc. v. Hilton Hotels Corp., et al. (JAMS Arbitration):  Fairbank & Vincent defeated a condo-hotel developer's $200 million fraud and breach-of-contract claims against a hospitality management company arising from an aborted condo-hotel project in Las Vegas.  After a seven-day arbitration, the three-member panel denied all of the developer's claims and awarded our client over $1.2 million in fees and costs in December 2007.

• Lundwall, et al. v. A&A Building Material Co., et al. (Los Angeles Superior Court, Case No. BC 372789):  Fairbank & Vincent was retained by a private equity manager to represent a subsidiary in asbestos-related litigation arising out of construction from the 1960’s.  Within four months, F&V positioned the client for summary judgment and, simultaneously, secured insurance coverage that allowed the client to obtain reimbursement for its fees and proceed with coverage counsel.

• Pierce v. Doubletree DTWC Corp. (San Diego Superior Court, Case No. GIC 864563):  Fairbank & Vincent defeated a $2.1 million contract claim by a promotion company against a San Diego hotel involving events surrounding the 2003 Super Bowl.  Following a six-day jury trial, F&V obtained a defense verdict in July 2007.

• LVH Corporation v. Las Vegas Convention Hotel, LLC; And Related Cross-Actions (U.S. District Court, District of Nevada, Case No. A429265):  Fairbank & Vincent defended Hilton Hotels Corporation in a $50-million lawsuit over the failed sale of the Las Vegas Hilton.  The case was resolved before trial on extremely favorable terms by confidential settlement.

• Satterthwaite, et al. v. Jill Barad and Mattel, Inc. (Los Angeles Superior Court, Case No. BC 219022):  Fairbank & Vincent defended Mattel in two derivative cases relating to a class action filed by Milberg Weiss against Mattel alleging violations of Sections 10(b) and 14(a) of the Securities Exchange Act.  The case involved the purchase and later sale by Mattel of The Learning Company.  The state derivative case was dismissed at the demurrer stage, and the related federal derivative case was settled favorably by Mattel.

• O'Brien v. Corbett and Steelman, et al. (Los Angeles Superior Court , Case No. BC 323392) Fairbank & Vincent defended the law firm of Crosby, Heafey, Roach & May and successfully brought an anti-SLAPP motion (§ 425.16(c)) against plaintiff's claim of malicious prosecution. After the Court granted the special motion, Fairbank & Vincent successfully won a motion for attorney fees and costs for the defendants. 

• Bird Products Corp. v. Pulmonetic Systems, Inc., et al. (U.S. District Court, Central District of California, Case No. CV99-7380 NM (RZx)):  Fairbank & Vincent was brought in as co-counsel for Pulmonetic Systems by Thomas C. Mundell of Mundell, Odlum & Haws LLP in an intellectual-property lawsuit filed in Los Angeles federal court.  The firm defended the company -- the leading manufacturer of portable ventilators -- and its founder against claims of patent and copyright infringement, and misappropriation of trade secrets.  The case was settled on favorable terms after the Court granted Pulmonetic Systems summary judgment on the patent-infringement claim. 

• Reiss, et al. v. SMTEK International, Inc., et al. (Ventura Superior Court, Case No. CIV 192130): Fairbank & Vincent was retained by SMTEK International to defend against shareholder claims for common-law and securities fraud.  The case was resolved prior to commencing discovery by confidential settlement.

• Albert, et al. v. Walter Fletcher, Inc., et al. (Los Angeles Superior Court, Case No. BC 136761): Fairbank & Vincent defended Duff & Phelps Capital Markets in a class action brought by Milberg Weiss. The lawsuit involved a fairness opinion issued by Duff & Phelps and alleged damages in excess of $50 million.  The case was resolved by confidential settlement.