Freeman, Freeman & Smiley LLP

Service Details

Appellate

The appellate process is very different from standard litigation, requiring experience and skills including thorough analysis, identification of factual points, concise writing and the ability to present a cogent and persuasive argument. Freeman Freeman & Smiley, LLP's litigation lawyers have extensive experience before state and federal appellate courts, as well as administrative appellate tribunals.

Our experience in appellate matters include:

• Breach of contract
• Fraud
• Intellectual property
• Employment
• Lender liability
• Probate/Trust
• Real Estate
• Securities regulation and litigation
• Tax Law
• Unfair competition

Published Appellate Opinions 

Our representation has been successful at the appellate level as well, creating important legal precedents at both the state and federal levels.  A few examples of published opinions that our attorneys have handled include:

Brinkley v. Public Storage, Inc. 167 Cal. App. 4th 1278 (2008) -- Made new law regarding California requirements  for meal  and rest breaks, as well  as wage statements.

Credit Suisse First Boston Corp. v. Grunwald, 400 F.3rd 1119 (9th Cir 2005) pertaining to the enforceability of the State of California’s Arbitrator Disclosure Requirements as against the NASD Dispute Resolution forum within the State of California.

Jerry’s Famous Deli, Inc. v. Constantinio Papanicolau dba Roxy’s Famous Deli, 383 F.2nd 998 (9th Cir. 2004) establishing that a restaurant chain’s menu design and décor constitute protectable trade dress, and confirming that disgorgement of defendant’s profits during infringement period is a proper remedy.

Lee Myles Associates Corp. v. Paul Rubke Enterprises, Inc. 557 F.Supp.2d 1134 (S.D.Cal. 2008) – Achieved dismissal  of action for alleged breach of licensing agreement, trademark  infringement and  unfair competition,  making new law regarding the disgorgement of profits under California’s Unfair Competition Law

Pike v. Public Storage Companies, Inc. ARB No. 00-072, ALJ No. 1998-STA-35 (ARB Aug. 10, 1999) – Successfully defended claim brought under  the Surface Transportation Assistance Act.

Hamid v. Price Waterhouse, et al. 51 F.3d 1411 (9th Cir. 1995) – Obtained  dismissal  of claims against Emirate of Abu Dhabi in an international banking dispute involving close  to one hundred parties.

Citibank v. Crowell, Weedon & Co. 4 Cal. App. 4th 844 (1992) – Represented broker-dealer in dispute regarding stolen bearer bonds.

Cacciaguidi v. Superior Court, 226 Cal. App. 3d 181 (1990) – Represented broker-dealer in action for abuse of process  and conspiracy.

Representative Clients and Matters

  • Achieved reversal from the Ninth Circuit Court of Appeals of a $47 million judgment for unfair competition and other related torts obtained by prominent sports agent against a rival agency formed by his former partner.
  • Handled case of first impression before the California Court of Appeal concerning the application of the Uniform Principal and Income Act. The Act prescribes the manner in which trustees are to allocate distributions received from corporations. This case was of particular importance because it coincided with the issuance of Microsoft’s first ever dividend, and the adjudication of the dispute directly affected the distribution of the proceeds of that dividend by California trusts.

Presentations & Publications

  • "Conflicts of Interest from a Risk Management and Ethics Viewpoint" | 2014 NSCP Regional Meeting | February 2014
  • "Proper Use of Client Assets: Soft Dollars and Hard Money Payments" | 2013 NSCP National Meeting | August 2013