Ralph Winter, Andrea Bishop and Vanessa Turner represented Leading Edge Aviation Services, Inc. in a transaction in which Los Angeles-based private equity firm, Vance Street Capital, invested in the company. Headquartered in Costa Mesa, California, Leading Edge is recognized as the largest independent painter of commercial and military aircraft in the United States. Aviation Week magazine recently honored Leading Edge for outstanding achievement and innovation in aviation maintenance, repair and overhaul. The company’s Founder and CEO, Michael Manclark, recently was honored with the Excellence in Entrepreneurship Award from the Orange County Business Journal.

Terrie Kading and Beth Kearney recently obtained summary judgment in favor of our client, one of the nation’s largest banks, against a former employee alleging wrongful termination in violation of public policy, as well as breach of contract and fraud claims. The litigation was vigorously prosecuted on behalf of the employee, who alleged that he had protested fraudulent loan practices. Our client terminated the employee’s employment for, among other things, his role in fraudulent loans for personal benefit.

Over two years ago, HBW stepped into litigation that had been ongoing for nearly a decade. The case was a complex putative class action asserted against multiple defendants in the equipment leasing industry including our client, a major international financing company. After achieving dismissal of several claims, Karla Kraft and Fred Wilks obtained preliminary approval from the court of a very favorable class-wide settlement that resolves with finality both the individual plaintiffs’ and the class’ claims, ending more than ten years of litigation that spanned three states and six courts.

Ralph Winter and Andrea Bishop recently assisted a client in reorganizing a group of companies he had owned and operated with a business partner for more than fifteen years. The companies are engaged in worldwide shipping and logistics and own real property in the United States and several foreign countries. Due to the long-standing relationship between the parties and the complex nature of the companies’ operations, it took the parties more than a year to complete negotiations related to the transaction.

SUPREME COURT REVIEW

HBW hosted its second annual Supreme Court Review featuring Dean Erwin Chemerinsky of the University of California, Irvine School of Law. Dean Chemerinsky shared his entertaining and insightful analysis of recent U.S. Supreme Court decisions and trends.

HBW IN THE COMMUNITY

Matt Hodel and Terrie Kading coached the Tesoro High School Mock Trial Team to its sixth consecutive undefeated regular season in the Constitutional Rights Foundation’s annual competition.

The team, also coached by Tesoro English teacher Colleen Harnett, made it to the County championship for the second time in the last three years and ultimately placed second out of 37 Orange County teams.

Team members Regine Goh, who will attend UCLA in the fall, and Ryan Pallas, who will head to Harvard, received county-wide awards as Outstanding Pre-Trial Attorneys. It was Matt’s ninth year coaching the team and Terrie’s fourth.

MATT HODEL: “SUPER LAWYER”

The publishers of Los Angeles Magazine and Law & Politics have selected Matt Hodel as a “Super Lawyer” in the area of Business Litigation for the sixth consecutive year.

HBW WELCOMES TWO NEW LAWYERS

Ashley Merlo has joined the HBW Litigation Department. Ashley’s training as a litigator began at the age of 11, when she was reading deposition transcripts from a construction defect lawsuit involving her family’s home as though they were Grisham novels. While the lawsuit caused her parents much anxiety and stress, it fascinated Ashley. She picked up her father’s deposition transcript and read it cover to cover in one night, unable to put it down. Ashley then proceeded to give her parents advice on how to win the case . . . which they did.

After graduating from Stanford University, Ashley attended UC Hastings College of the Law, where she graduated 7th in her class of over 400, was a member of the Hastings Business Law Journal. Her moot court team won the National Wagner Labor Law Moot Court competition and best brief award. Ashley graduated Order of the Coif and magna cum laude.

She represents clients in a wide variety of general business litigation and intellectual property matters, including complex breach of contract claims, business tort claims such as fraud, unfair business practices and misappropriation of trade secrets, as well as trademark, copyright and patent infringement claims. In addition, Ashley has successfully represented clients in connection with the prosecution of trademarks and inter partes proceedings before the Trademark Trial & Appeal Board.

Ashley was previously an associate in the Business Trial and Intellectual Property Litigation departments of Sheppard Mullin Richter & Hampton LLP. In her spare time, Ashley swims for the Nova Masters Swim Team, runs with South Coast Roadrunners, and actively competes in local running and triathlon races.

Joseph R. Anderson has joined the HBW Employment Department. Joe began developing many of the skills that would help make him an effective litigator in his youth. Whether it was proving that, as the youngest of three boys, he could keep up intellectually and physically with his older brothers, beating his entire eighth grade social studies class at Trivial Pursuit, or going from a scrawny 100-pound freshman to captain of his high school varsity football team, Joe has always enjoyed competing, even against a seemingly stacked deck. The same competitive desire that fueled him throughout his youth has driven him to seek and relish victory for his clients as an employment litigator.

Joe represents employers in a wide range of labor and employment matters, including those involving employment discrimination, disability law, alleged wage and hour violations, wrongful discharge, retaliation, and compliance matters. Joe enjoys using his legal acumen to serve the less fortunate, and was recently honored with the California State Bar Wiley W. Manuel Award after providing over 100 hours of pro bono work. Joe graduated from the University of California, Los Angeles School of Law.

Prior to earning his bachelor’s degree in Italian from Brigham Young University, Joe lived in Northern Italy for two years. During that time, he traveled extensively throughout the country and gained a deep love and appreciation for the Italian people and their culture. Joe speaks fluent Italian.

Before joining Hodel Briggs Winter LLP, Joe was an associate in the Employment Law department at Paul Hastings LLP. In his free time, Joe is an avid reader and music lover, and enjoys any and all athletic endeavors, whether as a spectator or participant, including coaching his own children’s teams.

UCI SCHOOL OF LAW CELEBRATES INAUGURAL COMMENCEMENT

For the past three years, Karla Kraft has served on the Founding Dean’s Cabinet at the new University of California, Irvine School of Law, which graduated its inaugural class on May 5. Karla frequently speaks at law school events, meets with students regarding their search for employment, assists with fundraising, contributes ideas, and mentored 2012 graduate Jessica Glynn through all three years of law school. The HBW family congratulates all the new grads!

HBW SPEAKS OUT

Matt Hodel was a panelist at the Orange County Bar Association’s Continuing Legal Education Marathon. He spoke on “Legal Ethics: Do the Right Thing and Avoid Malpractice.”

Ralph Winter was a featured speaker at a seminar on “Liquidity Options, Value-Building Strategies and Transition Planning for Business Owners” sponsored by the Orange County Business Group.

Matt Hodel and Ashley Merlo were panelists for the Continuing Education of the Bar’s 30th annual presentation of “Recent Developments in Civil Litigation.”

Sean Shahabi and Kymberleigh Damron-Hsiao were presenters at the recent “Employment Law Update in California” in Marina del Rey. Sean spoke on “Wage and Hour Issues and Developments.” Kym spoke on “E-Mail in the Workplace and Other Social Media Issues,” and the duo teamed up for a presentation on “Managing the Interactive Process and Reasonable Accommodations.”

Matt Hodel and Fred Wilks recently presented “Special Issues of Professional Responsibility for In-House Counsel” to the Corporate Counsel section of the Orange County Bar Association.

Matt Hodel and Ralph Winter presented “Building a Law Practice” to students at Whittier Law School.

Professional Highlights

In addition to litigating single-plaintiff cases and large-scale class and collective actions in both California state and federal courts, Joseph has successfully represented clients in administrative agency investigations, private arbitrations, and mediations. Mr. Anderson also regularly counsels employers on day-to-day employment matters such as personnel policies, employment handbooks, terminations of employment, and reductions in force.

Before joining Hodel Briggs Winter LLP, Joseph was an associate in the employment law department at Paul Hastings LLP.

Education

Joseph graduated from the University of California, Los Angeles School of Law. Prior to law school, Mr. Anderson earned his B.A. degree in Italian from Brigham Young University.

Matt Hodel recently proved that, yes, commercial banks are still able to win jury trials against business borrowers and guarantors in this difficult milieu. In June, Matt successfully tried a three-week jury trial in the Orange County Superior Court for our client, one of California’s largest commercial banks. The trial court denied our motion for summary judgment and, at trial, defendants, who were sophisticated, experienced real estate developers, asserted 14 different defenses. The jury rejected all defenses, and found for our client, awarding it nearly $1.5 million. In the next phase, our client will move for prevailing party attorneys’ fees.

Glenn Briggs, Theresa Kading and Beth Kearney went to trial in downtown Los Angeles to defend their client, a national retail chain, in a disability discrimination and harassment case brought by an employee who had worked for it for 21 years. Plaintiff alleged she injured herself in the store, and then took a four-month leave of absence. Upon her return, the company discovered she had committed fraud and terminated her employment. She then sued the company, alleging 15 employment related claims and seeking punitive damages.

On pre-trial motions we were able to have 10 of her claims dismissed, including her punitive damages claim. After a three week trial, the jury returned a verdict for our client on all remaining claims, except on a single claim for disability harassment, where it awarded her less than 10 percent of her final demand. We then filed a motion for judgment notwithstanding the verdict regarding that lone claim. The court recently granted our motion, directing that judgment be entered in our client’s favor and
against the employee, rendering judgment wholly in favor of our client.

FEDERAL COURT AWARDS CLIENT $1.5 MILLION FOLLOWING SANCTIONS RULING

In what must be one of Southern California’s largest discovery sanction awards this year, Matt Hodel and Fred Wilks were able to obtain a $1.5 million judgment, which includes punitive damages and attorneys’ fees, in a trademark and copyright infringement action from federal district court Judge David O. Carter. The judgment was issued in our client’s favor without trial after the court ruled that the infringer had repeatedly lied under oath, disregarded discovery obligations, and disobeyed court orders.

HBW IN THE NEWS

HBW has once again been recognized as a “Go-To Law Firm” by Corporate Counsel Magazine’s “In-House Law Departments at the Top 500 Companies.” This is the fourth year the firm was selected for
this recognition.

Thorey Bauer and Theresa Kading were named as “Rising Stars” in the area of Employment Litigation: Defense and Employment & Labor by the publishers of Los Angeles Magazine and Law & Politics.

34th Annual Dana Point Turkey Trot

HBW is once again a proud sponsor of the annual Dana Point Turkey Trot on Thanksgiving morning. We invite all of our friends and colleagues to join us for this year’s run/walk, which will raise funds for the Second Harvest Food Bank of Orange County.

Please contact Eileen Salazar at (949) 450-4430 to register for our team.

ADDITIONAL SUCCESSES FOR OUR CLIENTS

Karla Kraft and Fred Wilks recently achieved a successful resolution for our client, a commercial real estate financing company, in a complex dispute involving 33 related lawsuits. Our client was the lender on a 1.5 acre mixed-use project on Sunset Boulevard. The owner defaulted in 2008, and extensive litigation ensued. After successfully filing a demurrer and obtaining dismissal with prejudice on six of the seven causes of action asserted against our client, we helped negotiate an agreement with a third-party purchaser that took out our client, provided a monetary recovery, and resolved all claims against our client.

NEW ASSOCIATE JOINS HBW EMPLOYMENT DEPARTMENT

Graduating from UC Berkeley and then UCLA Law School are notable accomplishments, but the amazing part of Dani Nguyen’s journey to the practice of law began 25 years ago, with a middle-of-the-night escape into the jungles of Communist Viet Nam. That day, with only a small bag of clothing and food, Dani and her family followed the lead of a Cambodian “coyote” into the jungle. At just age three, Dani embarked on a three month journey that would make Man vs. Wild proud, living off whatever food the jungle provided (snake, anyone?).

After emerging from the jungle, they were crammed into the cargo bay of a small boat with 70 other refugees and sailed up the coast to Thailand. After literally being tossed into the ocean, Dani and her family made it safely to shore even though no one knew how to swim. Dani’s family spent six months in a refugee camp waiting for the U.S. government to grant them refugee status.

Dani and her family relied on that same determination to establish their life in California. Although both of her parents were high school teachers in Viet Nam, the entire family worked as garment laborers, sewing endless hours for just pennies a garment. Ultimately, the whole family succeeded: not only did all four kids obtain post-graduate professional degrees, but the same year that Dani graduated from UC Berkeley, her father (at age 55) graduated from CSU Fullerton.

Throughout her legal career Dani has prioritized helping others. In 2010, Dani received the State of California’s Wiley W. Manuel award for pro bono legal services, after dedicating over 100 hours to pro bono work. Dani continues to volunteer with the Public Law Center.

Today, Dani is a member of HBW’s Employment Department, where she represents employers in a wide range of employment and labor matters, including alleged wage-and-hour violations, employee misclassification, employment discrimination, workplace harassment, wrongful retaliation, and wrongful termination. Prior to joining the firm, Dani was an associate at Crowell & Moring.

Not surprisingly, Dani enjoys traveling and has visited more than 20 countries, but now by the comfort of airplanes and hotels.

HBW IN THE COMMUNITY

 Dani Nguyen, Beth Kearney and Glenn Briggs joined Glenn’s law school classmate and event chairperson, Judy Lam (third from left), at this year’s fundraising gala for the Asian Pacific Women’s Association at the Walt Disney Concert Hall. APWA is a not-for-profit organization that provides financial, housing and other assistance to women escaping abusive environments.

The University of California, Irvine Law School held its inaugural moot court competition this spring. Matt Hodel and Fred Wilks served as judges for the oral arguments, and Karla Kraft was one of the judges for the best brief award.

HBW Presents

Ralph Winter was a panelist at “Merger and Acquisition Strategies for Sellers and Buyers,” sponsored by the Orange County Business Group on May 19th at The Center Club in Costa Mesa, CA.

Karla Kraft moderated a Continuing Education of the Bar (CEB) panel on “Discovery: Creating Your Plan; Propounding & Responding to Discovery; Handling Objections” on May 6th in downtown Los Angeles.

Professional Highlights

Ms. Merlo’s litigation experience includes complex breach of contract claims, business tort claims such as fraud, unfair business practices and misappropriation of trade secrets, as well as trademark, copyright and patent infringement claims. 

In addition, Ashley has successfully represented clients in connection with the prosecution of trademarks and inter partes proceedings before the Trademark Trial and Appeal Board.

Ms. Merlo previously was an associate with the Orange County office of Sheppard Mullin Richter & Hampton LLP.

In The Community

Ashley is a member of the Orange County Bar Association and a member of the Business Law and Intellectual Property Law sections of the State Bar.

Ms. Merlo is an active participant with the Leukemia & Lymphoma Society’s Team In Training Program and has mentored a group of runners through a marathon event.

Education

Ashley graduated Order of the Coif and magna cum laude from the University of California, Hastings College of the Law and was elected to the U.C. Hastings Thurston Society. Ms. Merlo also was a member of the Hastings Business Law Journal and a brief writer and oral advocate on the Hastings labor law moot court team, which won the National Wagner Labor Law Moot Court Competition. Before attending law school, Ashley earned her bachelor’s degree from Stanford University where she graduated with distinction and as a Collegiate All-American, and was honored with the Ann C. Seminara Award for the most outstanding senior Public Policy Student and the Block S Honor for Women, awarded to the Senior letter winner with the highest GPA.