Howard Rice well understands that for a substantial business client, the best trial is often the trial that is avoided in its entirety, either through dispositive pretrial motion or through judicious settlement. But Howard Rice as well understands that a favorable settlement is often achieved because its opponent anticipates the strength of an excellent opposing trial presentation, and that sometimes a trial cannot be avoided in a bet-the-company case.
If facing bet-the-company litigation in a case that may proceed to trial, bet on Howard Rice. When Major League Baseball Properties was faced with a $100 million intellectual property claim by a purported class of retired players, it turned to Howard Rice trial attorneys. When R. J. Reynolds was faced with damage suits throughout the entire western United States and South Pacific, it too turned to the trial attorneys at Howard Rice. And when prominent consumers' attorneys filed suit against one of our nation's leading retailers for more than $30 million for alleged overcharges, it turned to Howard Rice for trial of this highly complex action.
Howard Rice has a national reputation for excellence in high stakes, complex litigation. Our litigation practice runs the gamut from securities and consumer class action and unfair competition cases, to intellectual property disputes (including trademark, patent, copyright, trade dress and trade secret disputes), to employment and labor disputes, to product liability cases, to real estate and other commercial disputes. Our attorneys represent clients in various industries, including sports, technology, health care, media, investment management, banking, real estate, insurance and securities.
Howard Rice also has one of the leading professional liability practices with law firms and lawyers, investment advisors, architects and accounting firms looking to us for skilled representation in claims of malpractice, breach of fiduciary duty, conflicts of interest, malicious prosecution, partnership dissolutions and disciplinary proceedings.
We vividly understand that no single trial strategy or set of tactics can fit every case. Howard Rice realizes also that in today's era of increasingly complex litigation, where the few cases that are actually tried often involve enormous stakes, extensive experience in carrying out a wide variety of strategies and tactics can spell the difference between victory and defeat. For this reason Howard Rice has recruited several nationally prominent trial attorneys to add to the firm's existing wealth of trial experience. Our clients can rest assured that alternative trial strategies will be meaningfully explored, and the best strategy fitting the particular case pursued, executed by skillful trial tacticians.
The trial of a complex, modern commercial case is, however, not only about the courtroom argument and witness examination that Howard Rice attorneys practice so artfully. Success as well depends upon the ability to write and argue, usually outside of the jury's presence and frequently with little advance notice, highly effective in-trial briefs and motions designed to impact evidentiary and other legal rulings as the case proceeds. Howard Rice's nationally renowned research and writing abilities have been integrated seamlessly into its trial practice, so that the client can take advantage of the best available skill sets in every success-critical area of trial practice.
Attorneys in the group have tried over 100 cases, more than 80 of them to a jury. Accordingly, if your case involves a highly contentious factual dispute not likely to be resolved completely by pretrial motion, you would be well-advised to bet on Howard Rice.
Areas of Focus
Antitrust
Securities and broker-dealer litigation
Bankruptcy
Intellectual property
Product liability
Unfair competition and unfair business practices
Consumer class action defense
Employment disputes
Public entities
Banking
Business disputes
Corporation and partnership dissolution
High-net-worth marital dissolution
Disputes relating to mergers and acquisitions
Insurance
White collar crime
Administrative law
International business disputes
Representative Engagements of Howard Rice Attorneys
TheOakland Raiders against the City of Oakland, Alameda County, and the Oakland-Alameda County Coliseum, Inc. in a multi-million dollar fraud and breach of contract sit relating to the Raiders' 1995 return to Oakland from Los Angeles, resulting in a $34 million verdict for our client.
Major League Baseball Properties, in numerous intellectual property disputes including a class action brought by retired major league baseball players alleging breach of contract and breach of fiduciary duty relating to an agreement governing the licensing of player images. The plaintiffs sought more than $100 million in damages. A state court jury rejected plaintiffs' claims after a four-week jury trial.
Suit against nationwide retailer Kmart Corporation under the Unfair Competition Act seeking over $30 million refund for consumers plus fees for apparent pattern of scanner overcharges; the case was cut down by pretrial motion, challenged the proof of each remaining allegation left for trial, achieving a judgment as a matter of law for the defense, including award of costs, at the close of all evidence.
Pacific Gas & Electric Company,in a bench trial for estimation purposes in a bankruptcy of a multi-million dollar monopolization claim asserted against PG&E by other municipal utilities. In the published opinion following the trial, the court estimated the claim as having zero value.
A prominent San Francisco medical foundation in a breach of contract action against a Belgium multinational drug conglomerate for damages arising out of a clinical research agreement. After 18 days of hearings, a panel of three arbitrators rejected cross-claims by the drug company totaling over $25 million, and found in favor of our client for more than $33 million.
Represented General Chemical Corporation in a jury trial in a Texas state court in which multi-million dollar product liability suit brought by AMD was successfully defended.
A defense jury verdict in a patent infringement case for a manufacturer of heavy construction machinery.
A jury verdict and judgment in patent infringement case for $46 million on behalf of an inventor against international manufacturer. Jury also found infringement to be willful.
A defense jury verdict in a patent infringement case for a manufacturer of heavy construction machinery.
A jury verdict for $10 million on behalf of a small manufacturer of dishware against international conglomerate in breach of contract case.
A defense jury verdict on fraud and breach of contract claims on behalf of an artificial sports surface manufacturer.
A defense jury verdict in patent infringement case on behalf of a battery manufacturer.
A permanent injunction on behalf of a Fortune 100 manufacturer of medical devices in patent infringement lawsuit.
Defense verdict in a Northern California products liability action against brake manufacturer, involving death of both parents and serious injuries to two surviving children.
A directed defense verdict at the close of all evidence in a Sherman Act antitrust attempted monopolization case tried in U.S. District Court.
A defense verdict in federal court in Pittsburgh, Pa., in favor of a major sports camp operator and its athletic shoe/apparel sponsor, Nike, Inc., in a claim for breach of contract, fiduciary duty and fraud brought by a joint venture/partner in regional sports camps.
Defense verdicts in four civil RICO/fraud cases consolidated for trial in federal court, brought against franchisor by franchisees.
In defense of an $8 million product defect/construction delay suit by general contractor and designer of container cranes, successfully held the damage verdict against the subcontractor to $1.25 million, while obtaining a cross-complaint verdict of $2.9 million for negligent design and fraud in the bidding process.
Defense verdict in San Francisco suit against large insurance broker brought by paraplegic girl and business owner/mother for failure to procure appropriate insurance coverage as represented.
Defense verdict in unfair competition/trade secret/breach of fiduciary duty action in federal court against three departing key employees; won verdict in their favor of $1.3 million on counterclaim for defamation and breach of contract.
Verdict of $3.6 million for defamation against a large insurer.
Represented California Department of Insurance in a bench trial to recover illegal premiums and penalties. Achieved a successful entry of an administrative order on behalf of the Insurance Department.
Won judgment for plaintiff in a bench trial concerning use and access easements in lakefront vacation property in which court entered equitable relief.
After rescuing a case on appeal from an adverse ruling on summary judgment, conducted a jury trial alleging breach of implied covenant of good faith and fair dealing by the defendant who purchased the plaintiff's asset management business and made a promise to pay part of the purchase price from the new division's earnings, which resulted in a $2 million jury verdict in favor of our client.
Won a $33.3 million arbitration award for a local medical foundation, which was confirmed in federal court and paid in full.
Won a directed verdict for the defendants in an arbitration seeking $65 million resulting from derivatives contracts.
Representative Clients
Adaptec, Inc.
CMP Media, LLC
Gensler & Associates, Inc.
Hartford Accident and Indemnity Company
Hewlett-Packard Company
Longs Drug Stores Corporation
Major League Baseball Properties
Manulife Financial Corporation
Morgan Stanley
Pacific Gas & Electric Company
PalmSource, Inc. (now ACCESS Systems Americas, Inc.)
