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James M. Wagstaffe

Partner

The First Amendment is not a hunting license
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415-357-8900

Email

wagstaffe@wvbrlaw.com

James (Jim) M. Wagstaffe is a trial attorney in San Francisco who handles a diverse range of litigation matters. His practice focuses on complex litigation, professional and governmental representation, will and trust disputes, legal ethics, and First Amendment matters. In addition, Jim is recognized as an authority and frequently is consulted by other law firms and clients alike on complicated civil procedure, ethics, attorneys’ fees and trial practice issues. See, e.g., Delta Forensic Engineering, Inc. v. Delta V Biomechanics, Inc. (C.D. Cal. 2021); O’Keefe v. Target Corporation (N.D. Cal. 2020).

Jim is also the author of two widely-used, multi-volume Practice Guides (one on federal practice and the other on California practice, both published jointly by The Wagstaffe Group and Lexis Nexis, 2021). In recognition of his extensive experience as a litigator and contributions to developments in the law, Jim was appointed by Chief Justice John Roberts in 2015 to the Federal Judicial Center Foundation Board where he currently serves as its Chair.

In addition, Jim teaches Civil Procedure at UC Hastings College of the Law and regularly publishes articles on civil practice and first amendment issues. And for more than thirty years, he has been responsible for development and delivery of various annual forums, seminars, webinars, and workshop sessions directed at educating federal judges and their respective clerk staffs on civil procedure and other aspects of federal law.  In recognition of this work, Jim received the coveted Judge John R. Brown Award for Judicial Scholarship and Education awarded by the Federal Judicial Center in recognition as the top teacher of federal judges in the country.

Jim has been consistently named one of the Top 100 Super Lawyers in Northern California recognizing his specialties in both trial and appellate practice.   In addition, in 2017, he was selected as California Lawyer Attorney of the Year for his successful representation of The State Bar of California in a high-profile privacy trial.

Cutting Edge Litigator

Jim’s reputation as litigator is exemplified by his frequent retention in high stakes cases where his strategic and procedural expertise is particularly invaluable. Jim’s clients over the years have included the New Yorker Magazine, the San Francisco Chronicle, the Golden State Warriors, the State Bar of California, the Government of Australia, and Robin Williams’ widow in the trust litigation following his untimely death.

Jim has tried multiple jury and court trials resulting in multi-million dollar verdicts for the firm’s clients (or avoid such high-level exposures when representing defendants). These include:

  • Successful federal whistleblower jury trial against Bio-Rad producing a $14.6 million judgment. This jury verdict (affirmed by the 9th Circuit in 2019) is the largest Dodd-Frank jury verdict in history.
  • 2017 jury trial million dollar verdict in a defamation action filed in San Luis Obispo County. It was the largest verdict of this type in the County for several years.
  • Obtaining success for plaintiffs on an anti-SLAPP motion in case against City of Vallejo and thereby obtaining a $2.4 million settlement while matter on appeal in action brought by couple wrongfully accused of faking their kidnapping.
  • Successfully representing the Golden State Warriors when sued for $55 million by Alameda County for claims arising out of its Arena lease.
  • Winning a $5 million judgment jury verdict in San Francisco for a law firm partner suing a former partner for breach of contract.
  • The successful defense of a Trustee sued for over $100 million by disgruntled beneficiaries.
  • An across-the-board trial victory for the State Bar of California in the high-profile Sander case invoking the rights of Bar applicants to maintain privacy as to demographic and racial data.

Jim’s practice includes substantial work on virtual world issues, including electronic discovery, related legal ethics questions, and Wi-Fi technology. He was the successful lead attorney in the seminal e-discovery case, Qualcomm, Inc. v. Bathchelder et al., 327 Fed. Appx. 877 (Fed. Cir.). Several years ago he began representing the Australian government in high profile litigation involving the patent for indoor wireless technology. See Microsoft Corp. v. Commonwealth Scientific and Indus. Research Organisation, 297 Fed. Appx. 970 (Fed. Cir.).

The State Bar of California looked to Jim for over 15 years to handle its most challenging cases, including those raising serious constitutional issues. For example, Jim successfully argued the high-profile In re Garcia case before the California Supreme Court. In Warden v. State Bar of California, Jim also represented the Bar in a lawsuit in which the plaintiffs alleged the exemptions from the MCLE (continuing education) program were unconstitutional. The matter went up to the California Supreme Court, which ruled in favor of the Bar.

Jim is considered one of the most sought after First Amendment/defamation lawyers in the country. He has represented broadcasters, newspapers, magazines, celebrities and public officials, as well as a host of others – both as plaintiffs and defendants. He has been the lawyer on many of the leading anti-SLAPP cases in California and has tried more defamation cases to trial than perhaps any attorney in the state. Jim’s First Amendment and media experience is exemplified by his successful defense of The New Yorker Magazine in the seminal libel trial Masson v. New Yorker, 832 F. Supp. 1350 (N.D. Cal.), aff’d 85 F.3d 1394 (9th Cir.). Also by way of example, Jim obtained an injunction for airline pilots to exercise their free speech rights to commentate at Midway Airport. Southwest Airlines Pilots’ Association v. City of Chicago, 186 F.Supp.3d 836 (N.D. Ill.).

Appellate Lawyer

In addition to his leadership as a trial lawyer, Jim is highly active in the firm’s appellate practice. He handles appeals in both state and federal courts, representing clients seeking to affirm a favorable trial court decision as well as those whose goal it is to obtain a reversal. Jim has established an enviable track record on appeal and has led the way in a number of groundbreaking decisions. For example, Jim has successfully argued many cases in the California Supreme Court including the anti-SLAPP statute victory in Baral v. Schnitt (2016) and In re Garcia (2014).

In addition, Jim has numerous appellate victories for governmental parties including achieving a total victory in a multi-million dollar takings case for the City of San Rafael MHC v. San Rafael, 714 F.3d 1118 (9th Cir.) obtaining an affirmance of a civil rights dismissal, Douglas v. Town of Portola Valley, Fed. Appx. 728 (9th Cir.) and a CEQA victory for the City of Redwood City in Wilson & Wilson v. City Council of Redwood City, 191 Cal. App. 4th 1559.

In Kremen v. Cohen, 337 F 3d 1024 (9th Cir.), Jim secured a sweeping victory from the Ninth Circuit Court of Appeals in a landmark decision with far reaching implications in all areas of domain name registration and Internet infrastructure. Similarly, in Theofel v. Farey Jones, 359 F.3d 1066 (9th Cir.), Jim succeeded in obtaining a reversal of the district court’s dismissal of his clients’ lawsuit in a published decision that established new boundaries on subpoenas aimed at email communications.

Businesses, individual, and government entities and agencies, and notably, other lawyers, are among the many clients who seek out Jim to represent them at trial and on appeal. See, e.g., Lintz v. Lintz, 222 Cal.App.4th 1346 (leading case in state on testamentary capacity); In re Apple, Device Address Book Litigation (2014) (appointed lead attorney in nationwide class action); In re Cathode Ray Tube Antitrust litigation (2013) (attorneys for Dell Computer in national class action). In his almost three decades of appellate experience, Jim has represented parties and amici on appeal in matters involving constitutional and civil rights claims, defamation cases, environmental/CEQA, probate disputes, securities fraud, and consumer rights, just to name a few. A listing of Jim’s appellate cases is set forth below.

Author, Speaker, Professor

In addition to Jim’s courtroom experience, Jim has authored and co-authored a number of publications, including The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial, published by Lexis Nexis in 2017 and Matthew Bender-The Wagstaffe Group California Practice Guide: Civil Procedure Before Trial, also published by Lexis Nexis in 2020. Jim’s prolific other recent legal publications are listed below.

Jim has also authored books and articles on free speech matters and public speaking.  For example, Jim has published many articles in recent months on “hot” first amendment topics (see below). He also (1) authored Romancing the Room (Random House) — a spirited step-by-step guide to effective public speaking and (2) was a contributing author with Arthur Sulzberger Jr., Larry King, and Ira Glass, among others, to The Expert’s Guide to 100 Things Everyone Should Know How to Do (Clarkson Potter 2004).

Jim is committed to sharing his knowledge and experience with judges, lawyers and students alike. Jim has served as an instructor at the Federal Judicial Center’s annual “New Judges Workshop” since 1988, educating newly-appointed federal judges on all aspects of federal procedure. Throughout the year, Jim has been asked to present, moderate and participate in panel discussions and seminars throughout the country with other judges and lawyers on current topics of interest to the legal community.

In addition, Jim is an adjunct professor in constitutional law and civil procedure at Hastings College of the Law and in Media Law at San Francisco State University. He has also taught the Practical Speech Communication course at Stanford University for over 40 years.  See below for a sample of Jim’s many presentations on a variety of topics in the last few years.

Teaching and Writing on Implicit Bias

In recent years, Jim has also demonstrated an abiding commitment to providing training and written materials to judges, lawyers and law firms on the topic of implicit bias in the profession and systemic racism.  Drawing upon many years of representing victims of discrimination, sexual assault and workplace harassment, Jim has conducted innumerable workshops, made presentations, and provided written materials to those within and without the legal profession on these topics.  And starting in 2021, Jim has formed the company Breaking BarrierZ to provide online and other continuing education programs addressing these vitally important topics.

In particular, Jim has played the leading role in two of the highest profile diversity cases in California—both of which involved Jim’s argument to the California Supreme Court.  See In re Sergio Garcia (Supreme Court holds undocumented immigrant is entitled to be licensed as a California attorney); Sander v. State Bar of California (trial victory after remand from Supreme Court protecting privacy rights of applicants of color filing to take bar exam).

Jim also works with non-profit companies working on diversity issues. For example, Jim currently is a Board member of The Humankind Alliance¸ a non-profit organization dedicated to increasing awareness and addressing breakdowns in law enforcement interactions with the diverse members of our communities.

Student

  • University of California, Hastings College of the Law
    • David Snodgrass Overall Moot Court Winner, 1979, J.D. 1980
  • Stanford University
    • Winner Medaille Voltaire 1976
    • DSR-TKA National Public Speaking Champion, 1977
    • B.A., Communications (with distinction) 1977

Graduate and Undergraduate Professor and Teacher

  • U.C. Hastings College of the Law, Civil Procedure, Constitutional Law, 1993-Present
  • Stanford University, Public Speaking, 1976-Present
  • San Francisco State University, Journalism Law, 1984-Present
  • U.C. Santa Cruz, Quarterly Media Law & Ethics Seminars, 1987-Present

Professional Teaching

  • Federal Judicial Center
    • Present at Annual Orientation Training for Newly Appointed Federal Judges, 1988-Present
    • Present at Annual Judges’ Workshops, Circuit Workshops, District Court Conferences and MDL Conference, 1986-Present
    • Present for Law Clerks at national and district level (2010-Present)
  • Federal Bar Association
    • Present ~12 MCLE Programs “How to Win a Case From A Judges’ Perspective,” national and regional, 2016-Present
    • Present at Multiple FBA national and regional conferences, 2015-Present
  • Mandatory Legal Education Programs
    • Present ~12 MCLE Programs “How to Win a Case From A Judges’ Perspective,” national and regional, 2016-Present
    • Moderate and Present at countless legal education programs sponsored by LexisNexis on wide-range of subject matter focused on the Courts and regional and and national legal practitioners (2016-present), Practicing Law Institute California Evidence Program (2012-2013), and The Rutter Group (1983-2016)
    • For a list of MCLE Programs see section below: “Illustrative Recent Speeches, MCLE Programs and Podcasts”
  • Selected by Super Lawyers as one of the Top 100 attorneys in Northern California (2017, 2018, 2019, 2020, 2021)
  • Federal Judicial Center Foundation Board, Chair, appointed by the Chief Justice of the United States Supreme Court  (2015-Present)
  • California Lawyer Attorney of the Year (2017)
  • Commencement Speaker, San Francisco State University (2017)
  • Alumnus of the Year, Hastings College of the Law, selected by students (2016)
  • Judge John R. Brown Award for Judicial Scholarship and Education, Federal Judicial Center (recognition as the top teacher of federal judges in the country) (2011)
  • Teacher of the Year, Hastings College of the Law, selected by students (2009, 2011)
  • Commencement Speaker, Hastings College of Law (2009, 2011)
  • Top Twenty Lawyers of the Year, California Lawyer (December 1999)
  • James Madison Freedom of Information Award, The Society of Professional Journalists (1991)
  • Matthew Bender, The Wagstaffe Group Practice Guide: California Civil Procedure Before Trial (Lexis Nexis) (2021) (Online Platform and 3-volume book)
  • The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial (Lexis Nexis) (2021) (Online Platform and 3-volume book)
  • Lexis Nexis Current Awareness Updates (bi-weekly for California and Federal Practice Guides, 2019-Present)
  • Lexis Nexis Litigation Practice Videos (300 + videos included with online California and Federal Practice Guides)
  • California Trial Evidence (Practising Law Institute; Litigation and Administrative Practice Course Handbook Series, 2013)
  • The Expert’s Guide to 100 Things Everyone Should Know How to Do (Clarkson Potter, 2004), Contributing Author
  • Romancing the Room (Random House, 2002)
  • Federal Practice Guide: Civ. Proc. Before Trial (Co-Author with Judges William W Schwarzer and A. Wallace Tashima, The Rutter Group 1988-2018)
  • California Legal Ethics (The Rutter Group, 1999)
  • Mastering Deposition Objections as a Potted Plant” – Federal Bar Association SideBar Magazine (May 2021)
  • Personal Jurisdiction: Not Built Ford Tough” – LexisNexis Practical Guidance Magazine, re: Supreme Court’s March 25, 2021 Decision in Ford Motor Co. v. Montana Eighth Judicial District (April 2021)
  • Time to Reconsider the 14th Amendment Relating to the Insurrection” – Just Security Magazine (February 11, 2021)
  • Incitement to Violence Ain’t Free Speech” Just Security Magazine, (January 15, 2021)
  • 7 Steps for Mastering Rule 30(b)(6) New ‘Confer in Good Faith’ Prerequisite” – Law360 (December 2020)
  • “Trump has a ‘Right to Pursue Legal Challenges’ to Election, But Not Without the Facts” – re: Federal Rule of Civil Procedure 11 and recent election filings in federal court, Just Security (November 13, 2020)
  • “No Right to File Frivolous Lawsuits”Slate Magazine (November 2020)
  • “What to Expect on Key Civil Procedure Issues from Justice Barrett” – Law360, (September 29, 2020)
  • To Doe or Not to Doe in Federal Court”Lexis Nexis Practice Advisor Journal (June 2020)
  • “7 Steps to Romancing the Virtual Classroom” – Law360 (May 20, 2020)
  • “Capture the Flag: Winning With Forum Selection Clauses”California Litigation Magazine, Vol. 33, No. 1 (2020)
  • Seven Essential Steps to Winning Your Motions”Lexis Nexis Practice Advisor Journal (March 2020)
  • The Enforceability of Boilerplate Contractual ProvisionsThe Lexis Practice Advisor Journal (Spring 2020)
  • Tips for Making Your Case Disappear from Your Opponent’s Choice of ForumThe Lexis Practice Advisor Journal (Winter 2020)
  • Drill Baby Drill: Diversity Jurisdiction in the 21st Century”Lexis Nexis Practice Advisor Journal (October 2019)
  • Innovatively Presenting Witnesses Virtually in 21st Century Trials”Law360 (August 2019)
  • Examine Diversity Jurisdiction By Drilling Into Citizenship” Law360 (October 24, 2019)
  • Supreme Court’s Stealth Revolution in Civil Procedure – LexisNexis Practical Guidance Magazine (July 2019)
  • Removal and Remand Magic: Seven New Tricks to Make Your Case Disappear From Your Opponent’s Choice of Forum” – Lexis Nexis Practical Guidance Magazine (July 2019)
  • The Challenge to Change: Learning the Hot New Litigation Developments”Lexis Nexis Practical Guidance Magazine (June 2019)
  • “Seven Summary Judgment Survival Skills” – The Practical Guidance Journal (Spring 2019)
  • 5 Essential Tips for Surviving the Supreme Court’s Tectonic Changes to the Meaning of ‘Jurisdiction’ and the Spokeo Standing Earthquake”Lexis Nexis Practical Guidance Magazine (April 2019)
  • Erie Railroad Rule on Brave New Track”Lexis Nexis Practical Guidance (March 2019)
  • “The Things They Don’t Teach You in Law School” Lexis Nexis Practical Guidance Magazine (February 2019)
  • “Five Battle Strategies for Capturing the Removal Flag” – Lexis Nexis Practical Guidance Magazine (November 2018)
  • “Protecting Reputation in an Online World” – LexTalk (July 13, 2018)
  • “Survival Skills in Federal Court” – San Diego Bar Association (June 22, 2021)
  • “Recent Developments in Federal Procedure” – California Lawyers Association, Litigation Section Annual Update (May 14, 2021)
  • “Mining the Gold Nuggets of Federal Practice” – Presentation to Federal Bar Association, Middle District of Florida (May 12, 2021)
  • “Home Run Motions in Federal Court” – Instructor at Federal Judicial Center (Washington, D.C.) Orientation for New Federal Judges (May 6, 2021)
  • “Hot Topics in Federal Procedure” – Presentation to Law Firm Reed Smith (May 4, 2021)
  • “Free Speech at the Supreme Court,” Interviewed on Podcast “Conversations at the Schoolhouse Gate” in connection with U.S. Supreme Court case, B.L. v. Mahanoy (April 16, 2021)
  • “Media Law & Ethics—The Right to Publish Does Not Always Make it Right” – Presentation to U.C. Santa Cruz Press Center students and faculty (April 8, 2021)
  • “Free Speech & Social Media” – San Mateo Rotary Club (April 1, 2021)
  • “Must Know, Hot New Cases” – United States Department of Justice (March 25, 2021)
  • “FJC Federal Law Clerks Program: Mining Federal Golden Nuggets” (March 19, 2021)
  • “Writers and the Law” – San Francisco State University presentation (March 8, 2021)
  • “Journalism Ethics: Case Studies” – UC Santa Cruz media students and faculty presentation (Winter 2021)
  • “Northern District of California: Gatekeeping Trends in Federal Court” (January 27, 2021)
  • Romancing the Virtual Classroom” – Lexis Nexis National Webinar (January 14, 2021)
  • “District of Puerto Rico: Mining Federal  “Golden Nuggets” (December 3, 2020)
  • “Should There Be a Statute of Limitations on Statues” – San Mateo Rotary Club (November 13, 2020)
  • “Staying Out of the Lawyer’s Office” – UC Santa Cruz media students and faculty presentation (November 13, 2020)
  • “Recent Developments in Federal Procedure” – California Lawyers Association, Litigation Section Annual Update (October 13, 2020)
  • “FJC Court Web: Essential Gatekeeping in a Covid-19 World” (July 22, 2020)
  • “Big Changes in Procedural Law Equals Big Opportunity to Win Cases”
    – Lexis Nexis National Webinar (June 8, 2020)
  • “Fiction Writers and the Law of Free Speech” – Sisters in Crime meeting (May 16, 2020)
  • Mining Federal Golden Nuggets” – District of Hawaii (May 13, 2020)
  • “Stanford Law School: Modern Litigation Messes:
    ESI, Privilege, Work Product & Inadvertent Disclosure” (April 8, 2020)
  • “Federal Home Run Motions: 3 Cases Off the Docket By Monday” – FJC New Judges’ Orientation Program in Washington, D.C. (February 24, 2020)
  • “Keynote: Telling Stories to Win Your Case” – San Francisco Bar Association (January 23, 2020)
  • “Advance Your Career with a Successful Summer” – Lexis Nexis Webinar (2020)
  • “Southern District of California: Finding the Ripcords: Federal Practice” – (October 15, 2019)
  • “Five Things Every Associate Needs to Know To Stay Ahead” – Lexis Nexis National Webinar (June 4, 2019)
  • “How to Win a Case From a Judge’s Perspective” – Multiple Federal Bar Association and Lexis Nexis Presentations (2017-Present)
  • Supreme Court of the United States
  • Supreme Court of California / California State Courts
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the 10th Circuit
  • United States Court of Appeals for the 9th Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Wisconsin
  • American Bar Association
  • California Bar Association
  • Bar Association of San Francisco
  • Federal Bar Association
  • See Current News About Jim
  • Co-Producer for Documentary Film (Foosballers) (TV Premiere on ESPN 2020)
  • Co-Producer for the Broadway play (Getting’ the Band Back Together) (2018)
  • Appearance, Dateline, (“Twisted Tale”, as attorney for Denise Huskins and Aaron Quinn) (2015)
  • Appearance, 60 Minutes, (“Above the Law?”, as attorney for John Bollard), (1999)
  • Legal Counsel on multiple full-length documentaries
  • Peabody Award for legal counsel on the documentary “The DNA Project” (2005)
  • Professional Basketball Referee (earned way through school refereeing high school and college basketball games)
  • ZL Technologies, Inc. v. Does 1–7, 13 Cal. App. 5th 603 (July 19, 2017)
  • Huskins v. City of Vallejo, Case No. 2:16-cv-00603-TLN-EFB (E.D.CA June 30, 2017)
  • Barry v. State Bar of California, 2 Cal. 5th 318 (January 5, 2017)
  • Baral v. Schnitt, 1 Cal. 5th 376 (2016)
  • Heal the Bay, Inc. v. McCarthy, 671 Fed. Appx. 466 (9th Cir. Cal. November 28, 2016)
  • In re Rearden LLC, 841 F.3d 1327 (Fed. Cir. November 17, 2016)
  • Dell Inc. v. Hitachi, Ltd. (In re Cathode Ray Tube (CRT) Antitrust Litig.), 2016 U.S. Dist. LEXIS 182512 (N.D. Cal. October 3, 2016)
  • Rose v. Stephens Institute, 2016 U.S. Dist. LEXIS 128269, 2016 WL 5076214 (N.D. Cal. September 20, 2016)
  • Southwest Airlines Pilots’ Association v. City of Chicago, 186 F. Supp. 3d 836 (N.D. Ill. May 14, 2016)
  • Abbey v. Sheputis, 2016 Cal. Super., LEXIS 2603 (March 08, 2016)
  • Abbey v. Sheputis, 2015 Cal. Super. LEXIS 9943 (December 14, 2015)
  • Southern California Institute of Law, Inc. v. State Bar of California, 2016 Cal. App. Unpub. LEXIS 2657 (Cal. App. 2d Dist. April 13, 2016)
  • Southern California Institute of Law v. State Bar of California, 613 Fed. Appx. 659, 2015 U.S. App. LEXIS 14896 (9th Cir. Cal. Aug. 24, 2015)
  • In re Optical Disk Drive Antitrust Litigation, 801 F.3d 1072 (9th Cir. Cal. September 10, 2015)
  • Tenborg v. Calcoastnews, 2015 Cal. App. Unpub. LEXIS 5273 (Cal. App. 2d Dist. July 28, 2015)
  • Gabbert v. Kathleen, 2015 Cal. Super. LEXIS 8295 (July 22, 2015)
  • Galligan & Biscay v. Galligan, 2015 Cal. Super. LEXIS 9874 (February 20, 2015)
  • Cohen v. ZL Techs., Inc., 2015 U.S. Dist. LEXIS 1362, 2015 WL 93732 (W.D.N.C. Jan. 7, 2015)
  • Roe v. Estate of White, 2015 U.S. Dist. LEXIS 446 (N.D. Cal. January 5, 2015)
  • In re Hume, 2014 Cal. Sup. LEXIS 2768 (August 1, 2014)
  • In re Hume, 2014 Cal. Sup. LEXIS 2769 (August 1, 2014)
  • Roe v. White, 2014 U.S. Dist. LEXIS 101205 (N.D. Cal. July 14, 2014)
  • Danko v. Milgrom (In re O’Reilly & Collins), 2014 U.S. App. LEXIS 24787 (9th Cir. Cal. November 14, 2014)
  • Componex Corp. v. Electronics for Imaging, Inc., 58 F. Supp. 3d 912 (W.D. Wis. November 4, 2014)
  • Componex Corp. v. Electronics for Imaging, Inc., 2014 U.S. Dist. LEXIS 97690, 2014 WL 3556064 (W.D. Wis. July 18, 2014)
  • Componex Corp. v. Electronics for Imaging, Inc., 2014 U.S. Dist. LEXIS 149767, 2014 WL 5361946 (W.D. Wis. Oct. 21, 2014)
  • Commonwealth Science & Industrial Research Organisation v. Mediatek Inc., 2014 U.S. Dist. LEXIS 194384 (E.D. Tex. August 5, 2014)
  • Commonwealth Science & Industrial Research Organisation v. Mediatek Inc., 2014 U.S. Dist. LEXIS 194383 (E.D. Tex. Aug. 5, 2014)
  • Commonwealth Science & Industrial Research Organisation v. Mediatek Inc., 2014 U.S. Dist. LEXIS 65382 (E.D. Tex. May 12, 2014)
  • Commonwealth Science & Industrial Research Organisation v. Mediatek Inc., 2014 U.S. Dist. LEXIS 194381 (E.D. Tex. Aug. 5, 2014)
  • Commonwealth Science & Industrial Research Organisation v. Mediatek Inc., 2014 U.S. Dist. LEXIS 194379 (E.D. Tex. Aug. 4, 2014)
  • Commonwealth Science & Industrial Research Organisation v. Cisco Systems, 809 F.3d 1295, 2015 U.S. App. LEXIS 20942, 117 U.S.P.Q.2D (BNA) 1527 (Fed. Cir. Dec. 3, 2015)
  • Commonwealth Science & Industrial Research Organisation v. Cisco Systems, 2014 U.S. Dist. LEXIS 107612 (E.D. Tex. July 23, 2014)
  • Harper v. Lugbauer, 577 Fed. Appx. 663 (9th Cir. Cal. May 30, 2014)
  • Radware Ltd. v. A10 Networks, Inc., __ F.Supp.2d __ 2014 WL 1572644 (N.D. Cal. April 18, 2014)
  • In re White, __ Fed. Appx. __, 2014 WL 1101304 (March 21, 2014)
  • Radware, Ltd. v. A10 Networks, Inc., 2014 WL 631537 (N.D. Cal. February 14, 2014)
  • Opperman v. Path, Inc., 2014 WL 246972 (N.D. Cal. January 22, 2014)
  • Lintz v. Lintz, 222 Cal.App.4th 1346 (Cal.App. 6th Dist. January 14, 2014)
  • Radware, Ltd. v. A10 Networks, Inc., __ F.Supp. 2d __, 2014 WL 116428 (N.D. Cal. January 10, 2014)
  • In re Garcia, 58 Cal. 4th 440 (Supreme Court of CA 2014)
  • Graham-Sult v. Clainos, 738 F.3d 1131 (9th Cir. 2013)
  • Sander v. State Bar of Cal, 58 Cal.4th 300 (2013)
  • Pagtakhan v. Doe, __ F.Supp. 2d __, 2013 WL 639639 (N.D. Cal. November 21, 2013)
  • Harper v. Lugbauer, __ F.Supp.2d __, 2013 WL 5978321 (N.D. Cal. November 8, 2013)
  • Nahat v. Ballet San Jose, Inc., 2013 WL 5934705 (N.D. Cal. November 1, 2013)
  • Opperman v. Path, Inc., __ F.Supp.2d __, 2013 WL 5643334 (N.D. Cal. October 15, 2013)
  • Lintz v. Bank of America, N.A., 2013 WL 5432873 (N.D. Cal. September 27, 2013)
  • Abbey v. Fortune Drive Associates, LLC, 2013 WL 393462 (Cal.App. 1st Dist. July 29, 2013)
  • MHC Financing Ltd. Partnership v. City of San Rafael, 714 F.3d 1118 2013 WL 1633067 (9th Cir. 2013)
  • Graham-Sult v. Clainos, 2013 WL 1190294 (N.D. Cal. March 21, 2013)
  • Bigler v. Harker School, 213 Cal.App.4th 727 (Cal.App. 6th Dist. February 6, 2013)
  • Harper v. Lugbauer, 2012 WL 1499174 (N.D. Cal. April 9, 2012)
  • Douglas v. Town of Portola Valley, 468 Fed. Appx. 728 (9th Cir. 2012)
  • Doe v. University of Pacific, 467 Fed. Appx. 685 (9th Cir. 2012)
  • Ricciardi v. California, 2011 WL 6413766 (S.D. N.Y. December 13, 2011)
  • Wilson & Wilson v. City Council of Redwood City, 191 Cal.App.4th 1559 (2011)
  • Sander v. State Bar of California, 196 Cal.App.4th 614 (2011)
  • Elder v. National Conference of Bar Examiners, 2011 WL 4079623 (N.D. Cal. September 12, 2011)
  • Herson v. City of Richmond, 2011 WL 3516162 (N.D. Cal. August 11, 2011)
  • Cho v. UCBH Holdings, Inc., 2011 WL 3809903 (N.D. Cal. May 17, 2011)
  • Adetuyi v. City and County of San Francisco, 2011 WL 1878853 (Cal App. 1st Dist. May 17, 2011)
  • ZL Technologies, Inc. v. Gartner Group, Inc., 2011 WL 1831704 (9th Cir. May 13, 2011)
  • Digital Video Systems, Inc. v. Sun, 2011 WL 1134662 (Cal.App. 6th Dist. March 29, 2011)
  • In re Mercury Interactive Corp. Securities Litigation, 2011 WL 826797 (N.D. Cal. March 3, 2011)
  • Elder v. National Conference of Bar Examiners, 2011 WL 672662 (N.D. Cal. February 16, 2011)
  • Roe ex rel. Rodriguez Borrego v. White, 395 Fed.Appx. 470 (9th Cir. 2010)
  • In re D.R., 185 Cal.App.4th 852 (2010)
  • ZL Technologies, Inc. v. Gartner, Inc., 709 F.Supp.2d 789 (N.D. Cal. 2010)
  • In re Estate of Gridley, 2010 WL 4102359 (Cal.App. 1st Dist. October 19, 2010)
  • Shingle Springs Band of Miwok Indians v. Sharp Image Gaming, Inc., 2010 WL 4054232 (E.D. Cal. October 15, 2010)
  • Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC, 2010 WL 3703029 (N.D. Cal. September 16, 2010)
  • Geographic Expeditions Inc. v. Estate of Jason Lhotka, 2010 WL 3516116 (N.D. Cal. September 8, 2010)
  • Bay Guardian Co. v. New Times Media LLC, 187 Cal.App.4th 438 (Cal.App. 1st Dist. August 11, 2010)
  • Douglas v. Town of Portola Valley, 2010 WL 2898736 (N.D. Cal. July 21, 2010)
  • Roe v. White, 2009 WL 4899211 (N.D. Cal. December 11, 2009)
  • ZL Technologies, Inc. v. Gartner, Inc., 2009 WL 3706821 (N.D. Cal. November 4, 2009)
  • Zurich American Ins. Co. v. Electronics for Imaging, Inc., 2009 WL 2252098 (N.D. Cal. July 28, 2009)
  • Konig v. Dal Cerro, 2009 WL 636518 (N.D. Cal. March 11, 2009)
  • Commonwealth Scientific and Indust. Research Organisation v. Buffalo Technology (USA), 2009 WL 260953 (E.D. Texas February 3, 2009)
  • Kuo v. Sun, 2009 WL 162730 (Cal.App. 6th Dist. January 26, 2009)
  • Sutton v. Llewellyn, 288 Fed.Appx. 411 (9th Cir. 2008)
  • Commonwealth Scientific & Indus. Research Organisation v. Toshiba America Information Systems, Inc., 297 Fed.Appx. 970 (Fed. Cir. 2008)
  • Qualcomm Inc. v. Batchelder, 327 Fed.Appx. 877 (Fed. Cir. 2008)
  • Fresenius Medical Care Holdings, Inc. v. Baxter Intern., Inc., 2008 WL 2020533 (N.D. Cal. May 8, 2008)
  • Commonwealth Scientific & Indus. Research Organisation v. Toshiba America Information Systems, Inc., 2008 WL 4680559 (Fed Cir. (Tex.) October 23, 2008)
  • Konig v. Dal Cerro, 2008 WL 4628038 (N.D. Cal. October 16, 2008)
  • Gridley v. Gridley, 166 Cal.App.4th 1562 (2008)
  • In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 43 Cal.4th 1143 (2008)
  • Qualcomm Inc. v. Broadcom Corp., 2008 WL 638108 (S.D. Cal. March 5, 2008)
  • MHC Financing, Ltd. v. City of San Rafael, 2008 WL 440283 (N.D. Cal. February 12, 2008)
  • MHC Financing, Ltd. v. City of San Rafael, 2008 WL 440282 (N.D. Cal. January 29, 2008)
  • Arthur J. Gallagher, & Co., Inc. v. Edgewood Partners Ins., 2008 WL 205274 (N.D. Cal. January 23, 2008)
  • Levi v. State Bar of California, 2008 WL 53144 (N.D. Cal. January 2, 2008)
  • Poon v. Poon, 2007 WL 3360164 (Cal.App. 1st Dist. November 14, 2007)
  • O’Lee v. Compuware Corp., 2007 WL 963450 (Cal.App. 1st Dist. April 2, 2007)
  • People ex rel. Brown v. Tehama County Bd. of Sup’rs, 148 Cal.App.4th 790 (2007)
  • Coffee Lane Alliance v. County of Sonoma, 2007 WL 185478 (Cal.App. 1st Dist. January 25, 2007)
  • MHC Financial Ltd. Partnership v. City of San Rafael, 2006 WL 3507937 (N.D. Cal. December 5, 2006)
  • Sutton v. Llewellyn, 2006 WL 3371623 (N.D. Cal. November 21, 2006)
  • IntelCorp. v. Commonwealth Scientific and Indus. Research Organisation, 455 F.3d 1364 (Fed. Cir. 2006)
  • Big-D Const. Corp.-California v. Leprino Foods Co., 188 Fed.Appx. 563 (9th Cir 2006)
  • Franklin v. Terr, 174 Fed.Appx. 388 (9th Cir. 2006)
  • Miniace v. Pacific Martime Ass’n, 2006 WL 335389 (N.D. Cal. February 13, 2006)
  • In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 133 Cal.App.4th 154 (2005)
  • Schoenfeld v. Grabisch, 2005 WL 697975 (Cal.App. 1st Dist. March 28, 2005)
  • Schoenfeld v. Zwakenberg, 2005 WL 697990 (Cal.App. 1st Dist. March 28, 2005)
  • Z-Rock Communications Corp. v. William A. Exline, Inc., 2004 WL 2496158 (N.D. Cal. November 5, 2004)
  • Atkinson v. McLaughlin, 343 F. Supp.2d 868 (D.N.D. November 4, 2004)
  • Radil v. Sanborn Western Camps, Inc., 384 F.3d 1220 (10th Cir. 2004)
  • Central Garden & Pet Co., Inc. v. Scotts Co., 85 Fed.Appx. 633 (9th Cir. 2004)
  • Rader v. Sutter, 90 Fed.Appx. 268 (9th Cir. 2004)
  • Boylan v. McGeever, 2004 WL 1794484 (N.D. Ill. August 10, 2004)
  • Olagues v. Stafford, 316 F.Supp.2d 393 (E.D. La. 2004)
  • Zack v. Marin Emergency Radio Authority, 118 Cal.App.4th 617 (2004)
  • Chapman v. Enos, 116 Cal.App.4th 920 (2004)
  • Martinez v. Marin Sanitary Service, 349 F.Supp.2d 1234, (N.D. Cal. 2004)
  • Thoefel v. Farey Jones, 359 F.3d 1066 (9th Cir. 2004)
  • Hoffman v. State Bar of California, 113 Cal.App.4th 630 (2003)
  • Theofel v. Farey Jones, 341 F.3d 978 (9th Cir. 2003)
  • Airport Parking Services, Inc. v. City of San Bruno, 2003 WL 21205926 (Cal.App. 1st Dist. May 23, 2003)
  • Kremen v. Cohen, 337 F.3d 1024 (9th Cir. 2003)
  • Franklin v. Fox, 312 F.3d 423 (9th Cir. 2002)
  • Oakland-Alameda County Coliseum Authority v. CC Partners, 101 Cal.App.4th 635 (2002)
  • Glenn K. Jackson Inc. v. Roe, 273 F.3d 1192, (9th Cir. 2001)
  • Lee v. American Nat. Ins. Co., 260 F.3d 997, (9th Cir. 2001)
  • Carnegie Mellon University v. Hoffmann-La Roche, Inc., 148 F.Supp.2d 1004, (N.D. Cal. 2001)
  • Fricke-Parks Press, Inc. v. Fang, 149 F.Supp.2d 1175, (N.D. Cal. 2001)