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Representative Trials & SettlementsOverland Borenstein Scheper & Kim strives to achieve superior results as cost-efficiently as possible by investigating facts and analyzing issues early and correctly, by strategizing with our clients to achieve meaningful results, by employing our experience to seek creative solutions, and by insisting on outstanding written and oral advocacy. We take pride in securing favorable results sooner rather than later, often through early and innovative settlement approaches and through dispositive motions such as summary judgment. We are also skilled and experienced trial lawyers who do not hesitate to litigate matters – whether civil or criminal – to achieve the best and most meaningful results for our clients.In Civil MattersBreach of Contract: Obtained a settlement – on eve of trial – for national franchisor sued for millions of dollars in a business dispute, in which the company paid nothing and was paid its attorneys’ fees Breach of Contract: Successfully represented national cellular telephone company against breach of contract claims designed to thwart major merger, achieving summary judgment in trial court, affirmed by the Ninth Circuit Breach of Fiduciary Duty: Successfully represented major national real estate brokerage in multiple state court jury trials against multi-million dollar claims of breach of fiduciary duty and breach of contract California Consumer Class Action: Negotiated early favorable settlement for national electronics retailer for class action based on collection of customer personal information in connection with credit card sales Employment/Wrongful Termination/Sexual Harassment: Represent and counsel employers ranging from law firms to national service providers in full range of employment actions, including wrongful termination, sexual harassment and hostile work environment Executive Compensation: Obtained unanimous jury verdict in favor of national company after two-week state court jury trial against multi-million dollar claims by an independent contractor seeking post-termination bonuses Executive Severance: Secured favorable separation agreements for senior executives against billion dollar employer False Claims Act: Obtained costs of suit settlement in 60 million dollar uninsured action against international project architecture and engineering firm False Claims Act: Obtained dismissal of action against defense contractor firm concerning National Missile Defense program Legal Malpractice: Obtained directed verdict in favor of major national law firm after three-week state court jury trial Legal Malpractice: Obtained directed verdict after opening statement in favor of major law firm Legal Malpractice: Obtained multi-million dollar settlement against national law firm in legal malpractice action Real Estate: Negotiated favorable settlement of breach of fiduciary duty action arising from sale of outlet mall in Sikeston, Missouri In Criminal MattersCriminal Antitrust: Secured non-prosecution of major division of Fortune 500 company in antitrust investigation in Chicago and Kentucky Criminal Antitrust: Secured non-prosecution of senior executives in antitrust investigations in Hawaii and San Francisco Federal Capital Offense: In 2001, successfully represented lead defendant charged with first federal capital offense in the Central District of California since the 1940s Federal Habeas Corpus: Successfully represented one of oldest death row inmates in federal habeas corpus proceeding State Criminal Capital Offenses: Successfully represented defendants in more than one dozen state capital prosecutions State Homicides: Obtained acquittals in five state homicide prosecutions, including verdict of not guilty by reason of insanity Vehicular Homicide: Represented the defendant charged with ten counts of vehicular homicide that occurred in 2003 at the Santa Monica Farmers Market, resulting in probationary sentence |
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