Retail Industry Services Representative Experience

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1 Retail Industry Services Representative Experience Attorneys: Scott W. Bermack Key Issues: pedestrian, parking lot, inadequate lighting, accident, brain injury Venue: NYS Supreme Court, Rockland County Client Type: Shopping Center Owner/Retailer Description: Won a defense verdict on behalf of a Rockland County (NY) shopping center owner blamed for a pedestrian knockdown accident in the parking lot. The pedestrian, who allegedly suffered from a traumatic brain injury in addition to numerous orthopedic injuries, claimed inadequate lighting and traffic control was to blame. After establishing to the satisfaction of the jury that the accident was entirely the fault of the pedestrian, a defense verdict was returned in favor of our client and the driver of the vehicle. Result: Defense verdict following two weeks trial. Attorneys: Michael J. Ioannou, Lita M. Verrier Key Issues: Patent Infringement Venue: USDC: Northern District of California Client Type: Defendant Furniture Reseller Description: Represented the defendant, a furniture reseller, in a patent infringement action related to a computer keyboard. Result: A favorable settlement was reached for our client. Attorneys: Michael J. Ioannou, Lita M. Verrier

2 Key Issues: Trademark Infringement Venue: San Luis Obispo County Superior Court Client Type: Defendant Sporting Goods Store Description: Defended a sporting goods store accused of trademark infringement, trade dress violations and unfair competition related to the use of State University logos and marks on articles of clothing. Result: Defeated a preliminary injunction on behalf of our client. Key Issues: Unruh Act Violations Client Type: Defendant Hospitality Provider Description: Represented a Four Points by Sheraton Hotel and Suites property in South San Francisco. After his stay, a wheel chair bound disabled person sued the hotel for 19 Unruh Act Violations, treble damages/penalties and attorney fees, claiming denial of full and equal access to the facilities. Result: The case settled for $8,000 plus an agreed remediation plan, which was about half of the original demand. Key Issues: Sexual Harassment; Hostile Work Environment; Gender Discrimination Venue: USDC: Central District of California Client Type: Defendant International Wallcovering Company Description: Represented the defendant, an international wallcovering company, in an action alleging sexual harassment, hostile work environment and gender discrimination. Result: The matter was resolved in a successful settlement. Key Issues: Sexual Harassment; Hostile Work Environment Venue: Santa Clara County Superior Court Description: Represented the defendant, a national hotel chain, in a sexual harassment and hostile work environment action with alleged supervisor liability.

3 Result: The case was resolved in a successful settlement. Key Issues: Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA Description: Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race, age, sex and disability discrimination (FEHA) arising from the plaintiff s termination. Result: Successfully settled for our client. Key Issues: Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA Description: Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race, age, sex and disability discrimination (FEHA) arising from the plaintiff s termination. Result: Successfully settled for our client. Key Issues: Gender Discrimination; Wrongful Termination Venue: USDC: District of Arizona Client Type: Defendant Hotel Management Company Description: Represented the defendant, a hotel management company, in a gender discrimination and wrongful termination case. Result: The case settled with summary judgment pending. Key Issues: FEHA; Labor Commission; Wrongful Termination; Race Discrimination; Unpaid Vacation

4 Description: Represented a national hotel chain in a FEHA and Labor Commission and Department of Industrial Relations claim for wrongful termination based on race discrimination and unpaid vacation pay and overtime wages. Result: The matter settled, a favorable result for our client. Key Issues: Wrongful Termination Venue: USDC: District of Arizona Client Type: Defendant Resort Hotel Description: Represented our client, a resort hotel, in a wrongful termination action in violation of public policy alleged by a food and beverage director employee of the hotel. Result: The matter was resolved and dismissed. Key Issues: Wrongful Termination; Election Code Venue: Los Angeles County Superior Court Description: Represented a Los Angeles airport hotel, which was part of a national hotel chain, in an action involving wrongful termination in violation of public policy alleged in the context of Election Code violations, and a Petition for Referendum to repeal a local ordinance pertaining to hotel transient occupancy taxes. Result: After an eleven day deposition of the plaintiff, the case resolved for a nominal amount. Key Issues: Product Liability; Breach of Warranty; Breach of Contract; Unfair Competition Venue: Santa Clara County Superior Court Client Type: Defendant Manufactured Homes Dealer Description: Represented a manufactured homes dealer in 30+ cases involving claims for product liability, breach of warranty, breach of contract and unfair competition. Result: The two cases led to a jury verdict and judgments in favor of the client. After the court awarded the client attorney fees in both cases, and the judgments were pursued, the plaintiffs filed bankruptcy and the serial

5 client attorney fees in both cases, and the judgments were pursued, the plaintiffs filed bankruptcy and the serial litigation against the client ceased. Key Issues: Wrongful Termination; Sexual Assault Venue: San Francisco County Superior Court Client Type: Defendant Car Dealership Description: Represented a car dealership in a wrongful termination action alleging a violation of public policy. The plaintiff claimed to be a whistleblower. Result: The case ended in a successful settlement ten days before trial after a co-employee claimed that the plaintiff sexually assaulted her. Key Issues: Sexual Harassment Client Type: Defedant Hospitality Provider Description: Represented a national hotel chain in an action brought by two cooks working in South San Francisco alleging sexual harassment by an independent contractor. Result: The case settled before trial to the satisfaction of our client. Key Issues: Assault; Battery Venue: Santa Clara County Superior Court Description: Represented a national hotel chain wherein a defendant employee demonstrated a fighting move on a co-employee, the plaintiff, and fractured his neck. The plaintiff asserted a claim for assault and battery and respondent superior liability against the employer alleging that it knew the defendant employee had a propensity for violence, and the employer ratified such behavior. Result: The plaintiff claimed that the case fell outside the worker s compensation exclusive remedy (serious and willful allegations eventually were dismissed).

6 Attorneys: Kenneth J. Anand Key Issues: wine; tapas; bar; restaurant; franchise; alcohol; lease; real estate Venue: Supreme Court New York County Client Type: Advertising Agency Description: Represented client in connection with the negotiation of a franchise agreement and real estate lease for a wine and tapas bar.

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