Waymaker excels at representing dynamic, sector-leading companies and entrepreneurs in complex commercial litigation, especially when the issues involve innovative or disruptive technology. The firm, honored by Daily Journal as one of California’s Top Boutiques in 2019 and again in 2024, is Chambers-ranked in Litigation: General Commercial.
Waymaker handles a wide range of commercial disputes, including breach of contract, fraud, negligence, interference and breach of fiduciary duty, in federal courts, state courts, and arbitral tribunals across the country. The firm has represented Fortune 500 companies, such as DirecTV and Rolls-Royce, as well as closely held companies and individuals in a broad range of commercial disputes.
For instance, we successfully defended an aviation startup client against multi-million dollar claims brought by an investment bank over a round of financing the client had raised. After a five-day arbitration – and after the bank had rejected a substantial settlement offer – the firm demonstrated the bank’s claims were wholly without merit. The arbitrator agreed, entering an award for the client that included an award to the firm’s client of nearly all our clients’ attorneys’ fees and costs.
In each case, the firm develops a strategy specific to each client’s needs. We strategically employ dispositive and other motions, always with an eye toward the client’s ultimate goals. We often recover our clients’ fees and costs as prevailing parties in litigation or as monetary sanctions for discovery abuses or violation of California’s anti-SLAPP law.
We are also skilled at employing alternative dispute resolution to accomplish client goals. We accept certain cases on a contingency or hybrid fee arrangement, and also facilitate litigation funding for appropriate matters.
Notable Engagements:
- IMD, Inc. v. Robert Cornell, MD
Scored a sweeping 8-0 jury trial victory for client IMD, Inc., the manufacturer of Penuma®, the first FDA-cleared male penile enhancement implant, when a Los Angeles federal jury invalidated two patents and found that a rival urologist stole trade secrets and misappropriated other intellectual property. The Court subsequently awarded more than $18 million in implied royalties and exemplary damages to our client. The high-profile case was covered by Law360 and Daily Journal.
- Denley Investment and Management, Inc. v. Los Angeles Academy of Arts and Enterprise
Represented a commercial lessor in a two-week bench trial against a charter school involving dueling breach of contract claims. We attacked the opposing party’s expert on opinions on damages and succeeded in limiting the Court’s award to a small fraction of what had been sought.
- Rexhepi v. Toyota Motor Corp and Toyota Motor Sales USA, Inc.
Along with co-counsel, represented a group of plaintiffs who leased or owned defective Toyota Prius model hybrid vehicles in this civil putative class action. Class certification proceedings began with hundreds of thousands of Prius vehicles affected. When the parties asked a California judge to greenlight their $20 million deal to resolve all valid claims for reimbursement for the repair or replacement of defective parts under the agreement, the total amount of the settlement was uncapped. In the final settlement, the cash and benefits to class were valued at $181 million.
- Representation of Film Company in Confidential Matter
Obtained favorable settlement in confidential matter representing executive producer’s claims against production company related to monies earned from hit reality television series Ghost Hunters.
- Layva v. Sunnova Energy Corporation
Obtained a complete victory for the defendant in a two-day arbitration arising out of a dispute over solar power installation in which a customer denied entering into a contract with our client.
- Bobulinski v. Roseman
Represented the plaintiff-lender in a fraud action against a CEO who allegedly made misrepresentations about the status of company assets that served as security for a loan. The case was favorably settled on confidential terms.
- PierLuigi USA, LLC v. KID, LLC
Represented Italian restauranteurs in a commercial lease dispute against the landlord. After conducting discovery and filing a motion for summary judgment, we obtained summary judgment on our client’s affirmative claims and then we negotiated a favorable resolution of the remaining counterclaims.
- eGumball, Inc. v. Merrick Bank Corporation
Currently representing the plaintiff in a defamation action brought against its bank and two other corporate defendants. Our client alleges that it lost the ability to obtain credit card processing services after it was falsely accused of laundering on an industry database administered by Mastercard. To date, Waymaker has successfully defeated an anti-SLAPP motion and demurrer, and successfully compelled valuable discovery.
- McGladrey Capital Markets v. Icon Aircraft, Inc.
Successfully defended client in an arbitration against multi-million dollar claims brought by an investment bank over a round of financing that had been raised for the client. After a five-day long arbitration, the arbitrator ruled in our client’s favor. The bank was ordered to reimburse our client for its attorneys’ fees and costs.
- Barrett v. Broad Green Pictures, LLC
Represented a designer in a breach of contract dispute against a high- net worth individual and his motion picture company arising out of a contract to design a residence in the Hollywood Hills. After successfully consolidating the parties’ disputes into a single action and compelling arbitration of all disputes, we conducted discovery to obtain valuable testimony and evidence. Days before the start of the evidentiary hearing, the client obtained a favorable settlement on confidential terms.
- LABC Productions, LLC v. USSE Corp.
Represented a DirecTV subsidiary production company in a lawsuit related to the production of a reality television featuring female surfers. After discovery revealed significant misconduct by defendant and its principals – which led to multiple claims against various parties – the case settled at mediation. Our client obtained a substantial recovery.
- Monaghan v. UBS Financial Services, Inc.
Represented a broker who had been terminated by the defendant in a dispute over forfeiture of significant commissions. While the case proceeded in FINRA arbitration, the parties mediated. The parties settled. Our client recovered his expected income and launched a new startup technology company.
- Pro-Packing, Inc. v. Rolls-Royce Energy Systems Inc.
Won summary judgment for defendant Rolls-Royce in a dispute arising out of the construction of an oil platform. We established the plaintiff never had any contract with the defendant and demonstrated that there was no valid theory of equitable relief. The trial court granted our client summary judgment on all claims.
- Sina Fuel, Inc. v. Air Products and Chemicals, Inc.
Defended a publicly-traded supplier of hydrogen refueling and refueling stations in a commercial dispute brought by an entity that alleged it formed a partnership for hydrogen refueling stations. After extensive discovery, which revealed significant misconduct on the part of the opposing plaintiff, the matter was resolved favorably and confidentially on the eve of trial.
- Whittaker v. Glaser Weil Fink Howard Avchen & Shapiro LLP
Represented a trustee in a dispute against a law firm that allegedly mishandled a $20 million-plus residential real estate transaction. W aggressively pursued the client’s claims for legal malpractice and breach of fiduciary duty and defended against counterclaims for legal fees. Shortly before trial and after defeating the law firm’s motion for summary judgment, our client obtained a favorable settlement.
- Sina Fuel, Inc. v. Air Products and Chemicals, Inc
Defended a publicly-traded supplier of hydrogen refueling and refueling stations in a commercial dispute brought by an entity that alleged it formed a partnership for hydrogen refueling stations. After extensive discovery, the matter was resolved favorably and confidentially on the eve of trial.
- Vepo Design Corporation v. American Economy Insurance Company
Represented a client holding a business interruption insurance policy after one of client’s locations was burned by an arsonist. After navigating information requests from the insurer, we successfully negotiated a supplemental insurance payment to compensate for the loss before litigation was filed.
- In re Sunnova
Worked with a client to obtain appropriate insurance coverage and indemnity in connection to fund the legal defense of various claims subject to third-party insurance policies where our client was named as an additional insured.
- DeGrace v. Jacobs Engineering
Represented a widow in a dispute against her deceased husband’s former employer based on the employer’s withdrawal of life insurance benefits without proper notice. After other firms declined to represent our client, we were able to negotiate a favorable resolution.