Criminal Law

• Criminal Defense
  We have extensive experience with the civil and criminal appeal process as practiced in the federal and California jurisdictions. Working as a complement to Bird Marella’s renowned trial lawyers, our appellate attorneys assist at the trial court level to maximize the probability of successfully defending or attacking the ultimate trial court judgment. We also prepare petitions for extraordinary writs in situations where immediate appellate review of otherwise non-appealable orders is appropriate. In addition, outside firms call upon Bird Marella to prosecute or defend appeals in which the firm did not serve as original trial counsel.
• Traffic Violations
  On appeal, obtained a victory on behalf of a homeless mother who was convicted of driving with a suspended license and ordered to pay the court a total of $220 in court fees and fines. Bird Marella argued that the court’s imposition of fees and fines without considering the client’s inability to pay violated her equal protection and due process rights. The court’s landmark opinion states that California courts must now conduct an ability-to-pay hearing before imposing court fees and fines.
• Fraud
  The post-financial crisis / Dodd-Frank era has ushered in reinvigorated regulatory enforcement from both the SEC and the Department of Justice. Bird Marella regularly represents clients, both individuals and corporations, who find themselves under government investigation for criminal securities fraud, insider trading, and a range of investment violations.
• White Collar Crimes
  Bird Marella represents clients in investigations, trials and appeals involving business and white collar crimes under federal and state laws.
• Theft
• Misdemeanors
  Obtained Dismissal of $4M Medi-Cal Fraud Claim and Settled Misdemeanor Charges: Our client, a durable medical equipment provider, was arrested and charged with defrauding Medi-Cal out of more than $4 million. In our presentations to the prosecutors, we argued that our client’s conduct was within regulations. Based on these arguments, the prosecutors dismissed the fraud charges and allowed the client to settle a non-health-care-related misdemeanor and time payments of less than a tenth of the amount at issue.
• Embezzlement
  Bird Marella principals Gary Lincenberg and Tom Reichert, along with associate Alexis Wiseley, successfully obtained the dismissal of criminal charges brought against their client, Eugene Yu, the founder and CEO of the election software company, Konnech, Inc. The charges related to Konnech’s contract to provide poll watcher software to Los Angeles County — the District Attorney alleged that Konnech shared PII with a Chinese contractor in violation of the contract — claiming this constituted embezzlement of public funds.
• Drug Crimes
  Represented California’s Most Prolific Opiate Prescriber: In another matter implicating the validity of prescriptions, we successfully defended a doctor charged with drug trafficking arising from his alleged prolific prescribing of opiate pain medicine. The sentence imposed was a fraction of what the government demanded and was criticized for its leniency by the
• Money Laundering
  Achieved Dismissal of Tax Evasion Claims for Religious Charities: We defended an insular religious community in a tax, money laundering, and money remitting prosecution that shook the community. After winning a motion to suppress a search, we settled on the eve of trial with the dismissal of all counts against four of the five organizations, and a mutually acceptable fine against the fifth.
• Manslaughter
  Prevented OSHA Lockout-Tagout Felony Charges Against CEO: We represented the new CEO of a duck farm in which one employee had died inside a feather dryer mistakenly activated by another employee. The CEO had recently joined the company and faced felony manslaughter charges connected to violating Cal-OSHA lockout-tagout regulations. We conducted an internal investigation and presented a detailed analysis of the facts of the incident. We eventually persuaded government regulators that our client had not violated any statutes and the case was resolved without any charges filed against our client.

Business and Corporate Law

• Corporate Law
  Bird Marella attorneys Paul Chan and Aparna Mathur recently succeeded in obtaining injunctive relief on behalf of several real estate development LLCs in a corporate governance dispute concerning …
• Business Disputes
  Fraud claims are routinely alleged in business disputes, and we have decades of experience defending our clients and their reputations when such allegations are made against them. While such claims are easy to make, they are hard to prove, and we have succeeded in defeating such claims at every stage of a case, from the pleading stage through trial. As lawyers who only handle litigation matters, we have particular expertise in the rules and tools to dispose of fraud claims as quickly and efficiently as possible. Whistle-blower actions are increasingly prevalent and our experience includes defending clients in a number of high exposure
• Business Transactions
  Bird Marella attorneys also achieve trial victories and settlements in complex disputes arising from health care business transactions and commercial practices. These include class actions, shareholder suits, and individual litigation emanating from patient claims, physician groups, and private insurers.
• Trade Secrets
• Intellectual Property
  Resolved Idea Theft Claim for Production Company Against Studio: The firm represented a global production company in idea theft claims against a major studio related to a highly successful 2010 animated film.
• Unfair Competition
  FIGS is the publicly traded lifestyle and direct-to-consumer brand that has revolutionized the medical apparel and scrubs industry. Dominant industry giant Strategic Partners, Inc. filed a lawsuit alleging false advertising in violation of the Lanham Act, violations of California’s Unfair Competition Law, violations of California’s False Advertising Law, and intentional interference with prospective economic relations against FIGS and its co-founders, with claimed damages in excess of $200 million.

Employment Law

• Workers Compensation
  Defending Garment Company Owner Accused of Defrauding The Workers Compensation System: We are defending the CEO and owner of a prominent garment industry company charged with workers’ compensation fraud.
• Wrongful Termination
  Defeated Wrongful Discharge on Summary Judgment: The firm obtained summary judgment on behalf of our client, an international sales-oriented company, on fraud and wrongful discharge brought by a former employee.
• Employment Discrimination
  Achieved Complete Arbitration Win on Termination and Discrimination Claims: We represented a large, privately held corporation and several of its officers and shareholders against RICO, fraud, breach of contract, age discrimination, and wrongful termination claims brought by six former sales representatives. We compelled arbitration of all claims, and succeeded in a stay to the federal litigation. After a six-week evidentiary hearing, the arbitrators issued an award entirely in our clients’ favor. We successfully defended that award against challenges in the district court and the United States Court of Appeals for the Ninth Circuit.
• Employment Litigation
  Obtained $8M Award in Class Employment Claims: We successfully represented class members who forfeited vacation under an illegal “use-it-or-lose-it” vacation policy. We achieved a judgment of almost $8 million for a class of fewer than 200 employees.
• Non-compete Agreement
  Won Jury Verdict for Financial Company’s Employment Claims: We represented a financial services company in an action for fraud, embezzlement, misappropriation of trade secrets, and breach of a non-compete agreement against a former officer of the company. After a two-week jury trial, we obtained a judgment of approximately $750,000 in our client’s favor. We also prevailed on cross-claims for wrongful termination and fraud filed by the defendant.
• Severance Agreement
  We have counseled on numerous matters related to the rights and duties of departing employees, including senior executives. Working in a litigation prevention capacity, we frequently advise clients on severance agreements and packages connected to major corporate mergers, restructurings, and workforce reductions. In this role, we draw upon on our trial background to spot litigation vulnerabilities in proposed and prevailing agreements.
• Sexual Harassment
  Defending CEO’s Sexual Harassment Case: We are representing a CEO and owner of a privately held hydro-technology manufacturer and distributor against claims of harassment made by a long-time saleswoman employee.

Property Law

• Real Estate Litigation
  Our counsel has extended across the diverse property map of Los Angeles, and includes matters involving the California Coastal Commission, the battle on billboards, and redevelopment in downtown Los Angeles. Bird Marella attorneys have proven particularly effective in prevailing in real estate commercial torts trials. We have secured several directed defense verdicts for developers facing high damage claims connected to allegations of breach of contract and fraudulent practices.Real estate litigation frequently requires untangling intricate accounting practices and fact patterns. There also may be a need to interact with various local and state regulatory authorities. We are known within California courts and administrative agencies as credible, respected and persuasive advocates. While we have achieved many successful resolutions in arbitration forums, Bird Marella assumes a trial-ready stance on real estate matters to prepare clients for any court challenges.
• Eminent Domain
  Settled Legal Malpractice Claims Days Before Trial: In our representation of a local university as plaintiff, we pursued a malpractice claim against a now-dissolved Los Angeles law firm concerning eminent domain issues. One week before the jury trial, the case settled favorably for our university client.

Trusts and Estates

• Estate Planning
  Successfully Defended Law Firm In Malpractice Claim Involving Probate Issues: Our client, a prominent Los Angeles law firm, faced malpractice claims arising out of the estate planning structure developed for a wealthy family. After extensive litigation, the trial court granted our summary judgment motion in full, and the Court of Appeal affirmed in full.
• Probate

Finance Law

• Foreclosure
  Stopped foreclosure by California Attorney General’s office on Casa Del Mexicano in Boyle Heights, a cultural center for fundraisers and programs aimed to support the local immigrant community.