LeHocky Mediation

Experience

Mark LeHocky Representative Mediation Matters

BUSINESS / COMMERCIAL

Antitrust / Unfair Competition

  • Unfair business practices action against company alleged to have misrepresented services provided to plaintiff through intermediary.
  • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs’ contractual relationships.
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.

Business / Contractual

  • Breach of contract, fraud and fraudulent concealment claims by regional hospital against national service provider
  • Breach of professional services agreement claims combined with cross-claims for malpractice between accountant and former client
  • Breach of contract claims against Bay Area school district by private educational organization alleging non-performance and related business torts; cross-claims also alleged contractual breaches, allegedly excusing defendant’s non-performance.
  • Interpleader action involving three party dispute over ownership of unique and historically significant property stolen decades ago and subsequently obtained and claimed by adverse party.
  • Breach of contract action by US Small Business Administration against foreign and domestic partnership over failure to make capital contributions and alleged justifications for not doing so. Mediation conducted in person and via Skype with multiple international parties in three different countries.
  • Breach of contract action by manufacturer of wind turbine generator against purchaser for alleged failure to perform, with cross-action alleging failure of defendant to deliver turbine meeting disputed performance standards.

Consumer Class Action

  • Unfair business practices statutory claims, data privacy and breach of contract claims asserted on behalf of purported class of consumers and owners of digital devices utilizing defendant’s operating system and related applications.
  • Data privacy and unfair business practices claims asserted on behalf of purported class of consumer / customers of defendant international clothing chain, alleging breaches stemming from data breach and disclosure of customer information.

Fraud / Misrepresentation

  • Federal False Claims Act action against regional hospital and medical testing company allegedly charging for unneeded medical tests
  • Fraud and misrepresentation action filed by founder of social media start-up against defendants who allegedly contracted to purchase plaintiff’s shares in start-up then reneged on such contract, triggering multi-million dollar loss for plaintiff.

Intentional Interference

  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.
  • Intentional interference, breach of contract, non-compete and trade secrecy agreement action by manufacturer against former employee who left plaintiff to work for competitor

Insurance Coverage

  • Breach of contract, indemnification, subrogation and related coverage dispute among public utility and its contracting parties arising out of major California wildfire.
  • Coverage dispute stemming from resolution of patent, trademark and copyright action following pre-trial summary judgment and subsequent jury trial determinations.
  • Coverage dispute arising from federal false advertising, trademark infringement and counterfeiting action.

EMPLOYMENT

Discrimination

  • Racial discrimination, defamation, wrongful termination and retaliation action by employee alleging that employer fired employee for complaining of co-worker’s use of racial epithets.
  • Discrimination, harassment, retaliation and wrongful termination suit by employee claiming sexual orientation and disability discrimination against medical practice employer.
  • Federal Title VII civil rights race discrimination and retaliation action against nationwide healthcare service provider, asserting a series of racially motivated adverse actions against plaintiff.
  • Single plaintiff California FEHA and ERISA action against Bay Area governmental agency alleging race and age discrimination, retaliation, constitutional violations and physical assault of plaintiff employee.
  • Age discrimination action filed by the EEOC on behalf of multiple claimants alleging that Bay Area municipality failed to hire claimants on the basis of their age in violation of the ADEA.
  • Age discrimination and whistleblower action claiming that defendant employer targeted plaintiff for termination based upon his age and complaints of alleged illegal activity.
  • Disability discrimination / wrongful termination claims under FMLA, FEHA and CFRA alleging that employee was denied medical leave, then fired, after reporting illness.
  • National origin harassment and retaliation action by the EEOC claiming that defendant bakery verbally abused employee with racial and ethnic epithets, wrongfully discharged her and then retaliated against her by filing a defamation lawsuit against the employee.

Labor Code

  • Plaintiff, outside sales representative for nationwide software company, alleges misclassification, failure to pay overtime and wrongful termination under federal and state laws.
  • Plaintiffs, employees of defendant shipping company, allege violations of California Labor Code and wrongful termination in violation of public policy based upon defendant’s suspension of plaintiffs pending resolution of citations.

Wrongful Termination

  • Sexual harassment, wrongful termination and retaliation claims by employee allegedly terminated following her rejection of sexual advances by her manager.
  • Multi-plaintiff California FEHA age discrimination, retaliation and wrongful termination claims against national retailer arising from retailer’s termination of all plaintiffs for alleged violations of company policy. Plaintiffs claimed grounds given for termination were pretext for discriminatory termination decisions.
  • Single plaintiff wrongful termination, defamation, fraud and Bus. & Prof. Code § 17200 action based upon claim that plaintiff was falsely imprisoned and coerced into confessing theft from defendant employer.

INTELLECTUAL PROPERTY

Copyright

  • Copyright and trademark infringement action by software developer against defendant reseller, based upon defendant’s sale of OEM, academic or educational versions of plaintiff’s software while allegedly misrepresenting those products as “full version” products.

Patent

  • Patent infringement action by manufacturer and university plaintiffs against nationwide online retailer alleging infringement of eight patents covering light emitting diode technology
  • Patent infringement action alleging that defendant manufacturer intentionally copied and infringed plaintiff’s patented design on fishing tackle equipment.
  • Patent infringement action and cross-action contesting the validity of multiple patents between competing manufacturers / retailers of high-end recreational sports equipment.
  • Patent infringement complaint alleging that multiple patents developed and owned by plaintiff were infringed by defendant – a worldwide developer / seller of consumer electronic products. Underlying patent claims involved mobile devices and innovations in the field of augmented reality.
  • Patent infringement action claiming direct, indirect and induced infringement, filed by technology and software company against defendant developer manufacturer of software, cloud services, tablets, smartphones and gaming consoles. Action involved method and apparatus for live streaming of video over the Internet.
  • Patent, trademark and copyright infringement action alleging that defendants had produced and sold counterfeit versions of plaintiff’s smartphone device products.
  • Patent and trademark infringement action alleging misappropriation and infringement of plaintiff’s intellectual property underlying performance motion capture technology.
  • Patent and trade dress infringement action alleging that defendants infringed plaintiff’s design patent and trade dress applicable to toy products sold internationally.
  • Multiple consolidated patent infringement actions by against various manufacturers or resellers of light emitting diode (LED) lightbulbs with epitaxial film grown on substrates, which allegedly infringe plaintiff’s patent.

Right of Publicity

  • Right of publicity and trademark infringement action by individual and corporation against worldwide developer of computer gaming equipment, alleging misappropriation and misuse of plaintiffs’ name in defendant’s video games.

Trademark

  • Trademark infringement, unfair competition injunctive relief and damages action by international auto manufacturer alleging illegal United States sales of grey market parts by defendant.
  • Trademark infringement action by owner / manufacturer of health-related food products against competing health food product manufacturer / distributor over allegedly confusingly similar marks.
  • Plaintiff – a worldwide luxury brand retailer – sued various Bay Area retailers alleging trademark infringement, counterfeiting and false designation of origin based upon defendant retailers’ sale of alleged “knock-off” products.
  • Declaratory relief action seeking non-infringement determination by Internet-based media company against advertising agency seeking to block use of allegedly confusingly similar name.
  • Plaintiff water dispensing company sued defendant – a distributor of ice to retailers – alleging trademark infringement, trademark dilution, unfair competition and deceptive trade practices. Defendant counterclaims for declaratory relief and for cancellation of plaintiff’s trademark registration.
  • Trademark infringement, unfair competition, false advertising and trademark dilution action by plaintiff / acquirer of specific trademarks and trade names against defendant, following defendant / competitor’s alleged effort to register plaintiff’s marks.
  • Trademark infringement and unfair competition claims by plaintiff benevolent association against alleged splinter-group association, alleging wrongful registration of similar marks and dilution of plaintiff’s marks.
  • Trademark infringement and breach of non-compete contract action against seller of specific trademarks, triggered by seller’s post-sale use of marks under Fair Use doctrine.
  • Trademark infringement, dilution, unfair competition, and false designation of origin action by plaintiff entrepreneur claiming ownership of multiple famous trademarks allegedly abandoned by defendant national retail chain.

Trade Secrets

  • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs’ contractual relationships.
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.

REAL ESTATE

Breach of Contract / Lease Disputes

  • Breach of lease, negligence, premises liability and personal injury claims arising from defendant landlord’s alleged failure to deliver and maintain premises in compliance with public safety and housing laws.
  • Multi-part commercial lease dispute involving claims and cross-claims of breach of contract, bad faith and tortious interference with contract, based upon a series of lease agreements and conflicting party interests.

Construction Defect Litigation

  • Design and construction defect, breach of contract, fraud and California Consumer Legal Remedies Act action against architect / designers of commercial office space.

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