Pierce Burns LLP - Logo

Notable representations

Mission-oriented

Litigation is a zero-sum game. There is a winner, and there is a loser. The trial lawyers at Pierce Burns LLP know how to win, and we cannot stand to lose. We have won at every level, and in every practice area. We have been at elite small firms and elite large firms. We have represented plaintiffs and defendants. We have represented Fortune 100 corporations, startup companies, massive investment funds, and high-net-worth individuals. No case is too small or too large, too simple or too complicated.

We will not be intimidated, and we will never be out-lawyered. When you hire Pierce Burns LLP, you will have a world-class champion in the arena dedicated with single-minded purpose to one mission: total victory in your case no matter the odds and no matter the chaos. Navy SEALS call this "front-sight focus," and it is the only way we know how to litigate. Read about some of the missions we have accomplished for our clients. Let your case be next.

  • Won a jury verdict of $30 million for an LA-based real estate group in a two-week trial against the town of Mammoth Lakes, California in a contract dispute over development of a large hotel and condominium project at the Mammoth Yosemite Airport. Affirmed in full by the California Court of Appeal in a 66 page published opinion at 191 Cal. App. 4th 435 (2010). Over $2 million in attorneys’ fees were awarded for the trial and over $1 million in attorneys’ fees were awarded for the appeal. This was the 67th largest jury verdict in the United States in 2008 as determined by the Verdict Search Top 100 List, was the largest verdict in the history of Mono County, California, and was described as a "staggering verdict" by local media. The case was featured in Quinn Emanuel’s selection to the 2009 National Law Journal’s Plaintiffs’ Hot List.
  • The month immediately following trial against the Town of Mammoth Lakes, won a jury verdict of $5 million including seven-figure punitive damages for prolific Hollywood producer Robert Cort (producer of Mr. Holland's Opus, Runaway Bride, Save the Last Dance, Hand That Rocks the Cradle, Jumanji, Cocktail and other hits) in a three-week trial against a hedge fund and its principal for breach of a Term Credit Agreement under which defendants committed to provide millions of dollars in film financing for Cort's film development agreement with Paramount. Affirmed in full by the California Court of Appeal at 2010 WL 3327823. Approximately $1 million in attorneys' fees were awarded collectively for both the trial and appeal. The result of this trial was featured in The Hollywood Reporter.
  • Obtained a favorable settlement after six weeks of jury trial in Fresno County Superior Court on behalf of a large security company and its CEO accused of fraud, breach of partnership, and breach of contract. Mr. Pierce examined six of the final seven witnesses at trial immediately prior to the case settling.
  • Represented Allstate and Prudential in a suite of residential mortgage-backed securities ("RMBS") cases against major banks, including Bank of America, JP Morgan, Credit Suisse, Nomura, UBS, Royal Bank of Scotland and Barclays involving billions of dollars of securities. Cases settled prior to trial.
  • Represented national automotive finance company in antitrust action alleging Walker Process fraud and sham litigation against a competitor in the market for indirect financing for used car sales through a profit-sharing program.
  • Represented a major financial institution in legal malpractice case against an AmLaw 15 law firm. Case settled for high eight-figure amount in mediation with the law firm and its insurers prior to claims being filed.
  • Won summary judgment on behalf of DIRECTV in antitrust and unfair competition lawsuit brought by a former distribution partner and successfully defended the judgment on appeal.
  • Defeated preliminary injunction sought under the Lanham Act for prison mattress manufacturer against competitor relating to video demonstrating product comparison. Decision reported at 202 F. Supp. 2d 818 (N.D. Ind. 2002).
  • Obtained a favorable settlement on behalf of Prospect Medical Group, a California-based affiliation of managed care plans, in a breach of fiduciary duty action against a former executive alleging failure to disclose a material conflict of interest.
  • Represented Parker Hannifin Corporation in insurance coverage and bad faith dispute with multiple insurance carriers regarding millions of dollars in historical asbestos liabilities. Case settled following a lengthy mediation for recovery of $8,000,000 and an agreement to pay future costs.
  • Represented Greer Industries, Inc. against Chubb Corporation and other defendants in insurance coverage and bad faith suit for first-party property loss and business interruption losses arising from an underground limestone mine roof collapse. Following a mediation, the insurer agreed to a settlement that was over five times greater than the insurer's original adjustment of the loss.
  • Represented Plains All American Pipeline in criminal prosecution brought by the California Attorney General arising from a 2015 oil release near Santa Barbara.
"It is fatal to enter any war without the will to win it." — General Douglas MacArthur
  • Represented Marvell Technology and several of its executives against Jasmine Networks in summary judgment phase of highly publicized Silicon Valley trade secret litigation. After substituting in as counsel, Mr. Pierce led a team that secured voluntary dismissal of all individual defendants within a matter of weeks. Client ultimately prevailed at trial.
  • Won writ of mandate on behalf of affordable housing organization and low-income tenants in an action against the City of Costa Mesa arising from City plan to replace long-term occupancy motels with upscale, luxury housing.
  • Represented TOUSA, Inc. in litigation in New York and Florida concerning completion and carve-out guaranties provided in connection with a $675 million structured mezzanine real estate financing. This was the largest real estate finance transaction in Florida history at the time. Case settled prior to trial.
  • Represented major regional bank in action against major insurer involving $612 million in bank-owned life insurance. This case was the first litigation of its kind in the nation. Case settled for nine figures prior to trial.
  • Represented Trust Company of the West against former portfolio manager Jeffrey Gundlach and his new company DoubleLine Capital. After a two month trial in Los Angeles, obtained a jury verdict finding in favor of TCW on its claims for theft of trade secrets, breach of fiduciary duty and tortious interference with contractual relations. The jury also rejected Gundlach's oral contract claim for nearly half a billion dollars.
  • Represented Allstate and Prudential in a suite of residential mortgage-backed securities ("RMBS") cases against major banks, including Bank of America, JP Morgan, Credit Suisse, Nomura, UBS, Royal Bank of Scotland and Barclays involving billions of dollars of securities. Cases settled prior to trial.
  • Obtained partial summary judgment from federal district court awarding several million dollars to Parker Hannifin Corporation against Steadfast Insurance Company in insurance coverage suit. Decision reported at 445 F. Supp. 2d 827 (N.D. Ohio 2006).
  • Represented Noranda Aluminum, Inc. against Globe Indemnity Co. and other defendants in a lawsuit for insurance coverage for PCB contamination at an aluminum plant. Following mediation, case settled.
  • Represented founder of a start-up multichannel network in an equity dispute brought by a former employee. The case settled on highly favorable terms shortly after plaintiff was compelled to arbitration.
  • Represented Kvaerner U.S., Inc. against Blaine Construction Corporation in an appeal over a $30 million insurance claim for construction project that settled on the eve of filing petition for writ of certiorari with the United States Supreme Court.
  • Represented Ampco-Pittsburgh Corporation against Howden Buffalo, Inc. in a lawsuit involving insurance coverage for asbestos liabilities. Case resolved through a settlement under which the insurers agreed to reimburse future costs.
"To succeed in your mission, you must have single-minded devotion to your goal." — APJ Abdul Kalam
  • Won appeal before California Court of Appeal affirming trial court order quashing service of summons for lack of personal jurisdiction in $600 million securities fraud case arising from WorldCom bankruptcy for outside directors of a WorldCom-related entity in which plaintiffs alleged they were fraudulently induced to invest. Decision at 2004 WL 187419.
  • Won complete defense arbitration victory against Qwest Communications Corporation in case alleging de facto merger for company that had purchased assets in an assignment for the benefit of creditors from former Qwest customer.
  • Represented local Pittsburgh television station in obtaining summary judgment on defamation claim asserted by state court judge. Decision reported on front page of December 3, 2002 edition of the Pittsburgh Tribune-Review and upheld on appeal to the Pennsylvania Superior Court and Supreme Court.
  • Represented Vossloh-Schwabe, Inc. against K-Tronik N.A., Inc. in case involving claims for alleged breach of contract, breach of the covenant of good faith and fair dealing and promissory estoppel arising from potential outsourcing relationship. Obtained motion to dismiss in favor of client. Decision at 2006 U.S. Dist. LEXIS 28265 (D.N.J. 2006).
  • Represented individual plaintiffs in multi-district litigation against Bausch & Lomb involving fusarium fungus eye infections caused by defective ReNu with MoistureLoc contact lens solution. Cases settled favorably for clients prior to trial.
  • Represented ScriptLogic Corporation against competitor in federal court action for copyright infringement and other claims relating to competitor's downloading of ScriptLogic software in violation of End User License Agreement. Competitor used copies of the software to prepare a "white paper" criticizing the product. Defeated defendant's attempt to dismiss action on jurisdictional grounds and case settled prior to trial.
(213) 262-9333