Civil Litigation

Brown White & Osborn LLP has earned a reputation as an extremely effective business litigation boutique law Firm. Its lawyers have achieved superior results in a wide variety of cases for individual, municipal and institutional clients. The Firm’s size, organization, and culture allow it to respond quickly and efficiently to litigation emergencies when clients need quick results, and to persevere over time in litigation matters. We understand the need to be cost efficient for our clients and deliver legal services economically for them.

 

Many law firms rely on litigators without much, if any, trial experience. Brown White & Osborn’s attorneys have the considerable trial experience that makes a difference in winning cases. Four of our attorneys are former Assistant United States Attorneys, one attorney is a former California Deputy Attorney General, one served as a Deputy Public Defender, and one sat as a federal and state trial court judge. This trial experiences translates often into successful results for clients.

 

Though Brown White & Osborn’s attorneys are distinguished by their substantial courtroom experience, we also know that many cases are won on paper before trial. Brown White & Osborn’s attorneys have used superior research and writing skills to win early success for clients through carefully crafted motions to dismiss and motions for summary judgment.

 

Our attorneys appear in federal and state courts throughout California on all types of civil matters. We are often called upon to litigate and try “bet the company” cases or in cases in which the individual clients tell us they can’t afford to lose the case. We try cases proactively, not reactively, by developing a comprehensive strategy, avoiding inefficient duplication of efforts, preparing a case with an eye to winning either before trial or at trial, and coordinating with other counsel in joint defense and information sharing arrangements. Through these efforts, the Firm works to achieve the best possible litigation results with cost efficiency.

Notable Representations

 

Government Fraud

 

  • Successfully defended major government contractor in many civil cases involving false testing, mischarging, and deceptive billing practices involving the manufacture of bombers, fighter aircraft, and missile systems.
  • Successfully represented military aircraft defense government contractor in action involving fraudulent billing practices.
  • Successfully represented corporation and its president for export violations involving guidance missile technology.

 

Trust Litigation

 

  • Successfully litigated against trust for breach of fiduciary duty and accounting.
  • Served as trustee counsel in multiple cases in litigation against prior trustees, law firms, and accounting firms for breach of fiduciary duty.
  • Successfully litigated cases on behalf of beneficiaries.
  • Served as attorney for arbitrator in major trust disputes.

 

General Fraud

 

  • Defended numerous fraud cases involving Ponzi schemes, advance fee schemes, telemarketing schemes, SEC cases, FTC cases, boiler-room schemes, real estate fraud, loan fraud, tax evasion, health care fraud, and fraudulent conveyance cases.

 

Securities Fraud

 

  • Represented the former president of major company in civil case alleging securities fraud, insider trading and financial statement fraud.
  • Successfully represented numerous individuals and corporations in enforcement proceedings before the Securities and Exchange Commission.
  • Successfully defended brokerage house involving allegations of undisclosed principals and stock irregularities and manipulation.
  • Defended general partner in a $320 million real estate mortgage case involving Peregrine Funding and allegations of a Ponzi scheme, securities fraud, mail fraud and wire fraud.
  • Sued regional accounting firm for negligent advice provided to Ventura County hospital.
  • Successfully defended an attorney for a corporation later revealed to be an $80 million Ponzi scheme. The federal court receiver sued our client for legal malpractice, securities fraud, and breach of fiduciary duty, and sought millions of dollars in damages. The arbitrator ruled in our client’s favor as to all claims.

 

Banking

 

  • Acted as national counsel in defending the largest money order provider in civil, criminal and administrative forfeiture proceedings in several states.
  • Successfully sued banks and credit unions for improperly cashing checks, accepting fraudulent endorsements, opening fraudulent accounts, and not complying with banking policies and procedures.
  • Successfully represented banks involving claims of improperly cashing checks, accepting fraudulent endorsements, and not complying with banking policies and procedures.

 

Insurance Companies, Agents and Brokers

 

  • Successfully represented insurance companies against group of attorneys committing fraud against them.
  • Successfully represented many insurance brokers and agents in lawsuits involving allegations of fraud, breach of contract, and breach of fiduciary duty in sale of insurance.

 

Manufacturers

 

  • Represented aerospace, electronics, satellite, and consumer manufacturers, including Hughes Space and Satellite Company and Gateway Computers, in civil and criminal investigations involving false billing practices, false labeling allegations, Foreign Corrupt Practices Act, and flawed quality control programs.

 

Municipal Law

 

  • Successfully represented municipalities in numerous section 1983 lawsuits involving false imprisonment, false arrest, excessive force.
  • Representing municipality in litigation involving personal injuries sustained from mold and other conditions that existed in public housing.
  • Represented municipalities and government agencies in tort claims, premises liability, employment, discrimination, harassment, wrongful arrest, false imprisonment, and contract dispute litigation.

 

Whistleblower Suits

 

  • Represented defense contractor in civil and criminal cases involving false testing, mischarging, and deceptive billing practices involving the manufacture of fighter aircraft and missiles.
  • Represented defense contractor in civil and criminal cases involving TINA violations.
  • Successfully represented Horizon Health Care in qui tam lawsuit involving fraud.

 

Public Corruption Investigations

 

  • Successfully defended City Treasurer involving charges of threats against public officials and criminal threats.
  • Defended Los Angeles County Risk Manager in criminal case involving the District Attorney’s Office for accepting bribes in connection with his duties.
  • Involved in federal criminal investigation and prosecution of several members of Los Angeles County Sheriff’s Majors Team for public corruption in performance of duties.
  • Frequently represent City, City Council, City Council Members, and elected state officials in multiple grand jury investigations.

 

Bribery and Extortion Investigations

 

  • Successfully represented national trucking company Bullet Freight and its president in commercial bribery case.
  • Investigated subsidiary of multi-national corporation involving allegations of extortion involving the CFO and President of the subsidiary.
  • Successfully defended national land developer Lennar in investigation involving allegations of bribing city and redevelopment officials in connection with billion dollar redevelopment project.
  • Conducted internal investigation of one of the largest satellite manufacturers regarding a hundred million dollar bribe of foreign officials.

 

Campaign Finance Investigations

 

  • Successfully represented executives of world’s largest shipping company Evergreen for allegedly improper political contributions.
  • Successfully represented international engineering and construction firm investigated for making improper political contributions.
  • Successfully defended national title insurance company in campaign contribution and finance investigations conducted on the local and state levels.
  • Successfully represented California State Treasurer in federal and state investigation involving campaign contributions.
  • Defended major contributor of national political party during congressional investigation of contributions involving Vice-President Al Gore’s presidential election and campaign.

 

Representation of Professionals

 

  • Defended Big Six accounting firm in U.S. Customs proceedings concerning the alleged receipt of laundered money.
  • Successfully defended attorney accused by court appointed receiver of professional malpractice in arbitration hearing; obtained complete defense verdict and award of costs against Receiver.
  • Successfully defended top executive of one of the world’s largest banks in grand jury investigation involving the financing of a movie studio.
  • Successfully represented court-appointed receiver of the United States District Court for the District of the Virgin Islands in numerous cases and conducting investigations involving tax fraud and evasion by third parties.
  • Successfully represented physicians in wrongful termination cases against medical entities.

 

Environmental Cases

 

  • Defended overnight delivery carrier in state criminal case involving the transportation of hazardous materials.
  • Defended financial institution in a criminal investigation involving the work place death of an employee.
  • Defended Fortune 100 computer company in civil litigation involving contamination of ground water in Orange County.
  • Defended corporations and individuals in federal and state civil and criminal investigations involving contamination of ground water and illegal disposal of chemicals.

 

Qui Tam Actions

 

  • Represented plaintiffs in qui tam actions against home health care agencies to pursue claims of Medicare fraud and violations of the Anti-Kickback statutes.

 

Wrongful Death and Products Liability

 

  • Represented plaintiffs in products liability action against manufacturer, distributor, and retailer of SCUBA diving equipment for, in part, failing to include safety measures on its equipment that could have remedied foreseeable misuses of the product.

 

Premises Liability

 

  • Represented plaintiff who sustained life-threatening personal injuries in premises liability claim against the City of Los Angeles alleging that plaintiff’s injuries were caused by the dangerous condition of a city street.
  • Represented plaintiff against City of Los Angeles for dangerous condition of public property claims related to a motorcycle accident that was caused by a large pothole in the street that had gone unrepaired.
  • Represented public entity against claims that a defective traffic signal caused a car accident and resulting personal injuries.

 

Wrongful Termination

 

  • Successfully obtained recovery for physician who was wrongfully terminated from his position at a Southern California hospital.
  • Represented plaintiff against non-profit organization who wrongfully terminated plaintiff’s employment after plaintiff resisted complying with the organization’s unlawful practices.
  • Successfully obtained recovery for management level employee who was wrongfully terminated from his position with a national corporation.
  • Represented police department in connection with claims that an officer had been wrongfully terminated from the force due to his military commitments.

 

Employment Discrimination Causes of Action

 

  • Successfully obtained recovery for plaintiff whose employer had posed illegal questions during the interview process and then, after hiring plaintiff for a management level position, discriminated against him on account of his age and marital status.
  • Successfully represented management level employee who had been terminated and discriminated against on account of his race and religion.
  • Successfully defended police department against claims that the department had discriminated against an officer on account of his age.

 

Wrongful Arrest

 

  • Successfully represented public entity and peace officers accused of wrongfully arresting person who carried a loaded firearm while driving on city streets.

 

Defamation

 

  • Successfully obtained recovery for plaintiff physician in connection with defamatory statements made about him in his work environment.
  • Retaliation for Complaining About Unlawful Conduct
  • Represented plaintiff whose employer retaliated against him for complaining about illegal and fraudulent Medicare billing practices and who had illegally provided kickbacks to physicians who referred business to his employer.
  • Represented plaintiff against employer who retaliated against her and terminated her employment because plaintiff complained about the organization’s unlawful conduct in the United States and overseas.
  • Defended police department against claim that department retaliated against officer who complained about alleged unlawful conduct.

 

Breach of Contract

 

  • Successfully represented physician for breach of contract claims against medical facility partners.
  • Represented employee for breach of contract claims against employer who failed to uphold promises regarding certain employment benefits.
  • Represented contractor against business owner who failed to tender payment for work performed to repair building and abate a public nuisance.

 

Negligence

 

  • Represented pregnant plaintiff who sustained personal injuries and prenatal complications after being rear-ended by a negligent truck driver.
  • Represented plaintiff who sustained personal injuries when the operator of a recreational boat trip negligently operated the boat causing it to become airborne and crash into a large wake of a boat.
  • Represented plaintiff bicyclist who sustained personal injuries when the driver of a motor vehicle negligently exited a freeway and collided with plaintiff who was properly within a crosswalk.
  • Represented plaintiff bicyclist who sustained personal injuries when the driver of a motor vehicle negligently drove on a college campus.
  • Successfully defended peace officer against negligence claims arising from a low-impact rear-end vehicular collision.
  • Represented public entity against claim its park employees negligently caused a person to sustain personal injuries when closing down the park.

 

Fraud

 

  • Successfully represented several former and current insurance sales agents against claims that they fraudulently sold insurance policies.
  • Represented plaintiffs who had been fraudulently induced to participate in a real estate transaction involving the sale of their home.
  • Represented plaintiffs who had been fraudulently induced to participate in a business plan that ultimately deprived them of all financial contributions.
  • Represented plaintiffs who had been fraudulently induced to purchase a home through an employer’s home purchase plan.

 

Wage and Hour Class Action

 

  • Successfully defended corporation against wage and hour claims arising from allegations that the company failed to provide employees with meal breaks, rest periods, overtime pay, and reimbursements.