Significant Trials or Equivalent Professional Experiences

Reed R. Kathrein v. Coughlin Stoia Geller Rudman & Robbins LLP, William Lerach, Patrick Coughlin, John Stoia, Darren Robbins, Helen Hodges, Paul Geller, Samuel Rudman and Michael Dowd, JAMS Case No. 1100051135.

Mr. Schaberg represented the Respondents and served as lead trial counsel in connection with a two (2) week arbitration before the Honorable Judge William Cahill (Ret.) Petitioner Kathrein sued his former law firm and law partners claiming that they had wrongfully expelled him from the partnership, breached their fiduciary duties and stole his equity share of the firm’s pending class action recoveries. He claimed compensatory damages of approximately $14 million, and punitive damages of approximately $25 million.
At the conclusion of the two (2) week arbitration and post-arbitration briefing, Judge Cahill entered his verdict and judgment for Respondents on all counts and the Petitioner took nothing.

Ronald D. Elijah v. R.S. Investment Trust, et al., No. CGC-05-441275, San Francisco County Superior Court, Honorable Suzanne Bolanos, presiding.

Mr. Schaberg represented the Defendants and served as co-lead trial counsel in connection with a fourteen (14) day jury trial. The Plaintiff had served as a sub-advisor for a sub-set of mutual funds and hedge funds that were part of a larger family of funds. The Trustees overseeing the operation of the funds did not renew Mr. Elijah’s sub-advisory contract and he sued for breach of contract and breach of fiduciary duty. Mr. Elijah claimed damages of approximately $46 million.
After fourteen (14) trial days, and just before Defendants were to file their motion for directed verdict, the Plaintiff chose to settle the matter on terms that were very favorable to Defendants.

BRM Technologies, Ltd. v. Broadview International, LLC, et al., No. C-99-05273, (D. N.J.).

Mr. Schaberg represented BRM Technologies, Ltd. as co-lead trial counsel and prosecuted their fraud and breach of fiduciary duty claims on behalf of the largest venture capitalist in Israel that settled favorably during the second day of voir dire.

Rudolph and Sletten v. DPR Construction, Inc., et al., No. 384052 (CA Superior Court San Mateo County).

Mr. Schaberg represented Rudolph and Sletten as co-lead trial counsel and prosecuted their misappropriation of trade secret and breach of fiduciary duty claims that settled favorably the evening prior to voir dire.

Defense of savings and loan CEO that settled favorably with insurance funds during the 14th week of a jury trial.

In Re National Mortgage Equity Corporation Mortgage Pool Securities Litigation, 636 F.Supp. 1138; 602 F. Supp. 1073; 116 F.R.D. 297; 723 F. Supp. 497 (C.D. Ca.)

Prosecution of securities fraud claims on behalf of several savings and loan associations that settled favorably after we won a crime-fraud exception motion against the law firm Lord, Bissell & Brook.

Clemco Industries v. Commercial Union Insurance Company, 665 F. Supp. 816 (N.D. Cal. 1987).

Prosecution of an insurance coverage claim that resulted in the first California decision to hold that manifestation equaled occurrence for purposes of insidious diseases.

Hudson, et al. v. Capital Management International, Inc., et al., 565 F. Supp. 615 (N.D. Cal. 1983).

Defense of CEO in securities class action that resulted in a settlement with insurance funds prior to trial.

Prosecution of an antitrust claim that resulted in a summary judgment finding of liability (Section 2 violations), but a bench trial finding no damages due to the speculation and uncertainty of the plaintiff’s revenue record.