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Practice Areas

Professional Liability

We have represented law firms and attorneys in defense of professional liability claims and motions to disqualify, and have provided advice regarding a variety of issues arising out of partnership disputes and professional responsibilities.  When other lawyers turn to us for representation, we appreciate the necessity to act quickly and discreetly in our defense of them. Our clients range from large, multi-national law firms to single-office firms based in the Bay Area.  We have defended claims against attorneys arising out of intellectual property litigation matters, general corporate advice to start-ups, real estate transactions, as well as more unusual claims asserted by non-clients against law firms.

Appellate

We have represented clients in a variety of appellate proceedings, including direct appeals and petitions for writs of mandate.  For example, Mr. Skaggs obtained a reversal from the First District Court of Appeal of a trial court order allocating wrongful death proceeds in Schellinger v. Schellinger.  The First District Court of Appeal in Sanguinetti v. Forest Laboratories also recently affirmed a trial court order granting summary judgment in favor of Skaggs Faucette client Forest Laboratories in an employment action.  In 2017, Mr. Faucette successfully opposed Open Text Corporation’s attempt in the United States Court of Appeals for the Ninth Circuit to vacate an arbitration award he obtained for client Kevin Cochrane.  Also that year, Mr. Faucette prevailed on a direct petition to the Colorado Supreme Court on behalf of client Borrego Solar Systems, Inc.  The Colorado Supreme Court held that the district court had exceeded its jurisdiction in finding that Borrego was subject to general jurisdiction in Colorado.

Contract/Commercial Litigation

We have significant experience in representing clients in contractual disputes and other commercial litigation.  For example, Mr. Skaggs obtained an arbitration award (which included an award of attorneys fees and costs) in favor of his client Grey Heron LLC in a dispute with Demandbase, Inc. with respect to a finders fee due to Grey Heron.  Similarly, Mr. Faucette obtained an arbitration award of more than $1.6 million on behalf of his client Borrego Solar Systems, Inc. in a breach of contract dispute with SolarCity.

Financial Services

We routinely litigate disputes associated with the financial services industry.  These representations include defending claims regarding reverse mortgages and mutual fund fees, as well as litigating claims associated with various Commercial Code provisions related to checks and wire transfers.

Employment

We have represented both employees and employers in a variety of employment related matters ranging from employee/independent contractor classification, wage claims, claims of discrimination and harassment, and whether an employee was properly terminated “for cause.”   In Sanguinetti v. Forest Laboratories, we obtained a summary judgment in favor of our client on all ten causes of action brought by a former employee.

Intellectual Property Litigation

Skaggs Faucette attorneys have represented and counseled clients in intellectual property matters involving patents, trademarks, copyrights, rights of publicity, and trade secrets.  We recognize that these types of matters are often critical to our client’s ability to protect valuable assets or to continue to do business in the face of challenges from competitors.

Patent:

We have represented clients in patent matters involving computer technology, medical devices, toys, and sporting goods.  We often partner with other firms in patent matters, and we have worked with attorneys from firms such as Williams & Connolly, Brinks Hofer, McKool Smith, Baker & Botts, and Pillsbury Winthrop.

Trademark:

We have acted as lead counsel in over 40 trademark litigation matters in in federal courts all over the United States, including the Northern, Central and Southern Districts of California, the District of Oregon, the District of Nevada, the District of Iowa, the Eastern and Southern Districts of New York, the Northern and Western Districts of Texas, the District of Rhode Island, the District of New Jersey, the Middle and Southern Districts of Florida, the District of Puerto Rico and the District of Louisiana.  We have also served as counsel in several inter partes proceedings in the Trademark Trial and Appeal Board and in UDRP proceedings to stop infringing domain names.  Mr. Faucette is a member of the International Trademark Association (INTA) and currently serves on the Internet Committee.

Copyright:

We have represented clients in litigation and in negotiations over alleged copyright infringement.  We have also counseled clients on the scope and interpretation of copyright licenses.

Right of Publicity:

Mr. Faucette represented Major League Baseball Properties in several seminal cases involving right of publicity claims by retired players.  We have also advised clients regarding potential and asserted right of publicity claims.

Trade Secrets:

We regularly advise companies and individuals regarding the scope of trade secret protection in the context of employee mobility issues.  We have also represented clients in both the defense and prosecution of trade secret claims.