REPRESENTATIVE EXPERIENCE
Philip M. Guess
Securities and Fraud Litigation
Represented publicly-traded renewable energy company in defense of various claims, including alleged racketeering, breach of fiduciary duty, conversion. Secured stay of case pending resolution of clients’ actions in foreign country.
Secured summary judgment for publicly traded renewable energy company with respect to founder’s termination and claims of equity ownership Monfort v. ADOMANI, Inc., 18-CV-05211-LHK, 2019 WL 6311378 (N.D. Cal. Nov. 25, 2019); see also 2019 WL 131842 (N.D. Cal. Jan. 8, 2019).
Represented entrepreneur before the US Court of Appeals for the Ninth Circuit, obtaining dismissal of securities fraud claim. 748 F. App’x 732 (9th Cir. 2018).
Represented individual/fund in defense of US$10 million lawsuit seeking compensation for alleged investment advice. Case summarily dismissed. Case No. 4:15-CV-40082-TSH, 2015 WL 5822629 (D. Mass. Oct. 1 2015).
Represented liquidating trustee for the Meridian real estate funds in resolution of a US$220 million fraudulent scheme, the largest fraud of its kind in the Pacific Northwest. In Re: Consolidated Meridian Funds, et al., 487 B.R. 263 (W.D. Wash. 2013).
Represent defrauded institutional investors in In Re Bayou Group, LLC in Southern District of New York bankruptcy court. Institutional investors ultimately recovered monies and judgments in excess of US$75 million. 363 B.R. 674 (S.D.N.Y. 2007).
Represented global pesticides company and its subsidiary in Florida District Court in dispute with subsidiary’s founder and former executive alleging securities fraud, fraud, breach of fiduciary duty, and breach of contract.
Represent Northwest and California-based investment funds with respect to investor losses in the investments in the Bernard L. Madoff Ponzi Scheme in California state litigation.
Represented a city retirement system with respect to fraudulent acts of broker-dealer managing assets.
Represented publicly traded renewable energy company in Riverside Superior Court in ’33 Act case asserting material omissions in disclosures related to initial public offering.
Represented medical diagnostic laboratory in derivative case pending in San Jose Superior Court.
Represented an investment fund in investigations before the Washington Department of Financial Institutions pertaining to management fees.
Represented large state employees’ pension fund in dispute with investment fund and former founder pertaining to founders’ recent criminal plea related to bribery scandal.
Represented former Chief Financial Officer of San Diego-based technology company in company investigation and associated derivative action.
Represented a publicly traded renewable energy company with respect to informal or formal investigations by the Securities & Exchange Commission into potential employee insider trading.
Represented an East Coast-based investment fund in bankruptcy proceedings before the US District Court for the Southern District of New York.
Represented mineral company in class and derivative actions in Idaho federal court.
Represented warehouse lending company in fraudulent conveyance action against former retail lender in King County Superior Court. Obtained multi-million dollar summary judgment award.
Merger/Acquisitions and Valuation Litigation
Represented seller of workplace safety equipment company in dispute related to application of Generally Accepted Accounting Principles affecting earn out payment.
Represented seller of maritime services company in dispute related to application of Generally Accepted Accounting Principles affecting earn out payment.
Represented a minority shareholder in a global public relations and media company in a valuation/breach of fiduciary duty dispute.
Represented investment fund in dispute over buyout of co-founder and alleged breaches of fiduciary duty.
Represented large resource company in valuation dispute regarding natural gas field.
Represented consulting firm in valuation case involving departing partner.
Represented educational services company in dispute regarding claims associated with post-transaction claims against escrow.
Other Business Litigation
Represented several large financial institutions in series of cases involving allegations of wrongful foreclosure and/or violation of various federal lending laws and regulations. Secured numerous dismissals and settled numerous other cases on favorable terms.
Represented national cellular telephone company in litigation in Kitsap County Superior Court involving multimillion-dollar breach of contract dispute. Obtained multimillion-dollar summary judgment award.
Represent large food processor in dispute with national chicken producer regarding the supply of chicken products adulterated with bones.
Represented a Seattle-based technology company in multimillion-dollar breach of contract action filed in King County Superior Court.
Represented a large national pipeline company in dispute with various agencies of the State of Washington regarding awarding requisite permits for expansion. Secured injunctive relief in client’s favor.
Represented a British university in breach of contract dispute with former PhD candidate filed in federal court in the Western District of Washington. Secured summary dismissal of case which was upheld on appeal. 2002 WL 73228 (Jan. 8, 2002); 113 Fed.Appx. 193 (2004).
Represented consultant related to investment in renewable energy tax equity investment.
Represented Pennsylvania-based energy company in large breach of contract arbitration related to transportation and delivery of natural gas.
Represented a national cellular telephone company in consumer class action filed in King County Superior Court regarding purported improper allocation of minutes. Case summarily dismissed.
Represented a Taiwan-based technology company in breach of contract litigation in federal District Court in Indiana and Hong Kong.
Employee Mobility Litigation
Represented companies regarding allegations of theft of trade secrets, violations of non-compete agreements, or both. Representations extend to many industries, including technology, investment services, pharmaceuticals, medical supplies and devices, global logistics, gaming, premium machine products, marketing, and fisheries. Jurisdictions include state and/or federal courts in Washington, Oregon, California, Texas, Ohio, and Missouri. Have secured restraining orders and injunctions in prosecution (see e.g. Case No. 3:17-CV-01160-MO (Or. D. November 3, 2017) and dismissals while defending.
