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2 C ALI F ORNI A LAW TO D AY
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T
om Girardi has become a legend
for his courtroom victories, as well
as his advocacy for the judiciary
and legal profession. His 30-lawyer
firm, Girardi|Keese, boasts more members
of the illustrious American Board of Trial
Advocates than any other firms and his
advice is valued as much by injured consumers as it is by national political and
business leaders.
“These cases, what my firm and I do every
day, is the most important work I know,”
says Girardi, who has tallied more than $11
billion in verdicts and settlements. “There
is no higher calling than to go to court and
represent someone who has been injured
to ensure they are compensated.”
“These cases, what
my firm and I do
every day, is the
most important
work I know.”
— Tom Girardi
Photography by Amy Cantrell
benzene
100 times
higher than
Nicole DeVanon
brought
suit onofbehalf
decorated
year veteran andAumais
A decoratedA 20
year 20
veteran
Nicoleand
DeVanon
brought suit
on behalf
Bryan Stowcancer-causing
levels of
explosive
methane
gas the
and the presence of
state risk levels. benzene 100 times higher than the alof Bryan
the Los
Angelesand
Dodgers
and its
Sargent
the Newport
against
theStow
Los against
Angeles
Dodgers
its then
owner,allowable
cancer-causing
Sergeant with
the with
Newport
Beach
the contamination
was discovered, Dole
thenMcCourt.
owner, Frank
Thealleged
complaint
alleged
Beach Policetestifies
Department
Frank
TheMcCourt.
complaint
that
delays and When
lowable
state risk levels.
Police Department
for
did not step forward in a socially responsible way
thatindelays
and deployment
gaps in securityallowed
deployment
the
testifies
another officer in
gaps
security
theallowed
two attackers
another officer
in for
a discrimination
and hasWhen
refusedthe
to participate
in the investigation
two attackers to not only to assault Mr. Stow, but other
a discrimination case in the
contamination
was discovered, Dole did not
to not only assault Mr. Stow, but other Giants’ fans durcase in the same department,
and remediation
of the neighborhood.
While the way and has reGiants’ fans during and after the game. The evidence
same department, identifying
step forward
in a socially responsible
ing and after the game. The evidence showed that the
identifyingsuperior
superior
officers.
Not
told not to come
contact withand remediation
officers. Not long after, showed that the two off-duty police officers assigned the homeowners
fusedwere
to participate
in theinto
investigation
two
off-duty
police
officers
assigned
to
the
lot
where
long after, aa course
courseofofharassment
harassment
the soil of
in their
yard, Dole was spending
millions
to
lot where Bryan Stow was attacked did not arrive in the
against
the neighborhood.
While the
homeowners
were told
Bryan
Stow
was
attacked
did
not
arrive
in
the
parking
against that
same
Sergeant
comin the clean-up. Dole has stated
parking lot until thirty minutes after the attack on Bryan avoid participating
that same Sargent commences.
not to come into contact with the soil in their yard,
lot
until
thirty
minutes
after
the
attack
on
Bryan
Stow
mences.
His
wife,
a
civilian
disit has a 30 million dollar budget for expert witnesses
His wife, a civilian dispatcher for the same department
Stow had occurred.
Dole was spending millions to avoid participating in
patcher
forofthe
same
After five weeks of trial and testimony from fifty-six
to help them avoid their responsibilities. Rather
also becomes
the object
scorn.
A department
random audit of thehad occurred.
the clean-up.
Dole
has responsibility
stated it has a 30 million dollar
also becomes
the object
of scorn.
A random computer
audit of use
than clean-up
and engage
in social
witnesses, the jury found in favor of Bryan Stow and
Sargent’s
computer
yields inappropriate
five weeks
of against
trial and
fifty-six
wit-Dole appears
budget
forcontent
expert
to Dole’s
help them avoid their
to be
to witnesses
litigate forever.
rendered
a verdict
thetestimony
Dodgers in from
the sum
of
andcomputer
leads to a demotion.
At the Civil Service
hearing After
the Sergeant’s
yields inappropriate
computer
nesses,
the jury found
in favor
of BryanasStow
and
clean-up
are: 1) It happenedRather
too longthan
ago; 2)
They and engage in
$13,901,738.00.
This verdict
is significant
no jury
in ren-defensesresponsibilities.
the demotion,
the Chief
of the
police
use and leadschallenging
to a demotion.
At the Civil
Service
hearing
a verdict
against
the Dodgers
in the
responsibility,
realize that
toxic materialsDole
wouldappears
be harmfulto be content to
California
has held
a professional
sporting team
liablesum ofdid not social
department
speculates
about
leading to dered
challenging the
demotion,
the Chief
of wife-swapping
the police departThisliability
verdict
is significant
as no jury into people
litigate
Dole’s
are:one
1) It happened too
and, 3)forever.
It was not
them defenses
that did it but
under a premises
theory
in decades. Further,
a public
confrontation
betweenleading
the wifetoand
the Chief. $13,901,738.
ment speculates
about
wife-swapping
a pubCalifornia
held
a professional
sporting
team liableof their long
ago; 2)
did for
notthem
realize
that toxic materials
subsidiaries.
TheThey
problem
is they
after the has
verdict,
other
professional sports
stadium
Soonbetween
after, further
misuse
is identified
lic confrontation
thecomputer
wife and
the Chief.
Soonand
a premises
liability&theory
decades.
Further,purchased
the contaminated
fromand,
Shell Oil
owners
contacted Girardi
Keese forinideas
to improve
Sargent is terminated.
monthsand
later the
so, too, under
would
be harmfulproperty
to people
3) It was not them
after, furtherthecomputer
misuse is Nine
identified
verdict,
otherevents.
professional
stadium
own-with fullthat
knowledge
theone
toxicofwaste.
even
fanthe
safety
at sporting
Mr. Lira sports
is a member
of the
is the wife. During the course of discovery, extensive after
did it of
but
theirDole
subsidiaries.
The problem
Sergeant is terminated. Nine months later so, too, is the
with Shell
saying that
would
Board
of Trial
Advocates
the to
International
Pitchess motions revealed considerable unprofessional ersAmerican
contacted
Girardi
| Keese
forand
ideas
improve fansigned an
foragreement
them is they
purchased
thethey
contaminated
property
wife. During conduct
the course
of
discovery,
extensive
Pitchess
the site.
However,
theyfull
never
removed the
Academy
of Trial Lawyers
are invitationonly trial
of other officers who were not demoted. The safety
at sporting
events.which
Mr. Lira
is a member
of theclean upfrom
Shell
Oil with
knowledge
of the toxic waste.
motions revealed
considerable
unprofessional
conduct
and did
not disclose
anything towith
the Shell saying that
lawyer organizations.
cases proceeded in two different trials when the Court American
Board of Trial Advocates and the Interna-contamination
Dole even
signed
an agreement
of other officers
were notNo
demoted.
whowould
bought clean
the homes.
refusedwho
to consolidate.
offers wereThe
madecases
and trial tional Academy of Trial Lawyers which are invitation- onlyresidentsthey
up the site. However, they never reproceeded incommenced.
two different
trials
when
the
Court
refused
Ultimately, firms like GK play an integral role in our
After three weeks of trial in Orange
trial lawyer organizations. Amy Solomon is Girardi
moved the contamination and did not disclose anything
to consolidate.
NoSuperior
offers were
made
and trial
com-R.
Keese’s top advocate for woman’s democracy by holding corporate wrong-doers like Dole
County
Court with
co-counsel
Melanie
to the residents who bought the homes.
menced. After
threeand
weeks
of trial
in Orange
County (of
accountable.
contraception litigation. Ms.
Savarese
Lawrence
J. Lennemann,
settlement
Solomon is working on the
$500,000.00)
is achieved.
The R.
employment
Superior Court
with co-counsel
Melanie
Savarese case
andwith
Ultimately, firms like GK play an integral role in our
Amy
Solomon is Girardi
| Keese’sZofran Litigation
Yaz/Yasmin/Ocella
contraception
Lawrence J.everything.
Lennemann, settlement (of $500,000) is
democracy by holding corporate wrongdoers like Dole
In 1991, GlaxoSmithKline
litigation.
Yaz, Yasmin
and
top
advocate
for woman’s
conachieved. The employment case with everything.
accountable.
obtained FDA approval to
Ocella birthlitigation.
control is aMs.
newer
After cutting his legal teeth in
traception
Solomon
market Zofran, a powerful antiof oral pill
Bayer. It
medical malpractice actions, Jim
istype
working
onsold
thebyYaz/Yasmin/
nausea medication designed
has beencontraception
aggressively marketed
O’Callahan became interested
Ocella
litigation.
After cutting
his
legal
teeth
in
to treat nausea
andLitigation
vomiting
without adequate warnings
serious
and potentially
in the interplay between the
Zofran
Yaz, about
Yasmin
and Ocella
birth conmedical malpractice
actions,
Jim
in cancer patients undergoing
including
practice of medicine and medical life-threatening side effects
trol is
a newerblood
typeclots,
of oral pill sold
In 1991,
GlaxoSmithKline obchemotherapy
and radiation
stroke, and death. Ms. by
Solomon
represents
of
and interested
pharmaceutical
O’Callahandevices
became
in
Bayer.
It has hundreds
been aggrestreatment.tained
Zofran FDA
becameapproval
a top- to market
plaintiffs who have suffered said injuries as a result of
products.
Hethe
nowpractice
devotes a
the interplay
between
sively marketed without adequate
selling drug
and generated
$1.3 antinausea
substantial
portion
of his practice Yaz, Yasmin or Ocella use.
Zofran,
a powerful
of medicine
and medical
devices
warnings about serious and pobillion in sales for Glaxo in the first
9 months ofdesigned
2006. to treat nauMs. Solomon also spearheads the firm’s Transvaginal
to pursuingproducts.
the manufacturers
of
medication
and pharmaceutical
He
tentially
life-threatening
side
effects
including
blood
In December 2006, Glaxo lost patent
for in cancer paMesh Litigation. Ms. Solomon represents hundreds
defective drugs
defective
medical products.
sea protection
and vomiting
nowand
devotes
a substantial
portion
clots,
stroke,whose
and lawsuits
death. Ms.
represents
companies
were now chemotherapy
of women
have Solomon
been filed against
the hun-Zofran and other pharmaceutical tients
O’Callahan
is currently
pursuing
cases against
undergoing
of his
practice
to pursuing
the the dreds
of
plaintiffs
who
have
suffered
said
injuries
as
a
able to manufacture a generic version
the drug. In
makers of transvaginal mesh devices. These medical
makers of defective hip implants and surgical devices,
andofradiation
treatment. Zofran
manufacturers of defective drugs
of Yaz,
or designed
Ocella use.
order to keep Zofran profitable, Glaxo began marketing
devices
wereYasmin
defectively
and caused serious
including robots used to perform invasive surgery and result
became a top selling drug and
and defective medical products.
Zofran “off-label” to doctors as a treatment for pregnant
health problems.
extract organs and tissue. He is also handling cases
billion in sales for Glaxo in the first 9
Ms. Solomon
also
the pelvic
firm’sorgan
Transvaginalwomengenerated
experiencing$1.3
morning
sickness, even though
The meshes
arespearheads
implanted to treat
epidural
catheters
and
endotracheal
tubes.
O’Callahan isinvolving
currently
pursuing
cases
against
the makmonths
2006.
In December
Mesh
Litigation.
Ms.
Solomon
represents
hundreds
of
Zofran was
neverof
tested
or approved
for such2006,
use byGlaxo
the lost patent
prolapse or stress urinary incontinence, but have been
Following his lay role in the Vioxx litigation,
ers of defective hip implants and surgical devices, includprotection
for
Zofran
and other pharmaceutical compawomen
whose
lawsuits
have
been
filed
against
the
FDA.
linked to mesh erosion, organ damage, chronic pain,
O’Callahan now serves on the California Steering
ing robots used to perform invasive surgery and extract
niesdesire
weretonow
able to
manufacture
a generic version of
mesh vaginal
devices.
These
medical Glaxo’s
put profits
before
patient safety
bowel of
andtransvaginal
bladder perforation,
scarring,
urinary
Committees for the Risperdal litigation and the Actos makers
organs and tissue.
HeRisperdal
is also ishandling
cases
involving
drug.
In order
to keep
Zofran
were
designed
caused seriousresultedthe
in total
catastrophe.
Pregnant
women
whoprofitable, Glaxo
problems
anddefectively
infections which
requireand
additional
litigation.
a drug that
was marketed
for “off devices
epidural catheters
and
tubes. boys developing health
began
Zofransickness
“off-label”
problems.
had been
taking marketing
Zofran for morning
began to doctors as a
surgeries
with permanent damages.
label” use
andendotracheal
resulted in adolescent
treatment
for with
pregnant
women
experiencing morning
giving birth
to children
birth defects
– cardiac
gynecomastia. Actos, a Type II diabetes medication,
Following his lay role in the Vioxx litigation, O’Callahan
TheCARSON
meshes are implanted to treat pelvic organ prolapsemalformations,
cleft
palates
and kidney
defects.
caused some users to develop bladder cancer.
sickness,
even
though
Zofran
was Medical
never tested or apnow serves on the
California
Steering
Committees
for
or
stress
urinary
incontinence,
but
have
been
linked
to
researchers
and scientists
the FDA.
nightmare
Corporations love to
O’Callahan also spearheaded the firm’s successful
proved
for suchconfirmed
use by the
the Risperdalefforts
litigation
and
the
Actos
litigation.
Risperdal
mesh
erosion,
organ
damage,
chronic
pain,
bowel
and
relationship between Zofran and birth defects was very
represent to the world that
to keep open the long-term care unit at the
is a drug thatMotion
was marketed
“off label”
and
bladder perforation, vaginal
urinary problemsreal, finding
Glaxo’s
desireincrease
to putinprofits
a two-fold
the risk before
of certainpatient safety rethey arescarring,
socially conscious
Picture andfor
Television
Fund use
facility
in resulted in adolescent
boys
developing
gynecomastia.
to babies
born
to women taking
Zofranwomen who had
or environmentally
Woodland Hills. The firm worked with residents and and infections which require
additionalfriendly.
surgeries withbirth defects
sulted
in total
catastrophe.
Pregnant
Actos, a Typetheir
II diabetes
medication,
caused
some
users
during their
In 2012,
agreedsickness
to pay a began giving
families to
insure that the
MPTF
stayed
true to its permanent damages. Unfortunately, this is not always
beenpregnancy.
taking Zofran
forGlaxo
morning
to develop bladder
cancer.
$3 billion
settlement
to thewith
U.S. Department
of Justice
true.
historical mission and that the facility survived to serve
birth
to children
birth defects
– cardiac malformaGirardi Keese’s Tom Girardi,
to resolve
civil cleft
allegations
thatand
it promoted
several drugs,
those affiliated with the industry.
tions,
palates
kidney defects.
Medical researchO’Callahan also spearheaded the firm’s successful efforts
including
for off-label
use and paid
Bob Finnerty and Christopher
ersZofran,
and scientists
confirmed
thekick-backs
nightmare relationship
CARSON
to keep openBryan
the long-term
care
unit
at
the
Motion
Picture
to doctors
for prescribing
drugs.
Stow v. Los Angeles Dodgers
Aumais are currently pursuing
between
Zofranthe
and
birth defects was very real, finding
and Television Fund facility in Woodland
Hills.31,
The
firmBryan
such a case where Dole
Girardi & Keese currently represents several women
On March
2011,
a two-fold increase in the risk of certain birth defects to
Corporations love to represent to
and
their
young
children
who
have
been devastated by
Foods
Company,
Inc.
and
its
Stow
was
viciously
attacked
by
worked with residents and their families to insure that the
babies born to women taking Zofran during their pregthe
world knowingly
that they built
are sociallythis all too
familiar pharmaceutical practice of profits
two Dodgers
fansthe
in the
Los
subsidiaries
MPTF stayed true to its historical mission
and that
facilnancy.
In 2012,
Glaxo
toGriffin
pay aare
$3 billion settleconscious
over safety.
Thomas
V. Girardi
andagreed
Keith D.
homes in theor
late environmentally
1960’s over a
Angeles
Dodgers
parking lot
ity survived to serve those affiliated
with the
industry.
the U.S.
Department
of Justice to resolve civil
friendly.
Unfortunately,
this is notheadingment
heavily polluted
site in Carson,
up thetolitigation
team
against GlaxoSmithKline
after attending the Opening
allegations
thatand
it promoted
drugs, including
always
true.
on behalf
of these women
children whoseveral
have been
California.
GK represents over
Day game pitting the Dodgers
off-label
use andBoth
paidMr.
kickbacks to doctors
so badlyZofran,
harmed for
by this
drug company.
1,000 residents in the Carson
against their rival, the San
Girardi
Bryan Stow Francisco
v. Los Angeles
the
drugs.of the American
Carousel| Keese’s
HousingTom
TractGirardi,
where a BobGirardi for
andprescribing
Mr. Griffin are
members
Giants.Dodgers
Bryan Stow’s
Finnerty
and Christopher
AumaisBoard of Trial Advocates, which is one of the most
state of emergency
was declared
injuries from this attack left him
Onimpaired.
March The
31, Girardi
2011, Bryan
| Keesetrial
currently
represents several
pursuing
such a caseselectiveGirardi
and prestigious
lawyer organizations
in the women and
last July by the Carson are
Citycurrently
Council because
of high
permanently
& KeeseStow
trial team
was
viciously
attacked
byLira,
two
where
Foods
Company,
Inc.country.their young children who have been devastated by this
levels of explosive methane
gasDole
and the
presence
of
consisting of
Thomas
V. Girardi,
David R.
Chris
Dodgers fans in the Los Angeles
all too familiar pharmaceutical practice of profits over
and its subsidiaries knowingly
Dodgers parking lot after attending
built homes in the late 1960’s over
safety. Thomas V. Girardi and Keith D. Griffin are headthe Opening Day game pitting the
a heavily polluted site in Carson,
ing up the litigation team against GlaxoSmithKline on
California. GK represents over
Dodgers against their rival, the San
behalf of these women and children who have been so
1,000 residents in the Carson
Francisco Giants. Bryan Stow’s inbadly harmed by this drug company. Both Mr. Girardi
Carousel Housing Tract where a
juries from this attack left him perand Mr. Griffin are members of the American Board of
state of emergency was declared
manently impaired. The Girardi | Keese trial team consistTrial Advocates, which is one of the most selective and
last July by the Carson City Council because of high
ing of Thomas V. Girardi, David R. Lira, Christopher Aumais
prestigious trial lawyer organizations in the country.
The Advocate for the
Toughest Battles
Despite all his success, he still loves nothing more than taking on a corporation that
he believes is taking advantage of people.
That’s exactly the case with his battle
against Dole Food Co. on behalf of 1,000
residents of the Carousel division of Carson,
which is heavily polluted by petroleum
waste. In July, the Carson City Council declared an environmental emergency because benzene levels 100 times allowable
levels were found.
“I’ve seen some really bad actors in my time,”
says Girardi, whose fame was made as one
of the lawyers in “Erin Brockovich”. He won
$333 million against PG&E for its devastation
of Hinkley, California, and its 650 residents,
who were poisoned by hexavalent chromium.
But this one takes the cake. The residents of
www.girardikeese.com
Tom Girardi
Carousel saved every penny they had for
these dream homes, and now all they have
is a nightmare.”
juana use and a lack of security. McCourt
had cut back security and increased alcohol
sales, Girardi claims, in the name of profits.
As with Dole and other toxic polluters,
Girardi specializes in holding accountable
large and powerful organizations that deny
responsibility while making huge profits.
That was the motivation that fueled his
recent lawsuit against the National Football
League, winning a $765 million settlement
on behalf of former professional football
players who have suffered brain injuries.
Girardi, Christopher Aumais, and David Lira
have led the litigation against the Dodgers
and former owner Frank McCourt through
bankruptcy court and now with new owners. However, instead of trying to settle the
case to help relieve some of Stow’s enormous medical bills, the Dodgers have
fought tooth and nail, most recently filing
motions to dismiss Stow’s entire claim. The
jury awarded $18 million for Bryan.
That’s also his motivation in taking on the
Los Angeles Dodgers and former owner
Frank McCourt for the savage beating of
Giants fan Bryan Stow at the opening day in
2011. Stow was attacked by two raucous
Dodgers fans, fueled by alcohol and mari-
“It’s shameful, really, that the organization
that brought us Jackie Robinson is claiming it doesn’t have responsibility to a fan
who simply came out to enjoy a day at
the ballpark,” says Girardi.
CALIFOR NIA LAW TODAY 3
A SPECIAL ADVERTISING SUPPLEMENT
Case Spotlight
Avandia
Actos
G
Pharmaceutical companies have invested
millions in developing Type II diabetes
drugs, and in the rush to recapture
research and development costs as well
as market share has caused drug
companies to withhold or minimize
dangerous side effects.
Actos was developed by the Japanese
corporate giant Takeda, and was
approved by the FDA in 1999.
Avandia is GSK’s trade name for the drug rosiglitazone, and was
approved by the Food and Drug Administration (FDA) in 1999 for
the treatment of Type 2 diabetes. And although the new millennium seemed bright for the magical drug that claimed “minimal
side effects” people would soon see the light. The grim truth was
that Avandia really only made sick people much sicker.
Beginning in 2005, several studies
showed that Actos users were at greater
risk of bladder cancer than those who
used other diabetes drugs.
In 2011, the French government
announced that a study showed a link
between Actos and bladder cancer and
suspended the use of Actos; Germany
quickly followed suit.
In fact, through clinical trials and in the many years since, Avandia
has been associated with a significant increase in the risk of
myocardial infarction (heart attack). GSK failed to report that its
diabetes drug, Avandia, could put people at risk for stroke, congestive heart failure and even death. GSK’s sales department was
even responsible for bribing doctors to sell their products through
entertainment, vacations, concerts and payment to go on tours.
The company admitted to both bribing doctors and encouraging
off-label marketing.
On June 15, 2011 the United States Food
and Drug Administration issued a Safety
Announcement that the use of Actos
may well be associated with bladder
cancer, and ordered that this risk be
added to the information provided to
doctors and patients through a “black
box” warning.
The FDA estimates that Avandia has caused as many as 100,000
heart attacks. Studies confirm that the drug increases the risk
of heart attack as much 43 percent. Because of this, the drug
now includes a black-box warning that it can cause congestive
heart failure or myocardial infarction and can only be prescribed
as a drug of last resort. What is so deplorable is the population
of patients affected by this drug was the most vulnerable to its
known side effects. Diabetics were already at a massively increased risk of suffering heart failure without being exposed to
Avandia. Adding this drug to a diabetic’s bloodstream was like
throwing kindling on a fire.
4 C ALI F ORNI A LAW TO D AY
Case Spotlight
Type II diabetes is a scourge of public
health. Its pernicious effects cost
individuals and society enormous
amounts of time, energy and money.
laxoSmithKline’s Avandia used to be the world’s bestselling diabetes pill and brought in $3 billion in annual
sales to the pharmaceutical giant. But after studies
linked the drug to an increased risk of heart attack,
Avandia sales were suspended in Europe and temporarily
restricted in the United States. The consequences were drastic,
with sales dropping to around $1 billion in 2010. Now Avandia
is known more for its bad press than anything else. However,
the company’s self-proclaimed noble goal of “enabling people
to do more, feel better and live longer” has been tarnished in
recent years. Many drugs like Avandia have become the center
of litigation after questions arose over consumer safety and the
company’s marketing practices.
The pharmaceutical litigation attorneys of Girardi | Keese wanted
to put a stop to this practice of choosing profits over the health and
welfare of patients. That is why Thomas V. Girardi and Keith D. Griffin were quick to head up the litigation team against GlaxoSmithKline
on behalf of thousands of men and women who were so badly
harmed by GSK. As members of the American Board of Trial Advocates, known as one of the most selective and prestigious trial
lawyer organizations in the country, Mr. Girardi and Mr. Griffin proved
to be formidable opponents to the billion-dollar drug Goliath,
GlaxoSmithKiline. Girardi | Keese precipitated change in the drug
industry where few succeed and most fail. The firm’s success with
its Avandia cases arguably now causes drug manufacturers to reevaluate the safety of their products before putting them to market.
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At the time this occurred, Actos was one
of Takeda’s top selling drugs, and
accounted for $4.8 billion in sales and
over 25% of Takeda’s revenues.
Since June 2011, over 9,000 cases have
been filed by Actos users who
developed bladder cancer. Evidence
has been uncovered that Takeda hid or
destroyed documents related to the
risk of bladder cancer and resulted in
an award of punitive damages.
Keith D. Griffin
www.girardikeese.com
Girardi | Keese continues to fight for
the victims of Actos and their families
and to keep pharmaceutical companies
from selling unsafe drugs and make sure
that Big Pharma is kept honest about
drugs sold in America.
www.girardikeese.com
James O’Callahan
DePuy ASR Hip Implant
The replacement of the bones that form the hip socket with artificial parts was a dream
that became a reality in the 1970’s. An English orthopedic surgeon, John Charnley,
M.D., developed the implant and within a decade of his initial success hip implantation
became popular and internationally accepted.
In 1997, the Birmingham Hip manufactured by Smith & Nephew, the first metal on
metal implant, was introduced to the European market. This metal on metal hip
became a game changer in the multi-million dollar hip implant market.
Johnson & Johnson had a subsidiary, DePuy, that manufactured and sold hip implants.
Johnson & Johnson saw that the Birmingham hip was cutting into its market share in
a substantial way, and rushed a competing device to the market.
In August of 2004, Johnson & Johnson received approval from the FDA to market the
device in the United States. In 2005, the designer of the Birmingham Hip stated that
he believed the ASR had been poorly designed and would suffer a high rate of failure.
This criticism was confirmed over the years starting when the Australian Joint Registry
reported a failure rate of over 5% on the ASR. Although Johnson & Johnson defended
the ASR, its scientists and engineers at DePuy were identifying problems with the ASR.
The DePuy ASR Hip Implant was finally recalled on August 26, 2010. This defective
device had been surgically implanted in over 90,000 patients before Johnson &
Johnson acknowledged the outcries of the medical community and pulled the ASR
from the market.
Recipients of the ASR have had to have the implants removed due to metallosis,
chronic infection and device failure, resulting in the need for revision surgery.
Girardi | Keese has represented dozens of men and women who had the ASR implanted.
In 2013, a settlement program was announced in which a plaintiff could opt in or opt
out. For some, the settlement proposal was acceptable, but for others it was
inadequate.
Girardi | Keese continues to represent the victims of the ASR and is committed to
seeing that justice is done.
CALIFOR NIA LAW TODAY 5
A Commitment to Clients
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Firm Profile
“Our lawyers have one
job. To do the right
thing by everyone they
meet, first and most
importantly our clients.”
— TOM GIRARDI
Standing from left: Keith D. Griffin, Amanda H. Kent Marz, V. Andre Sherman, David N. Bigelow, John Kelley Courtney, David R. Lira, Robert W. Finnerty, Thomas V. Girardi,
Christopher T. Aumais, James Gaughan O’Callahan, John A. Girardi, V. Andre Rekte, Howard B. Miller, Claus Fritz Mory
Seated from left: Kelly Winter, Marina Pacheco, Neyleen Beljajev, Amanda L. McClintock, Amy Fisch Solomon, Jennifer Siegel, Nicole DeVanon, Alexandra T. Steele
G
irardi | Keese, founded in 1965, represents clients in
California and nationwide. Its lawyers have an extraordinary breadth of experience in the practice of law, including cases involving product liability, environmental and
toxic torts, defective drugs and medical devices, anti-trust actions,
class actions, employment law, personal injury, wrongful death, and
medical malpractice.
Every case handled by Girardi | Keese’s lawyers receives the care
and resources that is a product of their experience and success. The
firm is a ‘voice for the injured,’ from the first million-dollar medical
malpractice verdict in California (1970) to a $1.9 billion settlement
for California consumers to a $25,000 verdict for a homeless man
bitten by a dog.
Girardi | Keese lawyers and staff are dedicated because they are
doing work that they believe in. The firm works every day to insure
that it will be even stronger and more successful in the future. New
6 C ALI F ORNI A LAW TO D AY
lawyers at Girardi | Keese are provided all the support they need to
reach their full potential.
defective materials, a manufacturing mistake, a failure to provide
accurate instructions or a failure to provide adequate warnings.
Most of Girardi | Keese’s cases come from referrals, because lawyers
want the best representation available for their clients. Referring
attorneys become a part of the firm’s legal team for the duration of
the case. Lawyers know that to win a case, particularly tough, complex
ones, significant resources are needed. These include: expert witnesses, engineering, medical and scientific knowledge, dedicated
attorneys, and the financial wherewithal to sustain a case for years.
Defects often are seen when a product is rushed to market; it often
turns out that the manufacturer knew the product was dangerous.
The attorneys at Girardi | Keese have the experience, knowledge
and ability to investigate and pursue a product liability case. In many
cases, a change in the product at a modest cost could have prevented serious injuries or wrongful death.
Lawyers at Girardi|Keese discuss cases as a group, collaborating to
develop ideas and creative approaches. Their trial experience is
exceptional: 10 of Girardi | Keese’s attorneys are members of
ABOTA (American Board of Trial Advocates).
Girardi | Keese has a strong history of holding manufacturers responsible for their mistakes when defective products injure people.
For example, a product may be unsafe because of bad product design,
www.girardikeese.com
The firm has successfully challenged auto manufacturers for unsafe
product design and defective component parts. It has also taken
retailers and manufacturers to court for selling unsafe toys and
children’s products. Furthermore, the firm’s trial lawyers have gone
to court on behalf of people harmed by dangerous drugs or defective medical devices. Its product liability lawyers have even fought
airplane and component parts manufacturers when design defects
caused airplane accidents.
www.girardikeese.com
Girardi | Keese has successfully recovered more than three billion
dollars on behalf of its clients over the years. Some of the firm’s
noteworthy cases include: a $4.85 billion settlement with Merck
for personal injuries to consumers of the drug Vioxx; a $785 million jury verdict against several chemical manufacturers for toxic tort personal injury claims; a $633 million settlement with PG&E
for toxic tort personal injury claims by residents of Hinkley,
California (made famous by the film Erin Brockovich); and a $45
million jury verdict against the Ford Motor Company in a product
liability case for a 12-year old boy who was paralyzed due to a
defective seatbelt.
Not only does the firm sue individuals and businesses that have
harmed others, but it works to improve the law. Girardi|Keese works
in Sacramento and in Washington, DC, to strengthen the laws that
protect individuals. It also shares its financial success and professional experience with the community and supports causes ranging
from Toys for Tots to the law schools of Southern California.
CALIFOR NIA LAW TODAY 7
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Women in the Law
Reflections on the Past...
Standing from left:
Jennifer Siegel,
Amanda Marz,
Amy F. Solomon,
Kelly Winter,
Nicole DeVanon,
Marina Pacheco
Sitting from left:
Neyleen Beljajev,
Amanda L. McClintock,
Alexandra T. Steele
Giving Direction for the Future
Amy Solomon
A
my Fisch Solomon has been a fearless trial lawyer
for 26 years, battling large corporations and individuals who have caused harm to thousands of her
clients. Indeed, the desire to obtain justice on behalf
of injured people has driven her career, year after year. However, as she moves into the next quarter century of her practice, Solomon is refocusing on giving back – to the profession,
the community and to our next generations.
“I have thoroughly enjoyed the last 25 years of my practice.
Whether it was trying cases or resolving them through mediation, knowing that I was solving my clients’ problems and
bringing closure to awful events in their lives,” says Solomon.
But now, a new dimension seems to be emerging for her. She
is focused on giving back to the profession, with a special
focus on empowering women. Solomon is dead set on making it clear that “woman trial lawyer” is not an oxymoron.
When Ms. Solomon was in law school, 70% of her classmates
were male. Today, more than half are women. Yet, there are very
few women who pursue trial work. “It still is quite common to walk
into a courtroom for an appearance and be the only female law8 C ALI F ORNI A LAW TO D AY
yer in the room,” says Solomon. This phenomenon so troubled
her that she began to do something about it.
First, as a past-president of Consumer Attorneys Association
of Los Angeles (CAALA), she created a women’s roundtable
group which was to provide a safe and comfortable environment for women members to seek advice and assistance on
several aspects of their practice: trying cases, dealing with
discrimination within the profession, and networking with
others for tips on balancing work/life demands. The group
meets quarterly and has been going strong. “Let’s face it,
women are different than men and when it comes to lawyering, these differences are to be embraced and developed,”
says Solomon. “Over the years, I have had an increasing
number of women clients as my practice has focused more
on women’s issues. How satisfying it is to have a woman call
me for a consultation and hear her say ‘I really want a woman
to represent me.’ Whether the legal issues concern birth
control, medical devices made specifically for women, malpractice issues concerning breast, ovarian or cervical cancer,
pregnancy and birth, women are looking for and demanding
www.girardikeese.com
a woman to represent them. “Imagine how difficult it must
be for someone with a diagnosis of breast cancer to talk to
a man about the devastation she feels from having a mastectomy,” says Solomon.
Another important part of her daily schedule is mentoring the
young women lawyers in her firm. “When I became a lawyer
here I was the only woman. I had some great mentors here,
but they were all men. I want the road to be much easier for
the new women lawyers here,” says Solomon. She points out
that a lot has happened at the firm over the years in adding
women to the ranks. Currently, the firm is comprised of 40%
female attorneys, a fact of which Solomon is extremely proud.
“I am so excited to see so many bright, young women eager
to become great trial lawyers. If I can help pave that road for
them and stoke their enthusiasm, I am thrilled,” says Solomon.
Not only is she mentoring in trial skills, she is also teaching
them her penchant for public service and giving back. For
example, during the last three years, Solomon has served on
the Board of Directors of the Inner City Law Center, a pro bono
law firm on Skid Row providing legal representation to the
www.girardikeese.com
homeless, and those living in slum housing. It was the Center’s
focus on homeless women veterans that drew Solomon onto
the Board. One of her mentees learned of Solomon’s work
with the Center and asked to become involved. “I heard about
the work Inner City Law Center was doing to help homeless
women veterans obtain the VA benefits they were being denied
– I knew I wanted to help,” says Nicole DeVanon. “I signed up,
got the necessary training and have been helping my first client obtain her VA benefits to which she was absolutely entitled,”
says DeVanon.
Another mentee accepted Solomon’s invitation to attend a
fundraiser for Homeboy Industries. Jordan Scott was so moved
by the organization and Solomon’s desire to support it. “It
was so great to see, as a first-year attorney, what giving back
to others looks like and to learn to do that from the beginning
of my career. I was so grateful that Amy brought me along,”
says Scott.
The next 25 years is looking very rosy for Solomon and the
many lives she tries to touch along the way.
CALIFOR NIA LAW TODAY 9
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Product Liability
Faulty
Ignition
Switches
And
Shrapnel
Spitting
Airbags
R
ecently, there have been a rash
of automobile defect recalls related to vital automotive components and safety devices. In a few
instances, the automobile manufacturer
did not timely report a defect until the
death and injury data related to the defect
was undeniable. The following is a summary of a few recent automobile defect
recalls and what to do in response if you
are a victim of an automotive defect.
FAULTY IGNITION SWITCHES
A review of accident data and internal General Motor (“GM”) documents reveals that
certain GM vehicles had ignition switches
that were prone to slip out of position thus
shutting off the power and causing airbags
to fail in collisions. This safety defect has
been linked to multiple deaths and injuries
dating back to the early 2000’s.
David Lira
1 0 CALI F ORNI A LAW TO D AY
Sadly, the evidence suggests that GM’s
engineers had data warning them of this
defect in 2001 and GM did not act until 2014 when it was forced to issue a
recall of millions of vehicles. In 2004,
GM engineers reported internally that
ignition switches on the Saturn Ion were
so weak and so low on the steering column that the driver’s knee could bump
the steering column and easily turn off
the vehicle. This defect was of such concern that one GM engineer reported:
“This is a basic design flaw and should
be corrected if we want repeat sales.”
This finding was essentially ignored. In
its February 2014 recall, GM acknowledged problems internally. The GM
vehicles involved with the defect were:
Chevrolet Cobalt, Pontiac Pursuit, Pontiac Solstice, Pontiac G5, Saturn Ion and
Saturn Sky. Tragically, GM’s recall was
10 years too late for many families.
SHRAPNEL SPITTING AIRBAGS:
Airbags are undoubtedly an effective
safety device in violent collisions. An
airbag deployment is initiated by a controlled explosion inside an airbag inflator which sets off a chemical reaction
that rapidly explodes the airbag. The
airbag then propels toward a driver/front
passenger at 200 m.p.h. within a time
period of 20 - 30 milliseconds. When
airbags are defectively designed or
manufactured, they can cause death or
serious injuries. One example of an airbag defect is when the airbag does not
deploy as designed. Another airbag
defect occurs in the manufacturing process when inferior materials are used or
specifications are not followed. In February 2013, the National Highway Traffic
Safety Administration (“NHTSA”) announced a recall of airbags manufactured by Takata Corporation. NHTSA
investigations confirmed that during
deployments, the Takata airbags frequently sprayed bits of metal into drivers/passengers. Investigations revealed
that the propellant Takata used to set
off the airbag’s inflator – ammonium
nitrate – became unstable and degrades
in humid climates. Takata blamed mishandled and improperly stored propellant chemicals. Again, a report suggests
that Takata knew of these problems at
least four (4) years prior to the recall.
The Takata airbag recall involves 17 million vehicles in the United States and 24
million vehicles worldwide. Takata airbags can be found in vehicles manufactured by Ford, Honda, Toyota, Nissan
and Mazda, to name a few.
WHAT YOU SHOULD DO IF YOU ARE
INVOLVED IN A COLLISION:
In many automobile collisions, victims
often overlook whether or not their vehicle performed as designed. Today, vehicles have to meet a number of Federal
Motor Vehicle Safety Standards (“FMVSS”)
which address everything from tires,
brakes, airbags, and seat belts, to name
a few. If a vehicle is “uncrashworthy,” (that
means that the vehicle by its design can
enhance the potential for injury or death)
it is defective. It is important in serious
accidents that the vehicle be preserved
and that a review of the safety systems be
performed. If an attorney is required to
do this assessment of the crashworthiness
of the vehicle, it is important to retain an
attorney that has the financial means,
knowledge and experience in automobile
defect lawsuits. Girardi | Keese has represented thousands of automobile defect
victims in the last 30 years.
www.girardikeese.com
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Trial Lawyer
Star Attorney
I
n an age of specialization the lawyers at Girardi | Keese specialize in trial work. “We are trial lawyers and proud of it” says
partner Bob Finnerty.
Abraham Lincoln is credited with saying “The true value of a lawyer
is his ability to resolve disputes.” Lincoln was a great negotiator. No
doubt about that. He was also a dedicated and fierce trial lawyer.
The trial lawyers at Girardi | Keese seek to be recognized as trial
lawyers who can resolve disputes. If trial is necessary, we are more
than capable of producing results.
Girardi likes to categorize his lawyers – “We have David Lira handling
products division, Jim O’Callahan handling medical malpractice and
pharmaceuticals. The truth is each trial lawyer at Girardi | Keese has
the capability of handling any type of complex litigation.”
Last year Bob Finnerty and Chris Aumais, recognized as the firm’s
environmental leaders, obtained a judgment in New York for
$59,000,000 in a breach of contract and fraud action. Finnerty and
Aumais then went on to settle a $90,000,000 personal injury action
arising out of a toxic tort.
Sandwiched in between those actions, Finnerty and his son Joe (a
recent addition to the firm) tried an automobile versus pedestrian
action. A high school cross-county runner was struck while running
in the street with his cross-country team. The police report and eye
witnesses placed fault on the young runner for darting out in front
of oncoming traffic. The runner suffered a broken leg but was able
to return to the cross-county team the following year. No offers of
any kind were extended by the defendant and her insurance company. During the two week trial Finnerty was able to use the defense
expert witness to demonstrate the errors of the investigating traffic
officer. Ultimately, the defense expert became Finnerty’s best witness. After two weeks of trial, in a very conservative venue, the jury
returned a verdict in the young runner’s favor of $575,000.
No stranger to antitrust and class actions, Finnerty has also found
time this year to resolve an air particulate case for $30,000,000.
Big returns require big risks. Girardi | Keese has the ability to fight the
corporate giants. Fight them not only in the courtroom but also economically. I went to law school with a hope of helping people resolve
disputes. I saw the law as a way to help at the grassroots level. Common sense should prevail, I thought. Today, most of our cases pit
injured victims against multinational corporations. The fight is never
fair economically. Corporations and insurance companies appear to
have unlimited resources. Gone are the days where lawyers recognized
the dispute and attempted to resolve the claims in a fast, fair and
efficient manner. The cost of litigation has skyrocketed. Not because
of the sheer number of claims, but rather, because of the manner in
which claims are handled. Large multinational law firms dedicate vast
sums of money to engage in unnecessary and wasteful discovery
practice without considering the dispute itself.
Ever increasing their horizons, Finnerty and Aumais have delved into
the cumulated world of bankruptcy law as they represent the neighbors of the Exide Battery Plant. The recycling plant spews out
dangerous levels of lead and arsenic. The facility, charged with releasing dangerous levels of these toxins in the past, simply filed for
bankruptcy. When the dust settled they reopened and began opwww.girardikeese.com
Bob Finnerty
erations once again. Polluting and poisoning people once again.
The case has now settled for the second time. This time Finnerty
and Aumais are pursing the directors and officers themselves as
well as their insurers.
Topping off a two year run, Finnerty settled a burn case for
$56,000,000.
I like the constant challenge the law brings. New challenges bring
new energy.
The law is a special profession. It allows me to grow and experience
new problems and solutions. I cannot think of a better profession.
Girardi | Keese is a special place. It’s truly a mom and pop operation.
When I started here thirty years ago, Tom Girardi’s mom and pop
were the office managers. Tom’s dad “Big Al” ran the place well
into his nineties. Multiple generations of families have worked here
over the decades of its existence. I am pretty sure my assistant and
I started here at the same time. Go figure, she appears to be just
thirty herself. Make no mistake, the trial lawyers are terrific. The
staff on the other hand is what makes this place run. A special place
filled with special people.
CALIFOR NIA LAW TODAY 11
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Spotlight Cases
Trial Lawyer
NFL
Concussions
I
n 2011, 73 former professional football
players filed suit against the National
Football League (“NFL”) alleging that
the NFL failed to take reasonable actions to protect players from the chronic
risks created by concussive and sub-concussive head injuries and fraudulently concealed those risks from players. Soon,
several more actions were similarly filed
against the NFL resulting in all actions
being consolidated into a Multidistrict
Litigation before Judge Anita Brody in the
United States District Court for the Eastern
District of Pennsylvania. There are approximately 5,000 NFL players that have
filed lawsuits against the NFL all of which
are being handled in the Multidistrict
Litigation proceeding. Girardi | Keese, led
by Tom Girardi, Christopher T. Aumais and
Nicole DeVanon represents a large number
of the players.
The players allege in the lawsuits that the
NFL had a duty to provide players with rules
and information that protect players as
much as possible from short-term and longterm health risks including from the risks of
repetitive mild traumatic brain injury. The
players further alleged that the NFL failed
to properly investigate, warn of, and revise
league rules to minimize the risk of concussive and sub-concussive hits in NFL games
and fostered a culture that glorified violence, despite the risks to players. The head
injuries suffered while in the NFL lead to a
host of debilitating conditions, including
Alzheimer’s Disease, dementia, depression,
deficits in cognitive functioning, reduced
processing speed, attention and reasoning,
loss of memory, sleeplessness, mood
swings, personality change, and Chronic
Traumatic Encephalopathy (“CTE”). CTE
causes an increased risk of suicide, symptoms often associated with Alzheimer’s
Disease and dementia, as well as with mood
disorders such as depression and loss of
emotional control.
On April 9, 2013, the Court heard oral
arguments regarding the NFL’s Motions to
Dismiss the players claims based on the
Collective Bargaining Agreements which
address issues including player safety. If the
Court had ruled that the Collective
1 2 CALI F ORNI A LAW TO D AY
Aviation
O
n March 24, 2015, the lives of 150 families were
forever altered when Germanwings Flight 4U-9525
crashed in the French Alps, 60 miles northwest of
Nice. Girardi | Keese is currently involved in representing families and relatives of passengers killed when
Germanwings co-pilot locked the captain out before initiating
a descent that caused the plane to crash. The lawyers of
Girardi | Keese led by John “Jake” Courtney and Keith Griffin
believe it is important to reveal the truth behind this and
similar disasters. By pursuing the right of the relatives of such
unfortunate events, we hope to aid changes to pilot screenings to prevent future tragedies.
Bargaining Agreements
applied, the players would
be required to arbitrate their
claims instead of proceeding
in court. While the Motion
was pending, the parties
reached a settlement
agreement.
Pursuing these rights of air crash victims is not new to the
lawyers of Girardi | Keese. Since 1972, Girardi | Keese has
handled over 150 aviation crashes. In addition the firm currently is involved in litigating more than 35 aviation tragedies. These cases have expanded Girardi |Keese into a
global law firm as most of these crashes occurred outside
the United States. In part, due to successful litigation, it
has been many years since a major U.S. based airline has
had a crash on U.S. soil.
On August 29, 2013, after
two months of negotiations,
the parties reached a
settlement agreement
which included $765 million
to fund medical exams and
provide compensation for
the players. Negotiations
continued for another four
months to determine the
specific terms of the
settlement agreement. On
July 7, 2014, Judge Brody
preliminarily approved the
settlement. On February
13, 2015, the parties
amended the settlement to
make it more favorable to
the players. On April 22,
2015, Judge Brody granted
final approval of the
settlement agreement.
Past cases handled by Girardi | Keese include:
• Ethiopian Airline Flight ET409 which crashed on the
Lebanese coast on January 25, 2010. Case settled for $20
million Dollars.
• Yemenia Airways Flight 626 which Crashed near Comoros
on June 29, 2009. Case settled.
• Air France Flight 447 which crashed between Brazil and
France on June 1, 2009. Case settled.
• Tam Airlines Airbus 320 Flight 3054 that originated in
Porto Alegre in Southern Brazil which crashed on July 17,
2007. Case settled.
• S7 Airlines Flight 778 at Irukutsk Russia International Airport
on July 9, 2006. Case settled.
The final settlement contains
three primary components:
Nicole DeVanon & Christopher T. Aumais
(1) an uncapped monetary
award fund overseen by a
claims administrative that
provides compensation for retired players
NFL players are not required to show that
who submit sufficient proof of neurocognitive
playing in the NFL caused his injury or show
impairment/ decline in cognitive function
actual damages.
and a loss of functional capabilities,
Now that the settlement agreement has been
Alzheimer’s Disease, Parkinson’s Disease,
approved by the Court, players are entitled
Amyotrophic Lateral Sclerosis or death with
to submit their claims for processing by the
CTE; (2) a $75 million Baseline Assessment
claims administrator. However, the settlement
Program provides eligible Retired players
agreement does allow players to opt out of
with free baseline assessment examinations
the settlement and continue pursuing their
of their objective neurological functioning;
claims independently. Girardi | Keese repre(3) and an education fund to educate players
sents a large number of former players that
regarding the NFL’s existing Collective
are qualified to damages pursuant to the
Bargaining Agreement Medical and Disability
settlement agreement. Girardi | Keese is helpBenefits program and promote safety and
ing their clients move through the claims proinjury prevention for football players of all
cess so they may receive fair and just comages, including youth football players. As
part of the settlement agreement, retired
pensation for the injuries they have suffered.
www.girardikeese.com
• Bellview Airlines Flight 210 Lagos, Nigeria at Lagos-Murtala
Muhammed International Airport. Case settled.
More recently, Messrs. Courtney and Girardi tried a double
fatality air crash involving a small commercial flight from California to the island of Catalina. The jury found against the pilot
awarding $5 million Dollars.
Among their current aviation cases Jake Courtney is handling
two crashes on the island of Saipan. Jake, a veteran litigator
who has spent his entire career at Girardi | Keese, is currently
a National Board Representative of the American Board of
Trial Advocates (ABOTA). Many Americans don’t realize that
Saipan is a U.S. Territory similar to Guam. These current cases
involve a small commercial airline that services local islands in
the area. Over the course of less than one year the airline
crashed two of their fleet of seven planes. Sadly, there were
fatalities in both crashes.
John Courtney
www.girardikeese.com
Jake continues to practice a wide variety of cases including
products liability, environmental cases as well as patent and
contractual disputes.
CALIFOR NIA LAW TODAY 13
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Star Attorney
Star Attorney
Protecting
Business and
Financial Interests
E
ntrepreneurs, writers, artists, talent, inventors, small businesses and investors, all need their legal champions. They
especially need help in areas Girardi | Keese excels: intellectual property; antitrust and competition law, and as almost
everyone’s business becomes international, the growing area of international arbitration.
Intellectual property
Copyrights, patents, trade marks, trade names, trade dress, and trade
secrets are among the most important assets small enterprises have.
And when those enterprises are small, the more those assets come
under attack from larger competitors.
Howard Miller
Copyrights
Girardi | Keese represents talent and small businesses asserting copyright
claims. Girardi | Keese also prevailed in the recent case in the U.S. Ninth
Circuit Court of Appeals establishing that the copyright law does not
preempt or prevent authors and other talent from seeking damages as
a matter of contract for “idea submission” claims. (If you’d like to see a
Girardi | Keese lawyer making the oral argument in that case go to
YouTube, and search for “Montz v. Pilgrim Films”.)
Jack Girardi
Fairness In The Workplace
T
Patents
Patents are the core value of small technology companies. Girardi | Keese
is one of the few firms that represents those clients on a contingency
basis, and has done so in a variety of technologies including medical
technology, communications hardware and business methods.
Trade Marks, Trade Names, and Trade Dress
Brands are a fundamental value of businesses. Those brands can be
established as trademarks, trade names, or trade dress. Girardi | Keese
has successfully enforced those rights against large enterprises, and
also defended small businesses against others attempting to use their
size to gain an unfair advantage in the marketplace.
Trade Secrets
Often the records, contacts, experience and know-how of small businesses,
kept privately, are among their most valuable assets. Sometimes competitors
steal them. Sometimes employees leave with them. Girardi | Keese obtains
redress against those who have acted in those ways to harm a small business.
Competition Law
A wide variety of state and federal laws protect small businesses against
unfair competition, so long as there is a champion to represent them.
Girardi | Keese has experience in protecting small business under the
anti-trust laws, federal unfair competition law, and state pro-competition and unfair competition laws. There are limits to what competitors
can do, especially what large enterprises can do to small business, and
we are there to be an advocate and champion for small business.
Investors
Whether as shareholders, other investors, debtors, insureds, partners or
joint venturers, individuals need help against those who would prey on
them. Girardi | Keese has successfully represented individuals in all those
1 4 CALI F ORNI A LAW TO D AY
Bob Finnerty
cases, including lender liability of large financial institutions, and in a large
recovery against a major insurance company for overcharging management fees. In addition, we represent those over 65 who have been financially taken advantage of in the growing area of financial elder abuse.
International Litigation and Arbitration
The world has become a small place. Often small businesses in California find themselves in disputes with other businesses around the world.
Girardi | Keese seeks redress for clients wherever in the world that takes
us. Small businesses in California also find themselves bound by international arbitration agreements, and the necessity for representation
in that area has grown greatly. Girardi | Keese lawyers handle all aspects
of international arbitration, and in fact, appear at symposia around the
world speaking on all issues of international arbitration.
www.girardikeese.com
he range of employment cases handled by Girardi | Keese fall
broadly into two categories: those that have developed with
the vast change in the workforce over the last 20 or so years
and those of a more ‘traditional’ nature of misbehavior in the
workplace—harassment, discrimination, retaliation and unfair treatment.
Juries remain interested and responsive to issues involving employees
in the workplace. While every potential juror has not been involved in
a personal injury situation or encountered the problems of a contract
gone awry, virtually everyone has had an experience as an employee
(or an employer). Issues of fairness in the workplace resonate with juries.
While the amounts involved to an individual may be modest, taken as
a whole for an entire workforce the amounts may be significant. While
the profit line improves, it has done so on the backs of the workforce�a
wrong that civil litigation is designed to address.
The representation of employees in the workforce is vital in shaping how
employees are to be treated and vital to the civil justice system. The key
to success in the employer-employee relationship is respect. In the last
decade of the 20th century and continuing into the new millennium,
vast changes in the workplace have occurred. Profit is king. Loyalty to
the workforce, the advances brought by collective bargaining to help
develop the middle class, recognition of hourly employees as the third
leg of a successful business all appear to be remnants of the past.
Many employees have claims that fall into the individual category of
difficulties in the workplace�discrimination, harassment and retaliation.
Part of that is surely the price of technical innovation and more efficient
operating systems. A large part of that is the result of decisions at the
top—typically MBA inspired devices to increase productivity without
commensurate increase in compensation.
Decisions such as these have led to specific cases where workers who
came to the workplace yet had to spend time necessary to make their
workstation ready for work were not compensated for that time. Other
issues have included those who have worked through rest breaks yet were
told that was simply their use of personal time and again were not to be
so compensated. Girardi | Keese has also faced issues involving just who
is an employee. It is not uncommon for employers to hire temporary
agencies to staff the workforce. The employer may find it appealing as a
way of avoiding job benefits, however, is the employee truly working for
the agency or the employer itself and eligible for fringe benefits? These
are the kinds of issues which Girardi | Keese willingly confronts.
www.girardikeese.com
Profits are a good thing�they keep the economy moving. The civil
systems, though, helps provide boundaries so an increase in such profits does not come at the expense of others. The lawyers of Girardi | Keese
for years have represented individuals and groups of individuals who
have not been treated fairly in the workplace.
Frequently, employers have a policy manual for employees with a
stated goals of non-discrimination. The reality, however, may be different. Individual cases handled by the lawyers of Girardi | Keese have
revealed the disconnect between the policy manual and what takes
place. This has manifested itself in the failure to promote because of
perceived sexual orientation or a perceived disability, harassment or
discrimination based on one’s gender or ethnicity or retaliation for reporting the improper conduct of others (who may have had a “favorite”
status with the boss). Developing evidence of such behavior is the
product of perseverance in the discovery phase of any civil action and
it is frequently that perseverance that reveals the conduct which forms
the basis of the case.
When called to task, employers rarely respond quickly or favorably.
Rather, all too frequently, they believe their superior resources will discourage the challenge of any employee.
For the lawyers from Girardi | Keese, the size or might of the employer
is a non-issue. The goal and the mission of the law firm is to work
within the civil justice system and level the playing field so that any
employee’s challenge can be fairly heard and decided.
CALIFOR NIA LAW TODAY 15
FIGHTING FOR YOU
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