Insights & News

Three Bartko Pavia Franchise Law Specialists Selected for 2019 Edition of Who’s Who Legal – Franchise

Chuck Miller and Griff Towle, both litigators, have again been listed in the Franchise edition of Who’s Who Legal, an international publication listing the foremost legal practitioners in various areas of business law.  Nominees are selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide.  Only specialists who have met independent international research criteria are listed.  Chuck, Griff and Darryl have appeared in the publication for several years and are among the leading franchise lawyers in the country.  All have been certified as specialists in Franchise and Distribution Law by the State Bar of California’s Board of Legal Specialization.

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

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Bartko Pavia Litigation Team Wins $223+ Million Victory for ASML in Theft of Trade Secrets, Breach of Fiduciary Duty, and Computer Fraud Case Against XTAL, Inc.

On the evening of November 28, 2018, a jury in Santa Clara Superior Court returned a verdict in favor of ASML on all of its five claims against XTAL, awarding $223 million on the trade secrets claim, $135 million for inducing former employees to breach their contracts with ASML, $169 million for aiding and abetting former employees to breach their duty of loyalty to ASML, and $1.2 million in forensic investigation costs for breach of California’s computer fraud statute (Penal Code Section 502). See a copy of the verdict forms here. The jury also found that XTAL’s conduct as to all counts was malicious, which entitles ASML to an award of punitive damages on all counts and attorneys’ fees on its Penal Code and trade secret claims. The Court will determine these amounts in post-trial proceedings. ASML’s Bartko litigation team was led by Patrick M. Ryan with a team of other dedicated lawyers, including Stephen C. Steinberg, Sean R. McTigue, Brian A. E. Smith, C. Griffith Towle, Andrew H. Winetroub, Alden K. Lee, Joseph J. Fraresso, and Rishi Gupta.  Patrick M. Ryan reacts to the jury’s verdict, stating: “I am gratified by the jury’s powerful verdict in favor of ASML, which will help secure and protect the tremendous hard work and innovation of ASML and its brilliant and dedicated employees.”

Federal Court Orders Diablo to Pay Netlist Attorneys’ Fees and Costs

Oakland, California

Injunction Relief in Lanham Act Cases Post-Herb Reed

Spring 2016 – Motions for preliminary injunctive relief are routinely sought in cases involving claims for trademark infringement. For many years, once a moving party established a likelihood of success on the merits, irreparable harm was presumed and an injunction would usually be issued. This all changed with the Ninth Circuit’s holding in Herb Reed Enter., LLC v. Florida Entm’t Mgmt., Inc., 736 F.3d 1239 (9th Cir. 2013). View PDF article.

C. Griffith Towle Publishes Article in the ABTL Report on Injunction Relief in Lanham Act Cases Post-Herb Reed

The Spring 2016 edition of the ABTL Report – Northern California, Volume 24, No. 3, features an article by C. Griffith Towle on “Injunction Relief in Lanham Act Cases Post-Herb Reed.” View a PDF of the article.

C. Griffith Towle Co-Authors Article In The Franchising (& Distribution) Currents Section of ABA Franchise Law Journal

C. Griffith Towle co-authored the following PDF article in the Franchising (& Distribution) Currents section of the ABA Franchise Law Journal, Volume 34, Number 4, Spring 2015.  The Franchising (& Distribution) Currents section is a detailed review of recent franchise and distribution case law.

C. Griffith Towle is the Moderator at the Annual International Franchise Association’s Legal Symposium

C. Griffith Towle moderates the speech entitled Franchise Litigation — Frequently Arising Issues in Litigation.

C. Griffith Towle Spoke at a Recent Webinar Regarding Proving Irreparable Harm in Lanham Act Cases

C. Griffith Towle spoke at a recent webinar regarding proving irreparable harm in Lanham Act cases after the Supreme Court’s decisions in eBay and Winter.

Griff Towle and Chuck Miller spoke recently at the American Bar Association 35th Annual Forum on Franchising

Griff Towle co-presents: PROVING IRREPARABLE HARM — HAVE THE STANDARDS CHANGED?  Read the entire PDF article.