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Highlights

Representative Clients

Doe v. Roe Corporation | $97 Million | Klein & Wilson's client was embroiled in probate litigation that had been pending for more than five years against the State of California and one of the largest trust companies in the world. With no end in sight, the client retained Klein & Wilson to see if it could settle the case or try it, if necessary. Klein & Wilson prepared an analysis of the complex issues the client faced, determined the client needed a new team of professionals, and plotted a plan to settle the highly contentious case. Klein & Wilson interviewed and hired new probate and tax counsel and guided them (and the client's existing professionals) to a historic $97 million settlement. 

Venture Communications v. Falcon Communications | $26 Million | In 1992, Mr. Klein represented a limited partner in a cable franchise, alleging a variety of causes of action, including breach of fiduciary duty and fraud.  Mr. Klein prevailed at trial and, after a court awarded judgment in favor of Mr. Klein's client, Mr. Klein's client received $26 million by way of settlement.

Doe Corporation v. Roe Corporation | $12 Million | Klein & Wilson represented a staffing company seeking a $6 million of damages from a hospital.  As a result of discovery efforts, Klein & Wilson proved the hospital breached a contract and committed fraud.   Klein & Wilson convinced the court to issue a significant writ of attachment.   Klein & Wilson resolved the case on the first day of trial with the client recovering $6 million of damages and all its attorneys' fees. The hospital also awarded the client a new contract valued at an additional $6 million.

ReadyLink HealthCare v. Lewis, Brisbois, Bisgaard & Smith, LLP | $9 Million | The defendant law firm charged its client almost $5 million in legal fees while handling four sophisticated trade secrets and business cases.  None of the four cases went well for the client, despite the fact the client paid millions of dollars of attorneys' fees.  The client hired Klein & Wilson to handle the malpractice case against former counsel, one of the largest law firms in the United States.  After a two month long jury trial, the jury awarded Klein & Wilson's client every penny it requested on its breach of contract and malpractice claims and awarded the defendant law firm nothing on its cross-claims.  In total, Klein & Wilson recovered $9 million for its client.  The case drew significant attention from the California legal community, and the Los Angeles Daily Journal ran a front-page story about this case.  Lewis Brisbois Ordered to Pay Millions for Overbilling.

Affinitec v. Siemens | $5.7 Million | In May 1999, Klein & Wilson won a verdict of approximately $5 million on behalf of its software client against Siemens Business Communications, Inc., one of the largest companies in the world.  Affinitec prevailed on all its breach of contract claims and recovered 99 percent of all the damages it requested from the jury.  Siemens filed a cross-complaint against Klein & Wilson's client but recovered nothing. 

Does Corporation v. Roes | $3 Million | Klein & Wilson represented a company which hired design professionals and a general contractor to construct a sales facility in Central California.  The designers and contractors made several errors, resulting in construction defects.  Because of insurance coverage issues, the defendants' insurance carriers refused to settle until Klein & Wilson took approximately 50 depositions and proved that each defendant had serious exposure.  After several mediations, Klein & Wilson recovered $3 million for its client - enough money for the client to make the necessary repairs to its facility.

Doe Law Firm v. Roe Corporation | $2.1 Million | Klein & Wilson represented a client who was sued for approximately $800,000 in unpaid fees by its former law firm and the law firm's expert in the underlying case.  Klein & Wilson filed a cross-complaint against the law firm, alleging legal malpractice and over billing.  Klein & Wilson won approximately 20 different motions and persuaded the court to issue almost $150,000 in sanctions against the law firm for various discovery abuses.  Before trial started, Klein & Wilson persuaded the court that the law firm likely committed fraud, resulting in an order entitling Klein & Wilson to conduct discovery regarding the net worth of the firm and its members.  After one day of trial, the expert voluntarily dismissed its complaint and received no money.  The law firm also dismissed its complaint without receiving a penny, and it paid Klein & Wilson's client $1.3 million to settle the legal malpractice claim, resulting in a settlement valued at $2.1 million.

Doe v. Roe Corporation and Its Shareholders | $1.85 Million |  Klein & Wilson’s client formed an advertising agency with four previous colleagues (Defendants). The five shareholders signed a shareholder agreement giving the advertising agency an option to purchase the shares of a shareholder who resigned from the company. After the advertising company became a huge success, the client decided to retire and gave the company a resignation letter which included a request that the company buy his shares. The other shareholders met with corporate counsel and decided to exercise the option. They sent Klein & Wilson’s client an email stating, "We accept your resignation letter." Then, the company asked its CPA to determine the value of the client’s shares in accordance with the formula in the shareholder agreement. The CPA determined the company owed the client $1.1 million.  Defendants claimed shock at the number and tried to renege on their exercise of the option. Worse, with corporate counsel's advice, Defendants stripped the client of all shareholder rights and converted all profit distributions to salaries and bonuses to themselves, leaving the client with nothing. After deliberating for only an hour, a jury found the company liable for breach of contract. The jury found the individual Defendants were the alter egos of the company because they siphoned away all profits and treated the company like a personal piggy bank. Recognizing they were going to get hit with costs, prejudgment interest, and attorneys' fees, Defendants agreed to pay Klein & Wilson’s client $1,850,000 to resolve the case.

Guild, Inc. v. J.C. Penney | $1.4 Million | In 2004, Klein & Wilson won a verdict of $1.4 million in a breach of implied contract and copyright infringement case against one of the largest retailers in the United States.  The jury awarded every penny Klein & Wilson requested.  The Court commented that Klein & Wilson's multimedia trial presentation was the best it had ever seen.

Doe Corporation v. Roe Corporation | Klein & Wilson Defeats $16 million Claim | A DIY Network celebrity accused Klein & Wilson's client of violating Civil Code section 3344 by using his image without authorization to sell products. The celebrity's expert opined that the celebrity's damages were not less than $16 million, representing all the sales Klein & Wilson's client made during the period at issue. Klein & Wilson filed a motion (which the court heard right before picking a jury) asking the court to exclude the expert because his testimony was based on inaccurate assumptions instead of reliable data. The court granted the motion, gutting plaintiff's case. Recognizing an adverse jury verdict was inevitable, plaintiff dismissed the case just as the court was calling prospective jurors to the courtroom.

Bentley-Wing Property W, LLC v. West Development Inc. & West Partners, LLC | $6 Million Defense Judgment | Klein & Wilson defended a company and its wealthy owner in an action involving a real estate syndicate in San Diego County. The plaintiff claimed Klein & Wilson’s clients breached various contractual obligations and fiduciary duties, effectively making the plaintiff’s partnership interest worthless. Plaintiff hoped to take advantage of the "wealth card" to convince the trier of fact he was cheated out of millions of dollars promised to him for years of hard work. Klein & Wilson presented evidence showing the plaintiff was a double dealer who preyed on several former partners. Klein & Wilson proved plaintiff was a sophisticated real estate professional who enticed Klein & Wilson’s client into investing with him. The firm showed that if anyone breached a fiduciary duty on the contractual provision, it was plaintiff himself. After almost three weeks of testimony, Klein & Wilson moved for judgment at the close of plaintiff’s case and won, without having to put on any evidence. The court dismissed plaintiffs $6 million claim and entered judgment in favor of Klein & Wilson’s client.

Dousette v. Minidis | Defense Verdict | Klein & Wilson's clients entered a business relationship with plaintiffs to create a chain of restaurant franchises.  Plaintiffs invested $320,000 in the business and committed to contribute $1 million or more.  As a result of various setbacks in the start-up, the operation needed more money, but plaintiffs refused to invest more than the $320,000 already invested.  Years after the operation failed, plaintiffs filed a lawsuit claiming Klein & Wilson's clients stole their investment.  Before the clients hired Klein & Wilson, another law firm handled this case and lost at trial, where the clients were saddled with a $6 million fraud judgment.  The appellate court judgment reversed the judgment, and the clients hired Klein & Wilson to handle the second trial.  At trial, Klein & Wilson proved plaintiffs bribed a critical witness for his testimony during the first trial and that plaintiffs' contention they did not know what had happened to their money was demonstrably false.  After a one-month trial, the jury returned a defense verdict in favor of Klein & Wilson's clients in just 1.5 hours.

Honors/Awards

Klein & Wilson Designated As Among The Elite Law Firms In Orange County

Orange County Bar Association

Orange County Trial Lawyers Association ("OCTLA") Awards Gerald A. Klein with Its Prestigious Trial Lawyer of the Year Award on Two Occasions

Gerald A. Klein Invited to Membership to the American Board of Trial Advocates ("ABOTA") on October 3, 2009

Super Lawyers® Top 50 Orange County List

Super Lawyers®

Clients' Choice Award 2017

AVVO continues to rate both Gerald A. Klein, Mark B. Wilson, and Michael S. LeBoff AVVO's highest rating, a perfect 10.0 Superb

Gerald A. Klein and Mark B. Wilson Awarded "AV" Rating, the Highest Rating for Skills and Ethics by Martindale-Hubbell

The American Lawyer

The Best Lawyers in America

The Orange County Attorney Journal

Coast Magazine - "Top Lawyers"

Best Law Firms

Legal Leaders(™) Presents Southern California's Top Rated Lawyers of 2015

Rue Ratings' Best Attorneys of America®

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