NEWS

SPRING 2024

CA SUPREME COURT RULES THAT MILLIONS OF CONSUMERS CANNOT BE BOUND TO ARBITRATE LEGAL CLAIMS
BHB Partner Matthew Borden argued successfully in front of the California Supreme Court unanimously ruling 7-0 that signing an advance health care directive form does not delegate the power to enter into voluntary arbitration agreements. Over 10 million consumers in California have executed advance health care directive forms giving another the power to make health decisions for them if they become mentally incapacitated. The Court held that agreeing to arbitration is not a “health care decision” when arbitration is merely optional. The decision will affect anyone who enters a nursing home because nursing facilities are not allowed to condition admission upon signing an arbitration clause. Approximately one-third of the adults in the United States have signed health care power of attorney forms where they designate an agent to make health care decisions for them if they become incapacitated.

BHB Press Release
Press: Law360: Calif. Justices Rule Living Wills Not A Path To Arbitration
Court Opinion: Harrod v. Country Oaks Partners, LLC, et al., S276545 (2024)

WINTER 2024

BHB RECOGNIZED AS “LEADER CIRCLE” FIRM BY BASF
The Bar Association of San Francisco recognizes BHB’s support of the legal community as a Leader Circle firm.

HEAD OF IMPACT, ELLEN LEONIDA, REPRESENTS NORTHERN CA AT NATIONAL CONFERENCE OF CJA PANEL ATTORNEY DISTRICT REPRESENTATIVES
Ellen Leonida, who serves serves as the Panel Attorney District Representative for Northern District of California, represented the Northern District of California at the National Conference of CJA Panel Attorney District Representatives. This year’s conference will celebrate the 60th Anniversary of the Criminal Justice Act. In 1964, President Johnson signed into law the Criminal Justice Act assuring the 6th Amendment right to counsel in federal courts by having a comprehensive system to appoint and compensate court-appointed attorneys for the accused unable to afford counsel in federal criminal proceedings. Besides serving as a CJA Panel Attorney, Ellen leads BHB’s Impact team tackling projects and collaborating with partner organizations aiming to achieve broad and lasting results in high impact cases.

CORPORATE PARTNER, DAN HARRIS, SITS AS PANELIST FOR NATURALLY BAY AREA
Dan Harris was an expert panelist discussing trends and future in Food Venture Financing for Naturally Bay Area's roundtable discussion entitled, 'Looking Back, Looking Forward: Trends in Food Venture Financing in 2023 and Prospects for 2024.'

BHB IMPACTS SUPPORTS PROSECUTORS AGAINST DEVASTATION OF FLOW OF GUNS BY U.S. BIG GUN MANUFACTURERS
BHB Impact submitted an amicus brief in support of Mexico on behalf of District Attorney offices across US cities and counties. These areas are then devastated by the ensuing violence and crime directly resulting from guns sales by US gun manufacturers that target and impact Mexico. The crime and violence boomerangs right back up to the US. 

In a January 22, 2024 landmark First Circuit decision, the court held that US gun manufacturers knowingly sell guns to dealers that they know will violate gun sale laws and market to drug cartels. As pointed out in the amicus brief, when you put assault weapons into commerce and in the hands of violent criminal gangs that operate across boarders, they will kill people, ‘Defendants have known this for a long time. They just don’t care.’ 

The New York Times, CNN, Reuters, Axios, The New Yorker, and Democracy Now! 

Court Opinion: Estados Unidos Mexicanos v. Smith & Wesson Brands Inc., et al (1st Cir. 2024) 

BHB STARTING 2024 STRONG WITH PHENOMENAL ADDITIONS TO THE TEAM

• Annie Jeong joins as Partner and Head of Tax bringing years of experience advising companies on taxation issues related to M&As, formations and restructuring and various corporate transactions.

• Allyson M. Madrid joins as an Intellectual Property Partner. Allyson brings a dozen years of experience as an expert in intellectual property, brand protection and trademark, including U.S. and international trademark prosecution, trademark portfolio management and enforcement, copyright protection and licensing.

• David Berman joins as an impact and litigation associate in BHB’s NY office. David comes to us with years of experience protecting the rights of disadvantaged communities and representing businesses in complex commercial litigation cases.

• Kevin Opoku-Gymafi joins as an impact and litigation associate in BHB’s NY office. Kevin brings with him years of experience advocating for underserved and disadvantaged communities and representing businesses in complex commercial litigation cases.

FALL 2023

ANDRE FONTANA JOINS BHB’S LITIGATION GROUP
BHB warmly welcomes Andre Fontana, the latest addition to BHB’s San Francisco office. Andre earned his J.D. from UC Berkeley School of Law where he was the Senior Publishing Editor of California Law Review. Not only does he bring a wealth of legal experience, but is a musician and produces music for local Bay Area hip-hop artists.

BHB SECURES JURY TRIAL VICTORY FOR SEISMIC BREWING COMPANY
BHB secured another jury trial victory in 2023, this time a defense verdict in SF Superior Court for Sonoma-based Seismic Brewing Company. Seismic is a highly decorated California craft beer producer and a leader in sustainable brewing. When its primary distributor, DBI Beverage, sold itself in 2019 and refused to honor the parties’ agreement, Seismic declined to pay the termination fee. DBI filed suit in 2020 raising claims that touched upon California’s franchise laws as well as craft brewer autonomy from coercive distribution arrangements.

After three years of litigation and a two-week trial, a San Francisco jury held in Seismic’s favor, ruling Seismic did not have to accept a worse agreement just because DBI wanted to sell its business. Shoutout to BHB’s trial team Andrew Levine, Ron Fisher, Andrew Huynh, Ellis Herington, plus paralegals Cameron Baker, and Talissa Carrasco for another amazing victory!

BHB IMPACT PRACTICE HONORED BY LAWYERS’ COMMITTEE FOR CIVIL RIGHTS SF
BHB’s Impact Practice is honored to be recognized by the Lawyers'​ Committee for Civil Rights of the San Francisco Bay Area as its 2023 Father Cuchulain Moriarty Award recipient. The award recognizes BHB’s longstanding service to LCCRSF’s asylum and immigrant justice program and work fighting for prisoner rights in Murillo Vega v. Management and Training Corporation.

BHB’s unique impact practice has expended over 50,000 attorney hours supporting civil rights cases, including numerous matters involving the LCCRSF’s work to protect some of the most disenfranchised and vulnerable individuals in the Bay Area.

Congratulations to Impact Practice leaders Ellen Leonida and Matthew Borden, as well as Impact attorneys Kory DeClark, Marissa Benavides and Tabitha Cohen, along with J. Noah Hagey, Melissa Ginsberg and Lily Kim.

BHB SECURES CLASS ACTION DISMISSAL FOR YUMEARTH
BHB continues its undefeated streak of protecting consumer-facing clients from meritless class actions around the country defending longtime client YumEarth, a better-for-you candy company, from a class action brought by plaintiffs claiming that YumEarth’s fruit snacks did not contain enough fruit. Plaintiff repeatedly ran away from the case, failed to appear for her deposition and was unable to file class certification. She and her class action attorneys lost the appetite for suing and dismissed everything with prejudice.

Kudos to the BHB Musketeers Matthew Borden, Tracy Zinsou and Shirley M. Chan.

PARTNER DAN HARRIS LEADS PANEL AT CONSUMER DIGITAL SUMMIT IN SONOMA  
Sonoma Brands Capital gathered the brightest minds of the CPG space at the 2023 Consumer Digital Summit where Dan Harris, Partner and Head of BHB's Corporate Practice, and Farid Foroughi, Managing Director and Head Disruptive Technology at Morgan Stanley, talked to brands and investors about “Exiting in the Current Market.”

Huge thanks to Sonoma Brands Capital for hosting such a fantastic event and to our co-sponsors Klaviyo, Aspen HR, SG Credit Partners, and Viansa Winery and Marketplace.

BRAUNHAGEY & BORDEN LLP RANKED IN 2024 “BEST LAW FIRMS”
BraunHagey & Borden LLP has been recognized in the 2024 edition of Best Law Firms®, ranked by U.S. News & World Report  and Best Lawyers®, nationally in 2 practice areas and regionally in 6 practice areas.

BHB TRIAL TEAM SECURES $21 MILLION JURY VERDICT FOR LONGTIME CLIENTS SONOMA BRANDS CAPITAL AND SMASHMALLOW
BHB represents plaintiff Smashmallow, a beloved snackable marshmallow brand launched by Sonoma Brands Capital in 2016. After doubling sales, Smashmallow paid millions of dollars for Defendant Tanis to manufacture a custom machine that could safely produce its products at scale. Defendant’s promises proved untrue, however, and its resulting machine failed to produce Smashmallow’s products as warranted, and the machine was unsafe to operate. Smashmallow sued the defendant to recover the costs of the machine and for the company's enterprise value, which was destroyed. Following a six-week trial, on October 20, 2023, a twelve-member jury in Sonoma County rendered a $21 million damages award plus attorneys’ fees to Smashmallow. This represents the sixth consecutive eight-figure jury verdict or arbitral award in a commercial dispute obtained by BHB’s trial teams in the last several years. The BHB trial team includes Ellen Leonida, David Kwasniewski, and Shirley Chan.

Find press coverage here: Yahoo Finance, North Bay Business Journal, Design and Development Today, AgFunder, NOSH, Law360, North Bay Business Journal and The Daily Journal

SUMMER 2023

LITIGATION PARTNER TRACY ZINSOU NAMED TOP 40 UNDER 40 BY DAILY JOURNAL
BHB Partner Tracy Zinsou was selected to the Daily Journal’s Top 40 Under 40 list which honors top young lawyers in California making their mark on the legal industry. This recognition reflects Tracy’s extensive experience litigating high-stakes cases and her flawless class action defense track record. Huge applause to Tracy and all the talented lawyers that made the list! Check out Tracy’s interview with the Daily Journal here.

BHB CO-FOUNDER AND MANAGING PARTNER J. NOAH HAGEY HONORED BY LAWDRAGON AS A LEADING LITIGATOR IN AMERICA
BHB Co-Founder and Managing Partner J. Noah Hagey, was honored by Lawdragon on its 2024 list of the 500 Leading Litigators in America! The well-deserved recognition reflects Noah’s dedication to securing top-notch results for BHB clients in lawsuits involving financial, intellectual-property, antitrust, and class-action disputes. Kudos to Noah and congratulations to all of the award recipients!

Full list of honorees here.

BHB PROTECTS TRADEMARK FOR PET LIFE UNLIMITED®
BHB successfully defended firm client, KAS Pet and its innovative PET LIFE UNLIMITED® brand, against a preliminary injunction motion in New York federal court seeking to halt an entire line of pet product sales. The court denied the injunction and held that plaintiff was unlikely to succeed on the merits. KAS Pet makes an entire line of clean and healthy earth-friendly pet grooming and household supplies.

LITIGATION PARTNER DOUGLAS CURRAN SELECTED AS RISING STAR BY LAW360
BHB Partner Douglas Curran was included on Law360's 2023 Rising Stars list, which recognizes the nation's top lawyers under 40. Doug represents clients in high-stakes financial and intellectual property disputes, and is one of five lawyers selected in the Trials category. Check out Law360’s Q&A with Douglas where he discusses notable victories, his proudest moments as an attorney and why he enjoys being a trial lawyer.

BHB NAMED FINALIST FOR NATIONAL LITIGATION BOUTIQUE FROM AMERICAN LAWYER
BHB is honored to be among seven firms named as finalists for The American Lawyer's 2023 National Litigation Boutique of the Year. The award recognizes substantial trial verdicts, judgments, and litigation achievements during the year. BHB is the only firm based in San Francisco and New York on the list and one of only two firms with fewer than 75 attorneys.

Full list of nominees here.

FIRM HONORED AS ELITE TRIAL LAWYERS BY THE NATIONAL LAW JOURNAL
BHB is the 2023 winner of The National Law Journal’s Elite Trial Lawyers Award in the Business Torts category. Huge congratulations to BHB’s litigation team in both San Francisco and New York, as the award recognizes the firm’s lawyers, paralegals, and support staff who enable BHB to achieve consistently great results for our clients. Congratulations, too, to our fellow nominees, which are some of the leading and most creative firms in the country. See you in 2024!

Full list of finalists here.

SPRING 2023

BHB NAMED AMONG THE NATION’S LEADING FIRMS BY CHAMBERS USA 2023
BHB is one of a handful of firms in California now ranked as Highly Regarded in Chambers’ annual survey of go-to Commercial Litigation firms on the West Coast. BHB is also the only trial boutique on the list (less than 100 lawyers) based in San Francisco.

LLANO COUNTY COMMISSION VOTES TO KEEP THE LIBRARY OPEN AFTER THREAT OF CLOSURE
The County met on April 13 to discuss whether to “continue or cease operations” at the library after BHB secured a preliminary injunction where the Court ordered the County to return the banned books to the shelves. After hearing statements from its constituents the County ultimately voted to keep the library open.

After the vote was announced, lead counsel and BHB Impact Practice Head, Ellen Leonida told the Wall Street Journal, “The people of Llano County came out in force today to save their libraries. But this extraordinary effort should not have been necessary. When you lose a case in court you file an appeal, you do not threaten to take away a vital resource from your entire community.”

Find press coverage here: The New York Times, CNN, NBC News, AXIOS, Newsweek, KVUE Austin, and Vice.

BHB SECURES PRELIMINARY INJUNCTION IN THE FIGHT AGAINST CENSORSHIP IN LLANO, COUNTY TEXAS
On March 30, BHB secured a preliminary injunction on behalf of our clients who sued to stop censorship in their public libraries. The lawsuit alleges that Llano County violated the First Amendment by removing library books based on their content: the books were removed after a county official forwarded an email identifying the books (which were about race, history, and LGBTQ issues) as “pornographic filth.” The Court found we were likely to succeed on the merits of our First Amendment claims and ordered the County to return the banned books to the library, to make them available for check out in the card catalogue, and to not remove any book, for any reason, during the pendency of this case.  

In his order the judge Pitman writes, “Although libraries are afforded great discretion for their selection and acquisition decisions, the First Amendment prohibits the removal of books from libraries based on either viewpoint or content discrimination.”

Ellen Leonida, Impact practice group head and lead counsel in the case told CNN, "This is a ringing victory for democracy...the government cannot tell citizens what they can or can’t read. Our nation was founded on the free exchange of ideas, and banning books you disagree with is a direct attack on our most basic liberties."

The case has been featured in CNN, CBS Austin, Texas Tribune, Dallas Morning News, Law.com, The Daily Tribune and other publications.

Little, et al v. Llano County et al, Case No. 1:22-cv-00424-RP (W.D. Tex.).

WINTER 2023

BHB RACKS UP MORE VICTORIES DEFENDING BUSINESSES FROM UNFAIR COMPETITION CLAIMS IN NEW YORK AND CALIFORNIA
BHB continues its unbeaten streak of protecting consumer-facing clients from meritless class actions around the country. In a major victory with implications for advertising and sponsorship agreements, and class actions generally, a New York federal court dismissed a lawsuit targeting growing dental cosmetics company Snow Teeth Whitening for supposedly misleading advertising. In its order dismissing the case entirely, the court ruled that the plaintiff did not have standing to bring the claims because he had not actually seen or relied on any of the supposedly false ads. The court called the decision to bring the lawsuit “troubling,” implying that the plaintiff never had any good-faith basis for it in the first place.

BHB also secured dismissals of a number of other class actions last quarter, including on behalf of It Works!, OWYN, and B&G Foods. With over 200 class actions thrown at our clients, we have yet to have a class certified on our watch.

BHB FILES PUBLIC INJUNCTION SUIT TO PROTECT COINBASE ACCOUNTHOLDERS
BHB filed a federal class-action lawsuit against Coinbase, Inc., the largest cryptocurrency platform and digital wallet provider in the U.S., alleging that the platform failed to secure user accounts against hackers and thieves. The lawsuit asserts the individuals' Coinbase digital wallets were hacked and drained of funds and that Coinbase, which analogizes itself to a bank, failed to make users whole. News reports and social media indicate that the security breaches could be widespread and potentially affect many, if not all, of Coinbase’s many thousands of digital-wallet accounts.

The most recent breaches occurred less than a year after Coinbase settled similar claims by the California Attorney General and paid $300 million. BHB’s complaint seeks to recover users’ funds and requires Coinbase to take additional measures to protect their customers.

The case has garnered substantial media attention, including The Fintech Times, Law360, and The Daily Journal.

NY SUPREME COURT GREENLIGHTS BHB’S BONDHOLDER LAWSUIT ALLEGING $1 BILLION FRAUD
The New York Supreme Court greenlit a bondholder fraud lawsuit that BHB filed against private equity giants TPG Inc., and Apax Partners over alleged misconduct in bond offerings for defunct Greek telecom Hellas Telecommunications. BHB represents a consortium of international bondholders called Cortlandt St. Recovery Corp., which alleges that defendants’ fraud and other misconduct caused billions of dollars of losses for investors. The suit arises from TPG and Apax’s alleged scheme to strip almost a billion dollars from Hellas after taking control of the business, leaving it vulnerable and ultimately insolvent. After years of hotly disputed litigation following Hellas’s initial default on the bonds in 2009, BHB’s victory on the motion to dismiss means the case is finally heading toward trial.

RENEWABLE FERTILIZER PIONEER NITRICITY SECURES $20M SERIES A FINANCING
BHB assisted firm client Nitricity in raising its $20 million Series A round. The funding was led by investments from Khosla Ventures and Fine Structure Ventures, with additional participation from Energy Impact Partners, Lowercarbon Capital, and MCJ Collective. Nitricity is scaling its technology to provide cost-effective, regional, and decarbonized fertilizer production. Through solar-fertilizer technology, Nitricity has demonstrated the power of its system to produce and apply nitrogen fertilizer closer to the end-user, unlike any other fertilizer system today. This financing will accelerate Nitricity’s ability to bring climate-smart fertilizer to markets experiencing ongoing and historic price volatility and supply challenges.

BHB FIGHTS CENSORSHIP IN LLANO COUNTY TEXAS
BHB represents a group of librarians and citizens fighting the state’s unconstitutional book bans in Llano County, Texas. Court hearings in the fall confirmed that the case is about censorship, pure and simple. The Defendants contradicted themselves and admitted that the only reason the books at issue were even considered for removal from the library was because they were on a list of “bad books”—a list of books that none of the Defendants bothered to read. Their response would be humorous if free speech and censorship were not at stake.

The team is making outstanding progress toward putting an end to this arbitrary censorship and ensuring Texans have the right to be curious and read books in their public libraries. The case has been featured in the Washington Post, NPR, The Texas Tribune, ABC News, CNN, and other publications.

BHB OBTAINS SETTLEMENT PREVENTING NURSING FACILITIES FROM “DUMPING” VULNERABLE RESIDENTS
BHB has long pursued claims against a California-based chain of nursing facilities for wrongly “dumping” elderly residents, which leaves them with nowhere to go. After five years of hotly contested litigation, BHB secured a settlement requiring that these nursing facilities comply with state and federal laws that prevent them from dumping their poorest and neediest residents in favor of more lucrative patients. The case is the first resolved California litigation requiring that, prior to any transfer or discharge of a resident, a nursing facility must provide advance written notice of the resident’s rights, including the right to contest being forced out of the facility.

BHB CLIENT NEW FARE PARTNERS SECURES CAPITAL COMMITMENTS FOR INAUGURAL FUND
BHB is proud to advise New Fare Partners, a women-led venture capital firm investing in early-stage food-and-beverage companies, in its formation, fundraising, and initial investments. Among others, New Fare has invested in craft cat food brand Made by Nacho, convenience retailer Foxtrot, Mexican omnichannel brand Tacombi, and functional chocolate bar brand Mid-Day Squares. BHB is excited to continue supporting co-founders Elly Truesdell and Hallie Bonnar as they steer the fund in the ever-evolving early-stage food and beverage space.

CLEARVIEW AI CAN BE HELD ACCOUNTABLE FOR VIOLATING CALIFORNIANS’ PRIVACY
BHB filed suit in Alameda Superior Court to prevent Clearview AI from using Californians' facial images to create a massive database that can be used for domestic espionage. In October, the Court ruled in our favor and denied Clearview AI’s motion to dismiss the case and allowed our clients’ claims to go forward. Clearview AI’s software is significantly more likely to misidentify Californians of ethnic and racial minority groups and has been outlawed in several jurisdictions for that reason. This decision is a major victory for Californians, protecting their privacy rights and serving as a bulwark against the surveillance state.

BHB HELPS PROTECT DAIRY INDUSTRY FROM MONOPOLIST
BHB represents dairy industry innovator, Milk Moovement, Inc., in the accounting software market for dairy producers and distributors. Milk Moovement was sued by the 800-pound industry gorilla, Dairy LLC—which reportedly controls 80% of the market—after Milk Moovement successfully and fairly won away some of Dairy LLC’s customers. BHB filed counterclaims in California federal court on Milk Moovement’s behalf, seeking to remedy antitrust abuses that Dairy LLC has allegedly engaged in to protect its market share.

The case has been watched by the wider dairy industry, including coverage by Canada Today, BetaKit, AgDaily, and DeliciousFood.

MANUFACTURER OF BOGUS DRUG TESTS CAN’T DISMISS BHB’S LAWSUIT
BHB is pursuing claims on behalf of individuals incarcerated in Massachusetts state prisons who were wrongfully placed in solitary confinement based on the results of bogus drug tests. These tests were used to screen inmates’ incoming mail, including mail from their attorneys, and falsely identified mail as being laced with drugs. The manufacturer of those tests, Sirchie Acquisition Co., tried to get the suit kicked out of court, but BHB prevented that from happening.

This decision by a federal court in Boston follows BHB’s earlier success in a related state court case barring the Massachusetts Department of Corrections from using those faulty tests at all.

BHB CLIENT MYCOWORKS AND GENERAL MOTORS PARTNER TO DEVELOP SUSTAINABLE MATERIALS FOR AUTOMOBILE INTERIORS
BHB advised its longtime client MycoWorks in a collaboration with General Motors and GM Ventures to develop sustainable accessories and leather-like interiors. The collaboration deploys MycoWorks's mushroom-based Fine Mycelium™ materials in a variety of automotive-design uses. The effort is on the pioneering edge of sustainability, as it brings MycoWorks’s passion for innovation and purposeful design to yet another industry. BHB’s focused sustainability practice continues to support clients that are passionate about environmental impact and change.

NINTH CIRCUIT CONFIRMS NURSING FACILITIES SHOULD BE ACCOUNTABLE FOR MISTREATING PATIENTS
In February 2021, a California federal court adopted an unprecedented interpretation of the Public Readiness Emergency Preparedness (“PREP”) Act, turning a vital public health measure into a get-out-of-jail-free card for nursing homes that failed to implement basic COVID-19 infection controls. The PREP Act, meant to protect vaccine makers and vaccine administrators, was improperly used by nursing homes that failed to implement basic infection protocols. Recognizing the catastrophic result this decision could have for the countless families who lost loved ones to COVID-19 due to inadequate protective measures, BHB stepped in to handle the appeal. BHB convinced the court to vacate the earlier order and conclude that the PREP Act did not prevent victims from holding these facilities responsible for negligent and reckless conduct.

WELCOME TO NEW BHB ATTORNEYS
This winter, BHB welcomed two new litigators in New York and San Francisco.

Kirsten Dooley joins BHB’s New York office as a litigation associate. Kirsten represents clients in civil and commercial litigation, international and domestic arbitration, mediation, and constitutional issues, regulatory compliance investigations and enforcement proceedings. Kirsten clerked for the Honorable Carlton W. Reeves of the United States District Court for the Southern District of Mississippi. Kirsten received her J.D. from the University of Virginia School of Law and her B.A. from the University of Kentucky.

Ellis Herington joins BHB’s San Francisco office as a litigation associate. Ellis has substantial experience with securities litigation, shareholder derivative cases, and other complex corporate disputes. She also has provided corporate counseling to companies and worked on internal investigations. Ellis has a dedicated pro bono practice where she has represented clients in civil rights litigation and housing and domestic violence disputes. Ellis received her J.D. from Washington University in St. Louis School of Law and her B.A. from the University of California, Berkeley.

WINTER 2022

BHB ELECTS THREE NEW PARTNERS
BHB is thrilled to announce that Tracy Zinsou (SF litigation), Christman Rice (NY litigation), and Zainab Abdullah (NY venture/corporate) have been elected to the firm’s partnership. We warmly congratulate them on their well-deserved promotion.

Tracy Zinsou
Tracy (Harvard Law School, JD, McGill University, BS) has been elected as a litigation partner in BHB’s San Francisco office. Tracy has extensive experience litigating high-stakes cases in state and federal courts across the country. She has successfully defended cases and prosecuted claims for clients, from startups to Fortune 500 companies, in a diverse range of complex commercial litigation cases, including intellectual property, false advertising, antitrust, insurance coverage, and other contract disputes. Tracy lives with her husband and two daughters in the East Bay. Read Tracy’s bio.

Christman Rice
Chris (Columbia Law School, JD, Brown University, BA) has been elected as a litigation partner in BHB’s New York office. He represents clients in civil litigation and criminal and regulatory matters before local, state, and federal regulators. Chris has litigated a wide range of complex matters in state and federal courts across the country, including litigation involving contractual disputes, securities and shareholder disputes, and consumer class actions. Chris lives in Brooklyn with his wife, daughter, and puppy. Read Chris’ bio.

Zainab Abdullah
Zainab (Harvard, Law School, LLM, University of London, LLB) has been elected as a venture/corporate partner in BHB’s New York office. She represents emerging growth companies in the food, CPG, healthcare, and technology sectors. Her practice focuses on venture capital financings, mergers and acquisitions, and complex corporate governance matters, and is a trusted advisor to CEOs, executives, and investors. Zainab lives in Manhattan with her husband and two daughters. Read Zainab’s bio.

FALL 2022

COURT HOLDS CLEARVIEW AI CAN BE HELD ACCOUNTABLE FOR VIOLATING CALIFORNIANS’ PRIVACY
In BHB’s lawsuit seeking to protect the privacy rights of all Californians, the Alameda Superior Court issued a ruling on November 18, denying both Clearview AI’s anti-SLAPP motion and motion to dismiss the case and allowing the Plaintiffs’ claims to go forward. 

The suit challenges Clearview’s business practice of scraping images from the internet, subjecting them to biometric analysis, and storing them in a facial recognition database that it licenses to law enforcement and others. The Court held that Clearview’s conduct is not protected by the First Amendment and that Clearview may be held liable for using people’s likenesses without their authorization.

“A person does not have a First Amendment right to appropriate a photograph or likeness of another person and then use it for a profit-making business,” the court held. “This is not a situation where a bystander shows a police officer a photograph taken on a phone of a suspect who was caught fleeing from a crime scene. This is a business that is based on aggregating and analyzing photographs of California residents and then selling the data related to those images.”

Plaintiffs contend that Clearview’s business practice violates the terms of use of Facebook, LinkedIn, and many of the other websites Clearview is taking data from and Clearview’s database includes photographs of people who have no idea their photos were taken or posted on social media. Plaintiffs seek to prevent Clearview from illegally scraping and selling access to the faceprints of California residents.

“This decision is a major victory for Californians and a bulwark against the surveillance state,” said Plaintiffs’ counsel and Head of BHB’s Impact Practice, Ellen Leonida. “Allowing Clearview to continue building its illicit surveillance database would be the end of privacy as we know it. Clearview's technology gives governments and corporations unprecedented abilities to spy on us wherever we go, including protests, houses of worship, or medical appointments.”

For more details, access the court’s decision here.

NY SUPREME COURT JUDGE GREENLIGHTS DECADE-LONG BONDHOLDER FRAUD LAWSUIT
On October 24, a New York Supreme Court Judge greenlit a decade-long bondholder fraud lawsuit against private equity giants TPG, Inc. and Apax Partners over alleged misconduct in bond offerings for defunct Greek telecom business Hellas Telecommunications, which resulted in billions of dollars of losses for various groups of investors.

The suit arises from TPG/Apax’s alleged scheme to strip almost a billion dollars from the business after taking control, leaving it vulnerable and ultimately destitute.  Bondholders have been pursuing TPG and Apax to recover their losses on grounds that TPG and Apax are alter egos of Hellas and liable for fraud.  

BHB Partner Jonathan Kortmansky noted that “We are gratified for our clients for this decision.  The court reaffirms the viability of the investors’ claims to recover for defendants’ intentional misconduct - which has gone uncompensated for far too long.”

SUMMER 2022

BHB CO-FOUNDER NOAH HAGEY HONORED BY DAILY JOURNAL AS ONE OF CALIFORNIA’S TOP 100 ATTORNEYS
Well-deserved recognition for BHB co-founder and managing partner Noah Hagey by the Daily Journal who honored him as one of California’s Top 100 attorneys.  In addition to leading the firm’s trial practice, Noah sets firm strategy and priorities for our more than 45 lawyers in SF and NY.  To learn more about this prestigious award and BHB’s successes, continue here.

$56M TRADEMARK VERDICT FOR STONE BREWING, CONFIRMED BY FEDERAL COURT
BHB secured the fourth-largest trademark infringement verdict in history for Stone Brewing against Molson Coors. The court recently affirmed the jury's verdict and denied Molson Coors' post-trial motions and equitable defenses. The 7th Amendment jury trial is unique around the world and something that protects "small" and "large" interests alike.

FIGHT AGAINST BOOK BANNING IN LLANO COUNTY, TEXAS
BHB’s Impact team is proud to represent a citizens group in Llano, Texas, in a First Amendment lawsuit over the removal of thousands of digital and physical books from the library’s catalog simply because a small group of county officials “disagrees with the ideas within them.”

The suit, filed on April 25 in federal court in the Western District of Texas San Antonio Division, was filed against several Llano County officials who employed a censorship campaign to remove books involving issues on critical race theory and LGBTQ+ equality. The suit is Leila Green Little, et al. v. Llano County, et al., No. 5:22-cv-00400. Wittliff | Cutter is co-counsel with BHB.

The lawsuit has received international attention, including coverage in the New York Times, Washington Post, NPR, The Texas Tribune, ABC News, CNN, and other publications. You can access a recent episode of NPR’s All Things Considered featuring interviews with our clients here.

BHB’S IMPACT PRACTICE PROFILED IN THE DAILY JOURNAL
We’re proud to have a profile of BHB’s Impact Practice featured in the Daily Journal. This is well-earned recognition for all their great work and the unique space they occupy in the world of commercial law practices. As Ellen Leonida, Head of the Impact Practice said, “[We’re] a group dedicated to having an impact on underserved populations and social justice in a way [that] I don’t think other firms are doing.”

Firm founders Noah Hagey & Matt Borden saw an opportunity to use their commercial litigation skills for other good things and committed to taking on Impact cases from the beginning. “A lot of lawyers go to law school with an idea towards being involved in bigger questions of the day and … to help out their communities,” explained Noah. You can read the entire profile in the Daily Journal here.

BHB SUPPORTS AUSTIN-BASED DAIRY-FREE YOGURT STARTUP CULINA IN ITS SERIES A ROUND
BHB worked with firm client Culina to raise its $5 million Series A round, which will help the company increase its distribution channels and bring its delicious plant-based yogurt to a wider base of consumers across the country. Culina’s products are currently found nationwide in grocery stores such as Sprouts and Whole Foods, and BHB is excited to see the company’s footprint continue to grow.

BHB REPRESENTS MADE BY NACHO IN ITS $14M SERIES A FINANCING: PARTNERSHIPS WITH LARGE RETAILERS
BHB supported Made by Nacho in its $14 million Series A fundraise led by CAVU Venture Partners. The brand, developed by Chef Bobby Flay and his cat, Nacho Flay, is a leader in the premium cat food space and will use the funds to expand and scale its product offerings and increase marketing efforts. BHB also supported Made by Nacho in securing commercial partnerships with the largest pet-focused retailers in the country to bring high-quality flavor-focused foods to cats everywhere.

BHB REPRESENTS LEADING FINTECH COMPANY NARMI IN ITS $35M SERIES B FINANCING; ONGOING COMMERCIAL TRANSACTIONS
BHB represented Narmi in its $35 million Series B financing co-led by Greycroft and existing investors New Enterprise Associates (NEA) and Picus Capital. Narmi is a financial technology company that builds enterprise solutions across digital consumer banking, business banking, and digital account opening. Narmi is one of the fastest-growing companies servicing financial institutions in the U.S. and plans to use the proceeds from this financing to develop its digital banking solutions more broadly, partner with new financial institutions, and accelerate the digital modernization of the banking industry.

BHB CONTINUES TO PROTECT GREAT BRANDS FROM SPURIOUS CLASS ACTIONS
BHB continues to defeat spurious consumer class actions around the country. Most recently, the firm defeated a $100 million + lawsuit against leading sports beverage brand BODYARMOR. Plaintiffs claimed BODYARMOR’s fanciful labels, images, and product language somehow misled millions of consumers. However, when deposed under oath, plaintiffs conceded they were neither misled nor injured. The litigation spanned multiple jurisdictions and lasted almost two years. Aside from dismissing the claims, we obtained sanctions against Plaintiffs’ lawyers.

Such results make us proud. BHB has the longest class action winning streak of any firm in the country, now well over $3.5 billion, and 200 + false advertising class cases defeated in a row without a single class certification. These include other results within the last few quarters:

• Dismissal of false advertising claims against Ancient Nutrition and its collagen protein products after plaintiffs made false allegations and named the wrong product in the suit

• Dismissal of claims regarding Spice Island’s ground basil products after plaintiffs could not establish injury

• Dismissal of other cases against clients, including Beyond Better Foods, The Uplifters’ Prima, LesserEvil, and Outdoorsy

BHB WELCOMES NEW ATTORNEYS IN NY AND SF

Molly Jamison joins BHB’s New York office as a litigation associate. Molly has a broad commercial litigation practice, representing clients in a variety of matters including antitrust, federal securities class actions, intellectual property disputes, derivative actions, and shareholder disputes. Molly has also done extensive pro bono work representing clients in individual and class action civil rights litigation and housing and immigration disputes. Molly received her J.D. from the University of Chicago School of Law, M.S. from the University of Pennsylvania, and B.S. from Penn State.

Shirley Chan joins BHB’s New York office as a complex litigation associate. Shirley has a broad commercial practice representing clients in disputes involving structured products, consumer protection, mass torts, and antitrust matters, along with pro bono work for indigent and under-represented groups in asylum, immigration, and domestic violence proceedings. Shirley received her J.D. from Harvard Law School and her B.B.A. from Chinese University of Hong Kong.

Katie Adams joins BHB’s Corporate Practice an associate in our New York office. Katie works with a number of clients in the food, CPG, and technology space, advising on general corporate matters, financings, and mergers and acquisitions. Katie received her J.D. from Northwestern Pritzker School of Law and her B.B.A. in finance from the University of Notre Dame, cum laude.

Michael J. Chow joins BHB’s San Francisco office as a litigation associate. Michael received his J.D. from the University of California, Hastings, magna cum laude, where he was Senior Articles Editor for the Hastings Law Journal. Michael clerked for the Hon. Stephen L. Johnson of the United States Bankruptcy Court for the Northern District of California.

Hedyeh (Chelsea) Tirgardoon joins BHB’s San Francisco office as a litigation associate. Chelsea has represented clients in a broad range of litigation matters in state and federal courts across the country. Chelsea received her J.D. from the University of California, Irvine School of Law, where she earned pro bono honors and the Dean’s Academic Honor award in Labor Law.

SPRING 2022

BHB ‘KEEPS IT JUICY’ FOR STONE BREWING
Longtime BHB client Stone Brewing prevailed in another hotly contested federal trademark dispute, this time from the defense side. The complete dismissal gives Stone a 2-0 record in federal lawsuits, with this win coming just two months after its $56 million jury verdict against Molson Coors.

BHB defended Stone from infringement claims brought by North Carolina-based Sycamore Brewing. Sycamore voluntarily withdrew its claims and dismissed the lawsuit the day after Stone filed its counterclaims.

With this dispute now behind it, as CEO Maria Stipp said, “Stone (and Sycamore, for that matter) can now turn its attention back to making great beer.” We’ll cheers to that!

BHB WELCOMES LITIGATION PARTNER MELISSA GINSBERG TO THE NY OFFICE
Melissa Ginsberg joins BHB’s New York office as a partner focusing on complex litigation across a wide range of practice areas and industries. Melissa brings to BHB’s litigation practice group a wealth of knowledge and experience, from pre-litigation dispute resolution through trial and appeal, involving financial products, antitrust, business torts, false advertising, contracts, and white-collar criminal defense. Melissa previously clerked for the Honorable Anita B. Brody, District Court for the Eastern District of Pennsylvania.

COURT GREENLIGHTS CLAIMS AGAIN CLEARVIEW AI
BHB prevailed in its motion to remand its state law claims challenging the facial recognition database developed by Defendant Clearview and licensed to law enforcement, including co-Defendants the Alameda and Pittsburg Police Departments. The suit seeks to stop Clearview from exploiting the likenesses of all Californians to create a massive database that can be used for internal espionage. Clearview’s software is significantly more likely to misidentify non-Caucasians, and has been outlawed in several jurisdictions, including Alameda County, for this reason.

BHB FIGHTS AGAINST CENSORSHIP
Last week, BHB took its fight to protect the First Amendment to the North East Independent School District in San Antonio, Texas, where the district had removed over 400 books from its library shelves in response to a letter from a Republican representative flagging those books as “inappropriate.” The books were written by LGBTQ+ authors and people of color, and involve themes relating to LGBTQ+ rights and racial equality. BHB addressed the school board and explained that “public schools in this country are not places of indoctrination. They are not places where the ideas children read about are determined by those people who are in power.” Watch the full district board meeting here . Although most of the books are back on the shelves, BHB continues to monitor the district’s future plans regarding library books to ensure students’ First Amendment rights are protected. Read press coverage, here and here.

BHB WELCOMES DAVID KWASNIEWSKI TO PARTNERSHIP
David Kwasniewski has been elected to the partnership of BraunHagey & Borden LLP. Based in BHB’s San Francisco office, David focuses his practice on complex commercial litigation and intellectual property disputes, including defending the firm’s clients against consumer class actions and Proposition 65 lawsuits. David works tirelessly to understand clients’ business objectives, the products they make, and the science behind them so he can effectively protect and advance their interests. David received his J.D. from Cornell Law School and his B.A. from Princeton University.

WINTER 2021-2022

BHB HELPS BUZZFEED SPONSOR TAKE THINGS PUBLIC
BHB guided firm client 890 Fifth Ave Partners in a $1.5 billion dollar deal to acquire leading news and media company, Buzzfeed, which includes BuzzFeed News, HuffPost, and Tasty Brands. The combined entities now trade on NASDAQ as “BZFD.”

BHB SECURES POLICY CHANGE PREVENTING MASSACHUSETTS’ USE OF BOGUS DRUG TESTS IN STATE PRISONS
BHB secured a precedent-setting injunction against the Massachusetts Department of Corrections to stop the State from using faulty drug testing of paper communications, including with lawyers, to punish inmates. The test, which Sirchie Acquisition Co. manufactures, has an accuracy rate of barely better than a coin flip but was long used to impose solitary confinement on inmates whose mail (supposedly) tested positive for narcotics. A Boston court granted BHB’s request for an injunction, which prevented the State from continuing the abusive practice. The State has since permanently abandoned the practice and will no longer rely on the tests to punish inmates.

Vice, Reuters, and CommonWealth Magazine have covered this ongoing case. Partner Organization: Justice Catalyst Law.

Our lawsuit against the drug test manufacturer, Sirchie, is set for trial in 2023.

BHB PREVAILS IN GOVERNANCE DISPUTE OVER UTAH’S FAMED POWDER MOUNTAIN SKI RESORT
BHB was retained by the Board of Directors of Summit Revolution, which owns and operates Powder Mountain, a 7,000-acre ski resort in Eden, Utah, to fend off the majority shareholder’s attempt to block the board from approving needed financing. Over the course of 11 days, the BHB team defeated the majority shareholders' TRO to prevent a vote on the financing, eliminated the then-blocking rights of the majority shareholder, and ultimately resolved the dispute days before the trial - allowing Powder Mountain to receive the cash infusion it needed.

BHB HELPS NATURAL, VEGAN LEATHER LEADER MYCOWORKS SECURE $125M FOR EXPANSION OF PRODUCTION CAPABILITIES
BHB guided leading leather-alternative manufacturer, MycoWorks to a $125 million Series C fundraise. The funds will help finance a new full-scale mycelium (mushroom) based production plant in South Carolina to produce environmentally friendly, leather-like material for use in clothing and other consumer products. MycoWorks has already secured deals with major fashion brands, including Hermès.

BHB REPRESENTS A COALITION OF 26 DISTRICT ATTORNEYS AS AMICI CURIAE IN FEDERAL FIREARMS LAWSUIT
BHB assembled a coalition of 26 district attorneys from states across the nation to file an amici curiae (“friend of the court”) brief in support of a federal lawsuit brought by the government of Mexico. The suit alleges that a number of major U.S. gun manufacturers, including Smith & Wesson, Beretta, and Glock, have engaged in wrongful business practices that have perpetuated transnational cartel violence and crime, which has had very real human costs both in the U.S. and abroad. The lawsuit is poised to substantially impact firearms litigation in U.S. federal courts.

FALL 2021

ANOTHER BHB APPELLATE VICTORY – THIS ONE AFFIRMS OUR RESULTS FOR ORION TELESCOPES
The Ninth Circuit Court of Appeals affirmed the antitrust trial antitrust trial verdict in Optronics v. Ningbo Sunny, et al. , upholding the 2019 antitrust jury verdict, $50 million judgment, and injunction won by BHB for Orion Telescopes.

Please click HERE to read more about the win on Law360.

BHB IMPACT PRACTICE TO MASS. DEPT. OF CORRECTIONS: STOP USING BAD DRUG TEST TO PUNISH PEOPLE
The BHB Impact team was granted a preliminary injunction ending the Mass. DOC’s practice of severely punishing prisoners based on flawed drug testing of incoming mail from their lawyers. This illegal treatment goes far beyond our clients, it’s not like they were the only two inmates among thousands behind bars in the Mass. DOC getting wrongly punished.

Not to mention, the test manufacturers and resellers made millions, even as the they were fully aware of the abuse prisoners were suffering, including being thrown into to solitary. Read more about this in a recent Reason article.

BHB ADDS A COMMERCIAL LITIGATION PARTNER TO THE NEW YORK OFFICE
Mitchell Stein joins BHB’s New York office as a partner focused on complex trademark and copyright strategy for highly branded businesses. Mitch is a national authority on IP protection, licensing and litigation, and has successfully represented leading brands at all stages of growth. Mitch previously served as a clerk for Hon. Garrett E. Brown Jr. (Ret.), District Court for the District of New Jersey. Mitch’s practice hybrids between high stakes IP litigation and corporate counseling where he advises clients on complex commercial agreements. 

BHB IS ACTIVELY GROWING AND ADDING EXCEPTIONAL TALENT
Max Bernstein joins the firm as a litigation associate after consecutive clerkships with Hon. Denny Chin of the United States Court of Appeals for the Second Circuit and Hon. Cathy Seibel of the Southern District of New York.  Max brings to BHB’s litigation practice group a wealth of criminal and civil experience including antitrust, breach of contract, FTCA and products-liability cases, to name a few. Max is eager to continue working on complex litigation and has a particular passion for bet the company cases.

THREE BHB ATTORNEYS ARE INCLUDED IN THE 2022 EDITION OF BEST LAWYERS IN NORTHERN CALIFORNIA

• Andrew Levine was selected for Intellectual Property Litigation

• Bill Campbell was included in Commercial Litigation, and Insurance Law, and

• Zainab Abdullah was recognized (for the second year in a row!) in Best Lawyers: Ones to Watch for her work in Venture Capital Law.

Click here to access the full publication.

BHB SEEKS JUDGEMENT TO END CA NURSING RESIDENT “DUMPING”
BHB has moved for judgment in its longstanding impact suit to end the State’s practice of allowing nursing homes to dump residents. Two of the firm’s clients died during the pendency of the case, and the U.S. Department of Justice has declared California’s conduct as in violation of federal law. Judgment should end all of that, and more than a decade of State inaction and save California taxpayers tens of millions of dollars. To see the full motion, please click here.

BHB JOINS FIGHT TO END INMATE ABUSE IN PRIVATE PRISIONS
BHB joined the Lawyers'​ Committee for Civil Rights of the San Francisco Bay Area, The Promise Institute for Human Rights, and The California Collaborative for Immigrant Justice to sue Management & Training Corporation, a private prison operator, for extreme abuse and torture at Imperial Regional Detention Facility. To learn more, click here.

BHB FIGHTS TO STOP MONOPOLIZATION OF CA BEER DISTRIBUTION
The anti-trust team went to action to help client Seismic Brewing Company file to save its distribution network. News about this recently appeared in The Press Democrat.

SUMMER 2021

PROTECTING INMATES FROM FAULTY DRUG TESTS
BHB has filed a lawsuit to stop the Massachusetts Department of Corrections from punishing people based on defective and faulty drug tests. The DOC has been using the test, manufactured by Sirchie Acquisition Company, LLC, to test mail coming into its facilities from attorneys. The test, which generates a false positive result up to 80% of the time, has resulted in hundreds of false accusations and devastating consequences for those accused: solitary confinement, fines, and loss of family visits. Many incarcerated people are afraid to accept mail from their lawyers – a critical means of communication during the pandemic. BHB’s suit aims to stop the DOC from using the test and to hold Sirchie accountable for knowingly selling a defective product that causes so much harm to a disempowered population. News about the lawsuit was recently featured in Vice, Reason and the Boston Globe.

WINTER 2020-2021

BHB WELCOMES NEW PARTNERS
Ellen Leonida joins BHB’s impact and white collar practice groups in San Francisco from the U.S. Public Defender’s Office in Northern California. She is one of the most well-respected criminal defense trial lawyers in the state and is responsible for more than 50 criminal defense jury verdicts. She has taught as an adjunct professor at the Berkeley School of Law and USF School of Law, and her work is recognized in California and nationally where she is an expert on trial advocacy, 4th Amendment jurisprudence, and the use of electronic and DNA evidence. Ellen is a first-generation immigrant from Moldova who learned English as her second language, and still believes her Raiders could one day return to Oakland. She received her J.D. from Berkeley School of Law and B.A. from University of California at Santa Cruz.

Ronald Fisher was elected as a litigation partner in BHB’s San Francisco office where he focuses on complex commercial disputes involving financial services, antitrust, contracts, and a variety of business torts. Since joining the firm, Ron has helped clients prevail in multiple court and arbitration trials, including the firm’s recent $54 million federal antitrust verdict on behalf of Orion Telescopes. Ron previously clerked for the Hon. Michelle T. Friedland of the U.S. Court of Appeals for the Ninth Circuit. He is a native Californian, outdoor enthusiast, and proud father of two girls. Ron received his J.D. from the University of Virginia School of Law (Order of the Coif) and B.A. from George Washington University.

Jason Sanderson was elected as a corporate partner in BHB’s San Francisco office where he represents over a hundred emerging and fast-growth companies at all stages in their life cycle as well as routinely advises venture capital and private equity funds in venture and growth financings. In 2020, Jason helped close over $700 million in financing and equity transactions for the firm’s clients. Jason is an avid gardener, home cook, pizzaiolo, and occasional homebrewer. He received his J.D. from the University of Michigan Law School and B.A. from the University of Rochester.

FALL 2020

THE NATIONAL LAW JOURNAL NAMES PARTNER J. NOAH HAGEY AS “2020 WINNING LITIGATOR”
BHB is pleased to announce that co-founding Partner Noah Hagey has been named by the National Law Journal as one of 2020's most revered "Winning Litigators." Noah earned back-to-back trial awards, including a $54 million federal antitrust jury verdict for Orion Telescopes, and served as lead trial counsel in a $16 million hedge fund fraud judgment. Noah also obtained multiple victories in false advertising class actions and trade secrets litigation.

PARTNER MATTHEW BORDEN DISCUSSES PORTLAND PROTESTS WITH THE RECORDER
After a preliminary injunction and Ninth Circuit opinion, violence by federal agents toward journalists has diminished. However, it has not disappeared. There is still work to do to defend and enforce the injunction. The Recorder sat down with Partner Matthew Borden to discuss the next steps for the case – read the full article here.

PROTEIN DRINK’S VANILLA FLAVOR FALSE ADVERTISING SUIT TOSSED
A pair of purportedly vanilla-loving plaintiffs got their just desserts on Tuesday when the Court issued a decision dismissing class action allegations against the New Jersey-based protein shake and powder company Only What You Need. The U.S. District Court for the Southern District of New York affirmed that everyone knows vanilla is not just an ingredient, but also a flavor. People are not looking for a “bowl full of vanilla,” the Court explained, dismissing the “fundamental[ly] flaw[ed]” claims with prejudice. The Court’s decision is the third consecutive dismissal of a class case by BHB in New York federal court. BHB has litigated well over 150 false advertising class actions without a single case ever certified. Read full article on Law360.

DEFENDING FREE PRESS FROM FEDERAL POLICE IN PORTLAND
BHB’s impact litigation team has been on the legal front lines in Portland since June. We serve as lead counsel together with the ACLU representing dozens of news and media organizations, including journalists with bylines in The New York Times, The Washington Post, The Guardian, and NPR, who have been illegally targeted, abused and harassed in violation of the First Amendment by Homeland Security and federal and local police agents. On Friday, the Ninth Circuit rejected Trump’s motion for a stay pending his appeal of the District Court’s preliminary injunction. As a result, press and legal observers will remain protected against further reprisals and intimidation from federal agents in the run-up to November’s election and after. The Courts’ decisions have been featured in dozens of media outlets, including AP, Politico, NPR, and CNBC. 

CORPORATE TEAM LEADS WATERLOO® TRANSACTION
BHB’s Venture/CPG team led a major equity financing and change in control transaction for client Waterloo Sparkling Water. Waterloo is one of the fastest-growing and largest independent sparkling water brands in the United States, with distribution in over 13,000 retail doors, including Whole Foods Market, Costco, Target, Kroger, Walmart, Publix, H-E-B/Central Market and others. The transaction will help Waterloo further accelerate growth and cement its position as a market leader. The head of BHB’s corporate practice, Dan Harris, noted that “equity investors have become more conservative during COVID, but we are still seeing significant interest in better-for-you businesses, particularly those with healthy margins and positive cash flow.”  BHB has helped raise over $375 million for its clients so far in 2020 alone.   

DISMISSAL OF CLASS ACTION AGAINST WIDOW JANE WHISKEY® 
In Boshnack v. Widow Jane, the Southern District of New York dismissed a “class” complaint against Widow Jane, one of the only major bourbon distilleries in New York and the only distillery in Brooklyn. Plaintiffs alleged that the client’s superlative bourbon was mislabeled. The plaintiff’s law firm had filed and threatened to bring identical complaints against many other whiskey companies, none of which were able to dismiss the claims. While others settled, BHB guided our client to another key win.  The decision is one of dozens obtained by BHB in recent years dismissing frivolous advertising class actions brought against food, beverage and other consumer goods clients.  

PRO BONO REPRESENTATION OF COVID-RAVAGED BUSINESSES
The firm has opened its doors for pro bono representation of dozens of small businesses affected by COVID shutdowns. From local restaurants and bars to hair salons and startups, we have been reaching out across our communities in San Francisco and New York. If you own or work for a local business in need of representation, let us know.

PREJUDGEMENT ATTACHMENT CULMINATES IN CREDITOR RECOVERY
BHB obtained an ex parte writ of attachment against United Cannabis days before the company filed for Chapter 11 bankruptcy. The court, which was sitting virtually due to the pandemic, authorized the prejudgment seizure of 65,000 pounds of hemp and CBD. But before the sheriff could finish taking the inventory, $300,000 worth went missing overnight and the company declared bankruptcy. BHB helped the client move to dismiss the bankruptcy for violating federal law. In response, a third party related to the debtor purchased the client’s interest and withdrew the motion. Months later, the bankruptcy court resurrected the “unrebutted” and “instructive” motion to dismiss, ordered the appointment of an examiner, and warned: “While a third party can buy the position of creditor, the Court is not for sale.”

BHB SERVES AS TRIAL COUNSEL FOR GREEK TELECOM BONDHOLDERS
BHB serves as trial counsel on behalf of an international consortium of TIM Hellas bondholder victims in a multibillion-dollar fraud litigation filed in New York against defendants TPG Capital and Apax Partners. The complaint alleges that defendants used dividend-recapitalization structures to enrich themselves to the detriment of the company and its note holders. The bondholder victims seek to recover in excess of $2 billion in damages resulting from defendants’ fraud, breach of contract, and other intentional wrongdoing.  

HEAVYWEIGHT NEW YORK LITIGATORS JOIN BHB
Four experienced trial attorneys have joined BHB’s New York office, expanding the firm’s representation of clients in cutting-edge financial services, distressed debt, and other complex litigation. 

Jonathan Kortmansky has tried cases across the country on behalf of publicly traded companies, financial institutions, closely held corporations, and high net worth individuals, with his victories regularly featured in Law360 and other publications. Jon graduated cum laude from New York University School of Law.

Franklin Velie was formerly Assistant Chief of the Criminal Division of the United States Attorney’s Office for the Southern District of New York and has tried over fifty cases to verdict. Frank earned his JD from Harvard Law School.  

Douglas Curran is a commercial litigator from clients in complex commercial litigation with a focus on high-stakes financial and intellectual-property disputes. He represents corporations and individuals across a variety of industries, including financial services, private equity, emergent technology, biopharmaceutical, and media/entertainment. Doug graduated cum laude from Duke University School of Law.

Julie Capehart has worked on a wide range of civil litigation, including bankruptcy, trusts and estates, breach of contract, unfair competition, the False Claims Act, and other complex commercial disputes. Julie has also worked on a variety of pro bono cases, including cases involving the rights of students to a proper education and immigration matters. Julie graduated magna cum laude from New York University School of Law.

VENTURE / FINANCE LAWYER JOINS BHB IN SAN FRANCISCO
Jason Sanderson works closely with a wide range of innovative companies, advising on formation and general corporate matters, operations and commercial matters, financings, and mergers and acquisitions. Jason also represents a number of venture capital funds, family offices, and angel investors on their investments in emerging companies.  

NYT FEATURES BHB’S ONGOING FIGHT AGAINST MISTREATMENT OF NURSING HOME RESIDENTS
In the Sunday edition of The New York Times, partner Matthew Borden was quoted regarding his work litigating against the illegal expulsion of residents from nursing homes. In collaboration with the California Advocates for Nursing Home Reform (CANHR), BHB has taken on various clients who were subjected to mistreatment. The Times article exposed the tactics employed by nursing homes to wrongfully discharge residents, harming those most vulnerable and prioritizing profit over people. BHB continues to advocate for elder rights across California.

SUMMER 2020

ONE WEEK, TWO APPELLATE VICTORIES
In the month of August, BHB secured two appellate victories: one in the Ninth Circuit and another in the California Court of Appeal.  

A unanimous panel of the Ninth Circuit Court of Appeals affirmed BHB’s defense of PERFECT BAR® against baseless “class” allegations regarding the supposed mislabeling of defendant’s snack bars. Finding that the appellants’ state law claims were preempted by federal laws and regulations, the Court upheld the District Court’s dismissal of the case.

In state appellate court, the California Court of Appeal for the Fourth District affirmed the decision the firm’s impact group won against a nursing chain’s motion to compel arbitration. Confirming our client’s right to a jury trial, the Court rejected the nursing home’s attempt to systematically strip away rights from a vulnerable class. We’re proud of BHB’s impact team and its effective advocacy for nursing home reform across the state. 

FEDERAL JUDGE ISSUED TRO AGAINST FEDERAL AGENTS IN PORTLAND
A federal judge issued a temporary restraining order against the U.S. Department of Homeland Security and the U.S. Marshals Service, prohibiting federal agents assigned to Portland from arresting, assaulting, or intimidating journalists and legal observers covering the Portland protests. The order specifically provides that journalists and legal observers may remain in an area following an order to disperse. The order is similar to an earlier order the judge granted against the Portland police, but it adds a paragraph stripping agents who violate the order of qualified immunity, a legal doctrine that often protects police from claims of brutality. This lawsuit is brought before the court by the combined efforts of BHB and the ACLU.

WINTER 2019-2020

AMERICAN LAWYER’S LITIGATOR OF THE WEEK: NOAH HAGEY
In December, founder Noah Hagey was honored as American Lawyer’s litigator of the week for leading BHB’s $50 million antitrust trial victory on behalf of client Orion Telescopes. The suit was closely watched in both the United States and China and is one of the first cases to challenge vertical integration of foreign manufacturers with American brands. BHB’s client is the last independent U.S. telescope brand in the U.S. During a five-week trial, BHB proved that Defendants, a consortium of Chinese telescope manufacturers, conspired to set prices and monopolize the market for consumer telescopes in the U.S. This is the second eight-figure trial award obtained for BHB clients in 2019. (The other being BHB’s $16 million judgment on behalf of hedge fund investors in Carbon Investment Partners v. Bressler.) To read more about the judgment and American Lawyer award, click here.

MILLERCOORS FOUND TO HAVE VIOLATED FEDERAL RULES
In November, BHB obtained sanctions against beer conglomerate MillerCoors on behalf of craft beer client Stone Brewing. BHB is suing MillerCoors to stop its knock-off of Stone’s house trademark, STONE®, and demanding that MillerCoors put the “KEY” back in Keystone. The Court found that MillerCoors had intentionally violated its discovery obligations, withheld key incriminating evidence, and ordered monetary sanctions. The matter is likely to head to trial in early 2020 where Stone seeks over $250 million in damages and injunctive relief to prevent MillerCoors’ ongoing infringement of its mark.

BHB SEEKING RELIEF ON BEHALF OF ANGEL INVESTOR IN LEADING CRYPTOCURRENCY EXCHANGE BITMEX
BHB is one of the few firms to have successfully litigated multiple suits regarding cryptocurrency investing and company control. Last week, BHB filed suit to protect angel investor Frank Amato’s interest in BitMEX, the world’s largest cryptocurrency exchange. According to the complaint, Plaintiff provided seed funding to help launch BitMEX but never had his equity stake recognized. BitMEX and its founder allegedly made misrepresentations to induce the investment and then breached the parties’ Simple Agreement for Future Equity, referred to as a “SAFE.” Plaintiff seeks to secure his equity investment worth over $300 million in compensatory and punitive damages. For more industry coverage, click here.

BHB SECURE DISMISSAL WITH PREJUDICE OF PURPOSRTED CLASS ACTION AGAINST ORTEGA TACO SHELLS BRAND
BHB dismissed another putative class action lawsuit brought by Greg Weston. This plaintiff’s lawyer has filed dozens of putative class actions about partially hydrogenated oils, an ingredient phased out of foods year ago. This case was purportedly brought on behalf of a plaintiff who was once described as the most confused consumer in the country, and who also claims to be the inventor of Spongebob Squarepants. The case previously had been stayed by the Court pending FDA review. Ultimately, despite repeated threats against our client, Plaintiff opted to dismiss this case rather than be subject to a BHB deposition and potential sanctions.

PLAINTIFFS DISMISS PUTATIVE CLASS ACTION AGAIN BHB CLIENT YUMEARTH
BHB also prevailed in another putative class action in November. Plaintiff claimed she was tricked into believing YumEarth’s organic lollipops did not contain sugar. Plaintiff’s lawyers evidently could not convince their client to testify to that claim with a straight face, and dismissed the lawsuit a day before she was scheduled to be deposed.

BHB OBTAINS COMPLETE DISMISSAL OF PROP 65 ACTION AGAINST CLIENT JIMMYBAR
BHB represents numerous food and beverage clients in Proposition 65 matters. In JimmyBar’s case, after another firm failed to secure a dismissal of a claim that should never have been filed, BHB jumped in to right the ship. Following targeted discovery was able to secure dismissal without payment. JimmyBar’s excellent products are now available in every Walgreens—and they’re delicious!

STEEPED COFFEE’S EFFORTS TO PROTECT ITS TRADEMARK WILL PROCEED
Steeped Coffee, a pioneering company that developed the first no-waste, single-serve coffee product, defeated a motion to dismiss brought by a copycat competitor, NuZee. The court’s ruling affirmed Steeped’s intellectual property rights in its proprietary coffee products, which continue to win awards and increasing consumer acclaim.

SUMMER 2019

BHB PREVAILS IN LANDMARK CIVIL RIGHTS LAWSUIT IN THE 9TH CIRCUIT
The Ninth Circuit Court of Appeals delivered a landmark decision in favor of BHB’s impact litigation team and its clients, California Advocates for Nursing Home Reform (CANHR) and three nursing-home residents. As reported by news media, the Court ruled that California must proactively enforce federal law protecting millions of the State’s poorest and most vulnerable nursing home residents from illegal “dumping” by facilities. For more about the case, see here.

SPRING 2019

TELESCOPE ANTITRUST CASE READIES FOR TRIAL
BHB defeated an Asian cartel's efforts to dismiss antitrust claims brought on behalf of the last independent U.S. telescope brand, Orion®. As reported in the media, Orion seeks more than $100 million in damages against Chinese monopolist Sunny Optics and Meade Instruments. BHB frequently represents businesses in bet-the-company cases involving suppliers or competitors engaged in commercial misconduct.

DELAWARE CHANCERY COURT DISMISSES CRYPTOCURRENCY LAWSUIT
BHB secured dismissal of a former investor's lawsuit against cryptocurrency fund, Polychain Capital. The case was reported and raised first-impression issues regarding the ability of former investors to get intrusive discovery of a fund's business dealings. BHB represents numerous investment funds and investors in cryptocurrency and blockchain development.

SANCTIONS LED TO DISMISSAL OF CLASS ACTION
BHB lawyers secured Rule 11 sanctions against plaintiffs' lawyers in a putative false labeling class action against Sunny Delight. A federal judge twice dismissed plaintiffs' class complaint for making false and misleading allegations. The first dismissal with leave to amend included $84,000 in sanctions for filing inaccurate pictures of the product. The second sanction resulted in a complete dismissal.

9TH CIRCUIT SIDES WITH CLIENT, REVERSES DISMISSAL OF LAWSUIT
The firm won an appellate victory in the U.S. 9th Circuit Court of Appeals on behalf of its physician client. The holding reversed a district court ruling that would have placed executive employees at great disadvantage in settling claims and potentially undermined California's right-to-work protections.

AWARD & JUDGMENT FOR INVESTMENT FUND
BHB obtained a $16 million arbitration award and state court judgment against an investment fund's former partner and portfolio manager on claims of fraud and breach of fiduciary duty. The case raises novel issues affecting the role of the client's New York prime broker and is being closely watched by industry observers and the media. BHB represents investment funds and managers in cases related to misuse of fund assets.

FUNDING FOR LEADING CANNABIS PRODUCER
BHB advised cannabis industry leader Flow Kana in a $125 million investment round, the largest private funding round for a U.S.-based cannabis company. That round closed in February, seven months after BHB helped the cannabis distributor raise $22 million in an initial funding round.

SUFFERFEST BEER ADVISER IN SIERRA NEVADA ACQUISITION
We advised Sufferfest Beer in its recent acquisition by Sierra Nevada Brewing. Trail runner, Caitlin Landesberg, founded Sufferfest to meet the growing demand for "functional," gluten-free beer popular among a growing number of athletes. The San Francisco-based company launched three years ago.

EQUITY RAISE FOR LEADING INTERNET FIRM OUTDOORSY
BHB advised Outdoorsy, the "Airbnb" of the recreational vehicles, in over $75 million in two financing rounds. The funding helped Outdoorsy expand operations in the U.S. and internationally as the leading provider of peer-to-peer rentals of outdoor RVs.

OVER $100 MILLION IN FINANCING DEALS FOR CPG CLIENTS
BHB has advised dozens of start-ups and emerging consumer product companies on fundraising. These cutting-edge startups include exciting brands such as: Prima, Core Foods and many others.

PROTECTING FOOD INNOVATOR DAILY HARVEST IN TRADE SECRET AND CYBERSQUATTING DISPUTES
BHB obtained favorable settlements and injunctions against would-be competitors seeking to misuse client Daily Harvest's trade secrets and internet domains. In one case, defendants sought to cybersquat on the company's domain name. Following litigation and entry of a preliminary injunction, the domain was transferred to Daily Harvest with an undisclosed monetary payment. 

DEFENDER ONE TRUE STONE® BEER
San Diego craft-beer maker Stone Brewing called on BHB when corporate giant MillerCoors recently re-branded its Keystone beer as "Stone". The Court recently acknowledged the likelihood of Stone prevailing on its trademark confusion claim. The beer industry is closely watching this case.

'FARCICAL' COMPLAINT DISMISSED
BHB secured a defense judgment and complete dismissal of a false labeling lawsuit challenging organic health juice maker Daily Greens use of "cold pressed" on its labels. The judge called the scattershot claims "farcical on their face" and dismissed the case at its earliest opportunity.

RECOGNIZED FOR SOCIAL JUSTICE AWARD
This year, one of our founding partners was awarded the William F. Taylor award for social justice. Matt Borden was honored by the public interest organization California Advocates for Nursing Home Reform for his years of outstanding contributions to elder rights advocacy. Borden's work exposing the unsavory practice of patient "dumping" has been widely covered in the media, with a Los Angeles television station winning an Emmy for its report on the subject.

ELDER RIGHTS ADVOCACY
The firm filed an amicus brief with the California Supreme Court for AARP and other elder rights groups over interpretation of California's Health & Safety Code as a private cause of action to protect citizens from abuse. The issue of capping damages under § 1430(b) at $500 per lawsuit is one of the most important elder rights matters pending in the state.

PROTECTION OF CAMBODIAN OPPOSITION LEADER
BHB represents exiled Cambodian opposition leader Sam Rainsy in his battle with Facebook relating to misuse of the platform to intimidate Cambodian citizens and misuse their private data. The case got worldwide attention and is part of the firm's effort to help address the misuse of social media by dictatorial regimes.

WINTER 2018-2019

BRAUNHAGEY & BORDEN LLP RANKED IN 2019 “BEST LAW FIRMS”
U.S. News & World Report and Best Lawyers®, for the ninth consecutive year, announce the "Best Law Firms" rankings. BraunHagey & Borden LLP has been ranked in the 2019 U.S. News - Best Lawyers® "Best Law Firms" list and regionally in 1 practice areas.

SPRING & SUMMER 2018

FAZE OUT THE INFRINGER
BHB represents SF-based apparel accessories company FAZE Apparel in a trademark infringement dispute against eSports company FaZe Clan.  FaZe Clan had been infringing Faze Apparel’s word and design marks by using the word “Faze” on FaZe Clan apparel and accessories. In May 2018 a federal court in Los Angeles granted a preliminary injunction prohibiting FaZe Clan from selling any products with the word "Faze" on it, without "Clan" being prominently displayed thereafter. News about the matter was featured in a recent ESPN article. 

BHB SECURES PRE-TRIAL SETTLEMENT FOR LONG-TIME CLIENT
BHB favorably resolved a dispute between the firm’s long-time client Nature’s Bakery and a former broker on the eve of trial.

KEEPING A LOCK ON THE BLOCK CHAIN
BHB resolved an ownership dispute for cryptocurrency client, BlockTower Capital. A former employee claimed to have a multi-million-dollar equity interest in BlockTower. After BHB filed a complaint in Connecticut seeking a declaration that the plaintiff owned no interest in BlockTower, the former employee filed a complaint in California.  After BHB succeeded in staying the CA action in favor of the earlier filed Connecticut action, the former employee agreed to dismiss his claims.

WINTER 2017-2018
 

BHB FILES STONE BREWING'S OFFENSIVE AGAINST MILLERCOORS' TRADEMARK INFRINGEMENT
BHB serves as IP trial counsel for legendary Stone Brewing in protecting the brewer’s STONE® trademark against recent infringement by MillerCoors.  Stone’s federal lawsuit claims that MillerCoors recently decided to abandon its Colorado heritage by adopting the STONE® Mark for its Keystone beer.  Like its Gargoyle mascot, BHB suffers no such injustice and has joined the fight to help keep consumers straight about just who makes STONE® beer.  As noted by the firm’s client, it is time to put the “Key back in Keystone.”  Articles and industry press on the case can be found here and here and here. 

"PATIENT DUMPING" LAWSUIT FILED AGAINST SAN JOSE CARE FACILITY
Matthew Borden is featured on this ABC 7 news piece about nursing home patient dumping. 

COMPLAINTS ABOUT NURSING HOME EVICTIONS RISE, AND REGULATORS TAKE NOTE
New York Times features a front page article on BHB's impact cases suing to end nursing home resident dumping. 

TRADE SECRET LITIGATION
In trade secret litigation in New York and California, BHB secured dismissal of claims against a leading Bay Area wealth management firm.   BHB's clients left a major bank to form an independent investment advisory firm.  When the bank brought trade secrets and other claims against the new firm's founders, BHB countersued, raising claims for unfair competition and other significant misconduct.  With trial setting approaching, BHB secured no-payment dismissal of the lawsuits.  

BHB IMPACT CASE FEATURED IN TOP NEWS SOURCES
Los Angeles Times - Cambodian opposition leader brings Facebook battle to California court
New York Times - Fight Over Cambodian Leader's Facebook 'Likes' Reaches a U.S. Court
The Guardian - Cambodian leader Hun Sen's Facebook 'likes' become subject of lawsuit
BBC News - Cambodia Facebook feud hits California courts
BuzzFeed News - Facebook Is Being Taken To Court Over Human Rights Abuses In Cambodia
U.S. News - Facebook Runs Into Lawsuit Over Cambodian Politics

BENCH TRIAL VICTORY
BHB prevailed in a California bench trial regarding a founders dispute over their Bay Area marketing company.  After BHB secured multiple orders restraining our client's co-founder efforts to destroy all value in the company, Court ordered dissolution in favor of BHB's client and appointed her as interim manager overseeing the process.  

INVESTMENT ADVISOR WIN
BHB successfully counseled and represented a team of investment advisors in multibillion dollar exit and transition from a leading international financial institution.  BHB routinely provides pre-dispute guidance and legal representation to investment advisors, startups, spinoffs, hedge funds, private equity firms, and financial institutions regarding restrictive covenant, trade secret and business divorce disputes.

BHB OBTAIN INJUNCTIVE RELIEF
BHB obtained temporary and permanent injunctive relief in a business and trade secrets case on behalf of a leading fintech business based in California and internationally.  

FOUNDERS DISPUTE RESOLUTION
In a founders dispute, BHB achieved a successful resolution on behalf of a hedge fund.

BHB PREVAILS ON BEHALF OF BAKERY
BHB prevailed against an insurance company in premium dispute on behalf of a nationally-recognized bakery.

CHAPTER 11 REPRESENATION
BHB is representing a significant creditors group in a Chapter 11 restructuring dispute.  The firm is often called upon as special counsel related to complex litigation events in bankruptcy courts around the country.

CPG/TECH CORPORATE TRANSACTIONS
Our CPG/Tech Corporate Group continues to grow and advise our clients on a range of cutting edge transactional matters.  Recently, BHB:
 
•    Led the Series A financing of Once Upon A Farm.
•    Negotiated the confidential buyout and acquisition of a leading consumer products brand.
•    Represented food, CPG, and tech companies and institutional investors in early and later stage financings and investments from strategic partners.
•    Advised on multiple M&A exits and pre-exit events for CPG clients.
•    Prosecuted and registered U.S. and international trademarks for several highly-branded food, beverage, CPG, and tech companies.
•    Negotiated key commercial agreements for emerging company clients with large corporate counter-parties in the food/CPG/tech industries.
•    Negotiated and purchased domain names and trademarks.

TRADEMARK LITIGATION WIN
In a highly-publicized trademark litigation, BHB represented a highly-branded food company against its publicly-traded rival.  BHB secured broad injunctive relief and caused the competitor to abandon two trademark applications and stop a U.S. product launch.  

BHB DEFENDS TRADEMARKS FOR MORE THAN 10 COMPANIES
Since our prior newsletter, BHB has successfully defended trademarks for more than 10 CPG (consumer product goods) companies, obtaining numerous stipulated resolutions requiring competitors to cease infringement of our clients' marks. 

SUCCESS IN IP AND TRADEMARK DEAL
BHB served as IP counsel in a $100 million real estate transaction and successfully enabled consummation of the deal.  BHB also successfully advised and helped a client obtain the reissuance of a Chinese trademark.

DEFENSE AGAINST CLASS ACTION TROLLS
BHB continued its defense of highly-branded companies against class action trolls, eliminating hundreds of millions of dollars in potential claims, often early in litigation or before any claim has been filed by knowing our clients' products and bringing aggressive leverage against plaintiffs' counsel.

LABELING CLASS ACTION RESOLUTION
In a labeling class action filed against a CPG client in San Francisco Superior Court, BHB resolved the action for a nominal payment after showing putative class plaintiffs' counsel that our client's product was correctly labeled and that the plaintiff had no injury. 

SUNSCREEN DISPUTE DISMISSED
BHB secured dismissal without payment of a national class action filed in Illinois against a prominent private equity firm.  The plaintiff alleged that BHB's client had participated in misrepresenting test results for the SPF of sunscreen even though there was no evidence that our client had participated in such testing, or that the testing was inaccurate. 

OBTAINED DISMISSALS OF NUMEROUS CLASS ACTION CLAIMS
On behalf of small brands and publicly-traded CPG companies, BHB obtained dismissals without payment of numerous other class action claims involving allegations of excessive slack-fill in food packaging and personal care products, the use of the term "evaporated cane juice" in food products, and claims about artificial ingredients, preservatives and "citric acid" in food products.

SANCTIONS OBTAINED FROM GREGORY WESTON
BHB also received a check for over $20,000 from a plaintiff's lawyer Gregory Weston after the Ninth Circuit affirmed the award of sanctions we obtained against him.

UNCOVERING OF CAMBODIAN GOVERNMENT MISCONDUCT
The firm represents Sam Rainsy, Cambodia's exiled opposition party leader, in various litigation seeking to uncover misconduct and abuse of the Cambodian government.  BHB recently obtained an order requiring Chevron Corporation to produce critical information related to the killing of Cambodian political activists at a Chevron-owned  gas station in Cambodia.  The case has been heavily featured in reports from in the LA Times and Phnom Penh press. 

BHB IN THE NINTH CIRCUIT
BHB recently argued in the Ninth Circuit regarding California's treatment of restrictive covenants.  

NURSING HOMES DUMPING PATIENTS
BHB filed a case along with AARP,  to enjoin a national nursing facility chain from dumping residents in hospitals.  This case has received national attention, including in a story by Ina Jaffe at NPR and in other media.

BHB STANDS UP FOR NURSING HOME RESIDENTS
BHB filed an amicus brief in the First District Court of Appeal on behalf of the California Long-Term Care Ombudsman Association to uphold a Superior Court decision banning the use of "death panels" to make end-of-life choices for nursing home residents who lack decision-making capacity and have no known legal representative.

FOUNDER PLANNING ON THE FRONT END
Dan Harris presented on a panel of experts at BevNet on founder matters.  His presentation,"Founder Planning on the Front End," focused on building early stage companies in a sustainable way that protects founder interests and rights as the company grows. 

ACCESS TO HEALTHY FOOD AND LEGAL BOOTCAMP
Dan Harris and Allison Hagey moderated conversations about access to healthy food at  Esca Bona in Austin, TX.  They also provided a legal bootcamp session for the accelerator Food System 6.

THE LATEST TRENDS IN FOOD AND BEVERAGE LITIGATION
Amit Rana spoke at the Perrin Food & Beverage Liability Conference in Chicago about the latest trends in food and beverage litigation, including First Amendment defenses and injunctive relief in labeling litigation in light of the Ninth Circuit's recent decisions in American Beverage Assn v. City & County of San Francisco and Davidson v. Kimberly-Clark Corp.

HOW CAN THE SEMANTIC WEB OF FOOD DATA AFFECT AND INFORM FOOD POLICY?
Allison Hagey presented at UC Davis on a panel of food policy and legal experts on a panel entitled "How can the semantic web of food data affect and inform food policy?"

FALL 2017

DAN HARRIS JOINS BHB TO HEAD CORPORATE PRACTICE
BraunHagey & Borden is pleased to announce the expansion of its food, CPG, and tech practice with the hiring of Dan Harris as partner and head of the corporate practice. Dan joins BHB from Gunderson Dettmer where his practice centered on advising emerging growth companies on general corporate and commercial matters, equity and debt financings, and mergers and acquisitions. He works closely with a wide range of innovative food and agriculture technology, CPG, software, hardware, and marketplace-based companies. 

SPRING 2017

ANTITRUST ACTION FILED ON BEHALF OF MAJOR US TELESCOPE BRAND AGAINST CHINESE MANUFACTURER FOR PRICE FIXING
BHB attorneys represent leading U.S. telescope brand Orion in antitrust litigation filed against the brand's dominant Chinese telescope manufacturer for price fixing and market collusion.  The case is pending in California federal court and represents a likely new wave of antitrust suits involving vertical integration of Chinese manufacturers in the U.S. consumer products market.  In 2016, BHB secured a favorable client settlement of similar claims involving other defendants.

BHB PREVAILS IN FEDERAL EVIDENTIARY HEARING AND SECURES SEVEN-FIGURE JUDGMENT FOR SOLAR DEVELOPER
Following a mini-trial and preliminary injunction hearings in Manhattan federal court, BHB obtained a favorable consent judgment for its Maryland-based solar plant developer client on breach of contract, tortious interference and unfair competition claims.  After obtaining an order barring defendants from continued use of confidential information and findings of defendants' collusion to engage in bid rigging and bribery, defendants agreed to a substantial monetary settlement and confession of judgment.  

APPELLATE VICTORY IN IP MISAPPROPRIATION AND FRAUD ACTION
BHB secured an appellate victory for technology company Ashbury Heights Capital in an IP dispute regarding their patented investment analytic.  Ashbury alleges that FactSet and its subsidiary breached contractual obligations and fraudulently underreported revenue derived from their use of Ashbury's technology.  The California Court of Appeal ruled that Ashbury's claims could proceed in court and not, as defendants argued, in arbitration.  BHB is now pressing forward towards trial.

BHB WINS NEW YORK ARBITRATION DISPUTE ON BEHALF OF PRIVATE EQUITY FUNDS
After litigating in multiple venues for over a year, the firm obtained an arbitration award for two private equity fund clients in a breach of contract case.  BHB's clients were awarded broad injunctive relief and a sizable award of attorneys' fees, and the opposing party's counterclaims were all summarily dismissed.  The private equity funds brought the arbitration to remedy various breaches of prior settlement agreements by a former business partner.  

BHB PROTECTS NATURE'S BAKERY IN NASCAR SPONSORSHIP DISPUTE INVOLVING DANICA PATRICK
BHB is representing popular fig and fruit bar maker Nature's Bakery in a high-profile contract dispute with NASCAR's Stewart-Haas Racing (SHR) team and driver Danica Patrick.  BHB serves as lead counsel on claims that SHR breached contractual commitments to its sponsor.  The suit is proceeding in North Carolina state court.

BHB RESOLVES PRE-SUIT CLAIMS ALLEGING CLIENT'S BRAND NAME IS DECEPTIVE
The firm recently resolved a series of claims challenging our client's brand name as misleading. After an all-day mediation and protracted follow-on negotiations for almost a month, BHB secured an agreement that protected the client and its brand.  

CLASS ACTION DISMISSED AGAINST CEREAL BRAND CLIENT
BHB secured a no-payment dismissal of a putative class action regarding the labeling of its client's leading maple brown sugar cereal.  The suit alleged that the cereal was misbranded because it did not contain "maple."  However, the product contained maple syrup solids and under FDA regulations, maple is a flavor profile, not a substance.  Plaintiff was forced to dismiss the case.

FAVORABLE LITIGATION SETTLEMENT AGAINST NEW YORK HEDGE FUND
BHB achieved favorable settlement terms on behalf of its pooled investment fund client against a New York hedge fund.  The case involved breach of fiduciary duty allegations arising from the redemption of investment interests in the fund.  Following several procedural victories, and defendants' replacement of two sets of defense counsel, the case settled favorably.    

BHB REPRESENTS HUMAN RIGHTS VICTIMS AND CAMBODIAN OPPOSITION LEADER IN LAWSUIT SEEKING INFORMATION FROM CHEVRON CORPORATION
BHB recently filed suit in San Francisco federal court against Chevron Corporation to obtain information regarding the assassination of a well-known Cambodian government critic and opposition leader in Cambodia.  Videotape from a Chevron-owned gas station in Phnom Penh captured events related to the assassination, yet Chevron has refused to produce the videotape or other documents.  The lawsuit seeks information concerning Chevron's knowledge and information about the incident, including possible connections between the facility and government leaders.  News about the assassination was featured in a recent LA Times Report.

DISMISSAL OF ARBITRATION CLAIMS AGAINST START-UP HEDGE FUND CLIENT
The firm successfully defended a start-up hedge fund from competitor track record claims in a San Francisco arbitration.  A multi-billion-dollar hedge fund sued the firm's client and sought a preliminary injunction to prevent it from launching.  BHB defeated the application and later secured a monetary payment to the client together with dismissal of the claims.  

FEE AWARD FOR THE SIERRA CLUB FOLLOWING SUCCESSFUL CLEAN AIR ACT SUIT
BHB secured a multi-million-dollar fee award for the Sierra Club against coal industry defendants in a closely watched dispute over plaintiff's right to attorneys' fees under the Clean Air Act.  The Sierra Club's suit sought injunctive relief against some of the dirtiest players in big-coal.  After several years of litigation, defendants consented to an injunction, but sought to contest the Sierra Club's right to fees.  BHB successfully represented the Sierra Club and its local affiliate in securing a substantial fee award and dismissing defendants' competing petition. 

BHB DISPATCHED PUTATIVE CLASS ACTIONS AGAINST FOOD CLIENTS
BHB recently secured dismissal of three separate class action claims and/or suit directed against food product manufacturers and brands.  The firm has successfully defended more consumer product class action cases than any boutique firm in the country.

MULTI-MILLION DOLLAR SETTLEMENT FOR CLIENT IN TRUST DISBURSEMENT LITIGATION
BHB successfully resolved a multi-million-dollar probate lawsuit it filed on behalf of two brothers after their stepfather began dating and signing over his estate assets to his 20-year old caregiver shortly before he passed.  The clients will receive all their inheritance less a small amount (roughly the cost of the cosmetic surgery that was gifted to the mistress).

BHB CONTINUES TO PROTECT CLIENT TRADEMARKS FROM WOULD-BE INFRINGERS
BHB continues to secure protection from would-be trademark infringers and copycats, and with some fancy footwork, has secured some hard to obtain marks for clients.  Check out the David and Goliath story on our client, Once Upon a Farm®, whose registered trademark was used by a competing product. BHB also is representing longtime client Amplify Snack Brands and its SKINNYPOP® trademark in trademark infringement litigation seeking to halt the importation of infringing products by Snyder's-Lance and Metcalfe's.  

IMPACT LITIGATION UPDATE
In recent months, we have continued our work protecting the rights of underserved clients in important impact litigation: 
  •  Represent international human rights organization, in trademark litigation in New York federal court brought by Travelers Insurance.
  •  Saved life of nursing home resident after facility placed order not to resuscitate her and deny her medication without her consent.
  •  Won appeal to prohibit dumping of nursing home residents following hospital stays in an issue of first impression in California.  See St. John of God Retirement
        & Care Ctr. v. Dep't of Health Care Servs. Office, 2 Cal. App. 5th 638 (2016).  The California Supreme Court refused to review or depublish the opinion on
        November 9, 2016. 
  •  Successfully settled an excessive force case on behalf of a mentally ill individual who was incarcerated in Santa Clara County Jail.

CPG-TECH PRACTICE NEWS
The Firm's Food, CPG, Beverage and Tech practice group has had a busy start to the year.  Recent highlights include:
  •  Negotiated Series A investment by institutional investor in innovative better-for-you food ("BFY") category client.
  •  Advised several highly branded clients on seed investment rounds.
  •  Secured dismissal of several false advertising class actions against highly branded food companies.
  •  Provided formation set-up for several start-ups in the supplement, health tech, and BFY food space.
  •  Negotiated several co-pack, distributor, and endorsement agreements for a wide range of clients from start-up to mid-market.
  •  Secured trademarks and trademark assignments and cleared the field for several highly branded food, beverage and supplement companies.
  •  Advised multiple CPG firms on exit negotiations and transactions.
  •  Represented highly branded company in negotiations with investment from strategic partner.

BHB INDUSTRY LEADERSHIP
BHB has been active in helping to provide cutting-edge commentary and advice for Food, CPG and Tech companies:
  •  Judging Pitch Slam competition at Expo West in Anaheim and participation in Natural Products Business School luncheon. 
  •  Speaking at Esca Bona about consumer activation, policy, and regulatory issues. 
  •  Presenting the Legal Bootcamp 101 at Project Nosh on potential issues facing new food and beverage businesses from IP/branding to regulatory    
        compliance and corporate governance.
  •  Providing support and guidance for new cohorts of Food System 6, a better-for-you food system accelerator. 
  •  Publication of article, Expanding the market: Thinking beyond the yoga mom, challenging CPG brands to expand their focus into lower income markets. 

Noah Hagey led a panel of legal experts at Bev Net Winter 2016, a two-day conference of leaders in the beverage industry, on the latest development in food law.

Matt Borden spoke at the Perrin Food & Beverage Liability Conference in New York about the latest trends in food and beverage litigation, including ethical violations involved in recruiting "clients" to act as class representatives in food class actions. 

WINTER 2017

BHB HIRES NEW LITIGATION ASSOCIATES
Toby Rowe is a 2014 JD graduate of Georgetown University Law Center.  His practice focuses on commercial IP and contract disputes, as well as regulatory investigations and defense of putative class action claims.  Toby has litigated cases on behalf of Fortune 100 companies, government entities, growth companies, and industrial clients.  Toby lives in the San Francisco Bay Area.  Prior to law school, Toby received his BA in English from Wheaton College (Mass.).

Amit Rana is a 2013 JD graduate of UC Davis School of Law.  Amit focuses on complex commercial litigation, with an emphasis on business tort and contract disputes.  Amit has defended and prosecuted a variety of civil actions including unfair competition, labor and employment, fraud, breach of fiduciary duties, breach of contract, and regulatory actions. He recently represented shareholders in a complex investor dispute, a national franchisor in multiple related consumer class actions, and major technology client against false advertising and consumer fraud claims.  Prior to law school, Amit received his BA from the University of Michigan. 

CPG/TECH LAW
Winter is here, snow is in the Sierras and Expo West is around the corner ... which means time for BHB's Winter 2017 CPG / Tech Law Update.  Also, a few legal updates on FDA guidelines, GMO regulation and farm bill changes.

BHB RAISES THE STAKES FOR CAMBODIA'S SMALL HUMAN RIGHTS COMMUNITY
The Los Angeles Times recently published an article about the assassination of a high-profile critic of the Cambodian government, featuring the firm’s work on behalf of individuals seeking evidence related to the killing for use in pending foreign proceedings in Cambodia and before the International Criminal Court.  The murder occurred at a gas station in Phnom Penh run by Chevron’s subsidiary, and was captured by the station’s video surveillance.  The Cambodian government has refused to release the Chevron video files.  The assassination led to massive protests in Cambodia and a crack-down on those raising questions about whether any government officials were involved.  The firm hopes to use U.S. discovery laws to introduce fairness into proceedings underway in Cambodia and the Hague related to the assassination.

SUMMER 2016

EXPANDING FOOD, CPG AND TECH PRACTICE
The firm's Food, CPG (Consumer Packaged Goods), and Tech practice is growing!  We now represent startups and established brands in all stages of growth and investment, including industry-leading innovators, such as NuLo®, SkinnyPop®, Babyganics®, Vega®, Chameleon Cold Brew®, and Drink Daily Greens®.  

BHB DISMISSES FALSE LABELING CLASS ACTION AND OBTAINS SANCTIONS AGAINST PLAINTIFF
BHB has dismissed more false labeling class actions than almost any firm in the country. We recently dismissed class claims initiated by notorious plaintiff troll, Gregory Weston, Esq. The firm demonstrated that its client's labeling was approved by FDA regulations and Congress. Plaintiff's counsel sought to file a frivolous appeal, which the Ninth Circuit rejected and ordered sanctions upon the firm's motion.  

BHB MANAGING PARTNER NOAH HAGEY PROFILED IN LAW 360'S TRIAL PROS
Noah Hagey was recently profiled by Law 360, in an interview for their "Trial Pros" series. In addition to sharing stories from past trials, including a temporary interruption of his cross of a damages expert caused by a bomb scare at the courthouse, Noah detailed his trial prep routine, and offered advice to fellow trial lawyers about collaboration among the entire trial team.  Noah has led trial victories for his clients in a variety of civil matters, including class action, contract, fraud, trademark, patent, and antitrust cases. One of those victories discussed in the interview resulted in a $36 million lost profits award for a Delaware investment firm, one of the largest trial judgments in the country that year. Read the full interview here.

BHB AWARDED ATTORNEY'S FEES IN NEW YORK CONFIRMATION PROCEEDING ON BEHALF OF FOOD CLIENT
After obtaining court confirmation of an arbitration award on behalf of its national food company client, the Southern District of New York awarded BHB all of the attorneys' fees and costs it incurred in seeking confirmation.  BHB filed the arbitration on behalf of it client to stop a former executive of one of its portfolio brands from breaching a non-compete.  

BHB WINS NEW YORK ARBITRATION DISPUTE ON BEHALF OF PRIVATE EQUITY FUNDS
After litigating in multiple venues for over a year, the firm obtained an arbitration award for two private equity fund clients in a breach of contract case.  BHB's clients were awarded broad injunctive relief and a sizable award of attorneys' fees, and the opposing party's counterclaims were all summarily dismissed.  The private equity funds brought the arbitration to remedy various breaches of prior settlement agreements by a former business partner.  

BHB CLIENTS NAMED MOST INNOVATIVE CONSUMER BRANDS OF 2016
Two of BHB's long-time clients were recently named by CircleUp as two of the 25 Most Innovative Consumer Brands of 2016.  Austin, TX based Chameleon Cold Brew makes organic, fair trade and delicious cold brew coffee that was recently named the best cold brew coffee in America by Thrillist. Nulo, also hailing from Austin, makes small batch, natural pet food that helps pets stay active and healthy.   Congratulations to Chameleon and Nulo!

BHB RESOLVES PRE-SUIT CLAIMS ALLEGING CLIENT'S BRAND NAME IS DECEPTIVE
The firm recently resolved a series of claims challenging our client's brand name as misleading. After an all-day mediation and protracted follow-on negotiations for almost a month, BHB secured an agreement that protected the client and its brand.  

BHB SECURES PRE-ANSWER DISMISSAL OF LITIGATION AGAINST REAL ESTATE INVESTMENT CLIENT
BHB secured dismissal of claims concerning the acquisition and management of a commercial shopping center.  Plaintiff had sued for breach of an asset management agreement in California Superior Court, claiming it was owed a substantial finder's fee, as well as management fees and cash flow from the property.  BHB discovered, however, that Plaintiff had fraudulently sought to remove its client from the acquisition and had failed to perform diligence on the property. After threatening sanctions for the filing of false complaint, the case was favorably settled and dismissed.

BHB REPRESENTS INVESTOR IN SUIT AGAINST HEDGE FUND
BHB succeeded in dismissing claims against its pooled investment fund client, and obtained a ruling permitting breach of fiduciary duty and contract claims to proceed against New York-based hedge fund.    BHB represents a wide array of hedge fund, private equity, and other financial services firms in business and investment disputes in New York, California, and Delaware.  

BHB DEFENDS FOOD CLIENTS FROM THREATENED CLASS ACTIONS
BHB represents dozens of highly branded food product companies who are frequently targeted by plaintiff's lawyers looking for their next class action payday.  In the past few months, BHB has responded to numerous demand letters threatening putative class actions for allegedly false labeling, including claims that products are deceptively labeled "all natural" or make misleading health claims.  BHB's detailed and informed response to these demands allowed the cases to be resolved quickly and without distraction and expense.

BHB SECURES RELIEF FOR CLIENTS IN IMPACT AND PRO BONO LITIGATION
We are proud of our impact and pro bono practice.   In recent months, the firm:
•    Negotiated a settlement for a low-income, protected class victim of contractor fraud in West Oakland.
•    Represented an Eritrean refugee in obtaining housing benefits and services which had previously been wrongfully denied.  
•    Counseled an international women's rights organization.
•    Represented a prisoner in an excessive force civil rights suit in federal court.
•    Advised a non-profit trade association that promotes plant based foods.
•    Secured public records related to environmental water abuse on behalf of the Animal Legal Defense Fund.
•    Represented a United Nations official on freedom of association and assembly litigation in the U.S.
•    Continued to advocate in state and federal court on cases involving the non-profit California Advocates for Nursing Home Reform.  

BHB HELPS POLICYHOLDERS SECURE COVERAGE FOR LIABILITY CLAIMS
Even when an insurance company drags its feet or initially refuses to cover a liability claim, BHB frequently is still able to help its clients secure insurance benefits.  In a recent case, when a driver for a healthy food delivery startup was involved in a serious auto accident, the company was concerned that the amount of potential recovery might exceed the limits of the company's auto insurance policy.  BHB helped secure a settlement within the insurance policy limits to avoid a potential excess exposure, and advised the client on how to improve its insurance protection going forward.  In another case, the client's insurer balked at defending a professional liability suit.  BHB helped obtain a defense of the suit at the insurer's expense.

BHB'S RESIDENT DUMPING SUIT GAINS NATIONAL ATTENTION
BHB's impact litigation against the State of California to end nursing home resident dumping was recently featured in an article in The Atlantic by Anna Gorman and in a 7-minute radio segment on NPR by Ina Jaffe. BHB brought this case because the State does not enforce federal laws preventing facilities from dumping their poorest and sickest residents into hospitals to make space for more "lucrative" clients. As a result, many individuals are being warehoused in hospital beds, causing devastating injury to the residents and their loved ones and costing Californians over $70 million in unnecessary hospitalization costs.

LAW360'S COVERAGE OF BHB'S LATEST CLASS ACTION DEFENSE VICTORY
Law360 recently covered the firm's achievement in "crumbl[ing] a proposed class action" against a long-time BHB client. The dismissal is just the latest successful result BHB has obtained as part of its growing class action defense practice-to date the firm has defeated over 40 class actions, with not a single class certified against its clients. Read the article about the dismissal in Law360. The opinion dismissing the claims can be found here.  

SPRING 2016

NINTH CIRCUIT SIGNALS MORE ACTIVE ROLE FOR DISTRICT COURTS IN POLICING IMPLAUSIBLE LABELING CLAIMS
The Daily Journal recently published our article about a recent Ninth Circuit decision directing district court judges to use their real world experience and common sense to ferret out frivolous claims at the pleading stage. The article focuses on how the Court’s decision in Ebner v. Fresh Inc., 13-56644 (March 17, 2016) will embolden more district courts to dismiss such cases at their inception, before defendants are forced to incur significant litigation costs defending against such suits.

FOOD NAVIGATOR PROFILES BHB'S NEW PRACTICE GROUP
An interview in Food Navigator highlights BHB’s new practice group providing general counsel services to food, beverage and other consumer products companies. Many companies “adopt a piecemeal, after-the-fact approach after they have gone to market, and fail to understand how important an IP could be in raising money, and selling the business further down the line. We want to offer a preventative care practice.” Defending against labeling claims continues to be a core part of the practice. “Pretty much every large food company has been hit with labeling litigation and plaintiff’s lawyers are now hitting smaller and smaller companies; we’ve seen demand letters to very very small food companies, and that can be really damaging to a company that’s just starting out.”

NEW VERMONT GMO LABELING LAW'S IMPACT ON FOOD MANUFACTURER'S LABELING PRACTICES
A Vermont law which requires labeling for most human food products containing genetically modified ingredients is set to go into effect in July 2016 and has many food products companies scrambling as they decide how to adapt their labeling. In an article in Food Navigator, BHB discusses the implications of Vermont’s new labeling law: “There is no current consensus in the industry on how companies will comply with the law in Vermont. A practical approach could have been for retailers to sticker products before they go on the shelf, but the law has disincentivized that. Retailers are not generally responsible for compliance, but the law provides that if retailers choose to sticker, they could be rendered ‘manufacturers’ under the law and liable for compliance. Therefore, unless companies can tightly segregate their distribution, they may choose to label nationwide.” BHB’s new practice group providing general counsel services to food companies is currently advising clients on this issue.

BHB LOOKS AT NINTH CIRCUIT BALANCING ACT IN "ALL NATURAL" CLASS ACTION
A Daily Journal article authored by BHB attorneys, Andrew Levine delves into some current legal issues surrounding class actions and "all natural" lawsuits in the Ninth Circuit. In an attempt to balance a putative class plaintiff's right to precertification discovery with local rules requiring that motions for certification be filed within a set time period, the Ninth Circuit revived a putative class action that likely could never be certified and cautioned that districts courts should be careful not to use such rules to close the certification gate on plaintiffs before they have a reasonable opportunity to obtain necessary precertification discovery. 

LEGAL ANALYSIS BY BHB LITIGATORS: NFL LEARNED FROM ITS DISTRICT COURT FUMBLES IN DEFLATEGATE
An article by Noah Hagey in Sports, Employment, New York and Appellate Law360 explores the legal story of the NFL’s fumble in its handling of the Deflategate case and its attempts to punish Tom Brady. Deflategate is only part of a surprising and ongoing pattern by the NFL of mishandling challenges to its decisions. While the NFL is broadly considered a “top modern storyteller,” it has repeatedly failed in presenting its side of the story and has shown a lack of understanding of how to win its own arbitration cases. 

WINTER 2015

NPR FEATURES BHB'S SUIT AGAINST THE STATE OF CALIFORNIA TO PREVENT ILLEGAL NURSING HOME EVICTIONS
As part of the ongoing coverage of a lawsuit we filed in November against the state of California on behalf of evicted nursing home residents, veteran NPR correspondent Ina Jaffe reports on the case for Morning Edition:

Podcast and print version, including pictures of clients, are available on the NPR website. Recent coverage of the case also includes a feature in The Atlantic and California Healthcare.

BHB PREVAILS AGAINST “FOOD PLAINTIFF” FIRM KNOWN FOR RECYCLING PLAINTIFFS AND FILING FRIVOLOUS DUPLICATIVE CUT-AND-PASTE CLASS ACTION COMPLAINTS
BHB obtained dismissal of mislabeling claims asserted in a proposed class action against long-time client B&G Foods, Inc. The Court found that B&G’s labeling complied with FDA regulations and Plaintiff’s labeling claims were “expressly preempted” by federal law. A California Federal Court also stayed the remaining “use” claims, pending further guidance from the FDA. Well before receiving Plaintiff’s demand letter, B&G Foods had already begun phasing out the ingredients at issue, and had removed the subject labeling from its products, even though, as the Court found, the labeling fully complied with FDA regulations. Nonetheless, Plaintiff’s counsel demanded a mid-six-figure settlement in exchange for not filing suit. When B&G Foods refused to pay pizzo for protection from class litigation, Plaintiff’s counsel filed a class complaint. Plaintiff, a serial litigator who has been involved in nearly 30 lawsuits (including one in which he claimed to have created the cartoon character SpongeBob SquarePants), has acted as class representative in other frivolous labeling cases brought by the same firm against food products companies. The Court’s ruling followed California and Ninth Circuit precedent dismissing identical false labeling claims, and echoes a trend of dismissals of similar shakedown efforts by “food plaintiff” attorneys whose misconduct has increasingly served as the basis for malicious prosecution claims. Read the article about the dismissal in Law360. The opinion can be found here. This dismissal is the latest victory for BHB in a series of over 40 class actions that the firm has successfully defeated. On BHB’s watch, not a single class has ever been certified against a firm client.

FALL 2015

LESSONS IN M&A FROM THE DOLE DECISION
Noah Hagey's "In Practice" column for The Recorder outlines essential takeways from the recent Dole decision in the Delaware Court of Chancery. The court ruled that the 2013 $1.2 billion management buyout of the Dole Food Co., the second largest award ever by a Delaware court in connection with an M&A transaction, was not fair enough. "The Delaware Court of Chancery opinions arguably have more impact on San Francisco and Silicon Valley companies than even our own state and federal courts. This is because Delaware has long been and remains the preferred state of incorporation for California-based companies, from startups to established Fortune 500 firms. . . . The Delaware Court of Chancery is seen by most corporate lawyers as management-friendly, predictable and highly skeptical of outsized shareholder claims. For the most part, Chancery Court opinions support this perception—except when they don't."

BHB FILES CANHR LAWSUIT AGAINST STATE OF CALIFORNIA TO STOP ILLEGAL DUMPING OF NURSING HOME RESIDENTS
As reported in Reuters, NPR affiliate station Southern California Public Radio, Sacramento's Business Journal, and McKnights, the firm filed a lawsuit in federal court in San Francisco against Secretary of the California Department of Health & Human Services to stop illegal nursing home resident dumping. The suit alleges that the agencies overseen by Secretary Dooley are willfully ignoring federal laws that require the State to provide for “prompt readmission” of nursing home residents who have been temporarily hospitalized. The State affords displaced residents a readmission hearing as required by federal law, but does nothing to enforce the readmission orders issued by its officers. Because there is no consequence for doing so, many nursing homes refuse to re-admit long-term residents they have sent to hospitals to increase profits and make space for more lucrative short-term Medicare and private pay residents. As a result, these residents are warehoused in more expensive hospital beds, which causes “cruel and irreparable injury” to the residents and has cost Californians over $70 million in unnecessary hospitalization costs. The suit seeks an injunction to prohibit the State from continuing to violate federal law and other equitable relief. Matthew Borden is representing the plaintiffs, the non-profit California Advocates for Nursing Home Reform (CANHR) and three nursing home residents. 

BHB PRESENTATION ON LEGAL CHALLENGES OF FOOD LABELING AT PERRIN CONFERENCE
Noah Hagey recently spoke to a group of national thought leaders in litigation about class action trends and labeling risk for consumer product companies at the Perrin Conference in Washington, D.C. Noah's presentation, Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations, addressed the inclusion of seemingly benign, but often legally-challenging labeling terms like natural, fresh, healthy, and artisanal. He noted that while the use of those terms pose intrinsic risk, many viable alternatives exist. BHB has years of experience helping highly-branded food clients navigate potential labeling pitfalls. Visit the firm's blog, FoodFights for the latest on legal issues in branding, labeling and manufacturing food products.

BLOOMBERG RADIO FEATURES INTERVIEW WITH MATT BORDEN
Matthew Borden is interviewed on Bloomberg Radio about his impact litigation lawsuit on behalf of his client, former nursing home resident Aleah Davis. Listen to the interview:

FDA REQUESTS PUBLIC COMMENTS ON USE OF TERM 'NATURAL' ON FOOD LABELS
In Food Navigator, BHB discusses the FDA's request for public comments on the use of the term "natural" on food labels: "This is definitely big news, and should be welcome news to the food industry. It will likely put an end to the many class actions over 'natural' labeling — the same way many lawsuits over 'evaporated cane juice' labeling were dismissed on the basis of primary jurisdiction after the FDA asked for comments on that term."

PROVING CLASSWIDE DAMAGES IN CALIFORNIA POST-TOBACCO II
Law360's Expert Analysis recently featured an article by Noah Hagey and Matthew Borden about Tobacco II's false advertising class action litigation. The California Court of Appeal held that, in the absence of competent proof from plaintiffs, the trial court had no discretion to simply make up an amount of "restitution" for harm caused to plaintiffs by allegedly false advertising regarding the health effects of defendants' "light" cigarettes. As the article explains, the ruling has broad implications for the growing number of food and "Made in the USA" labeling cases that have inundated California courts in recent years: "If those experts were unable to establish a valid methodology for proving mislabeling damages against tobacco companies-who were alleged to have knowingly and falsely marketed cancer-causing products as safe for several decades-what realistic chance does a plaintiff have of proving damages in other false advertising cases where the consumer retains some benefit from a product, e.g., a snack food labeled as 'natural,' when it supposedly is not?"

BUSINESS BEWARE: A NEW CLASS OF CALIFORNIA SUPPLY CHAIN DISCLOSURE SUITS
The 2010 California Transparency in Supply Chains Act has created new risks for companies with more than $100 million in sales. Under the law, these companies are required to disclose the efforts they take to eradicate slavery and human trafficking from their supply chain. In their recent article in International Trade and Retail Law360, Noah Hagey discusses recent class actions that have been filed against food companies for alleged false representations under the law.

BHB SECURES DISMISSAL OF CLASS COMPLAINT AGAINST YELP
In September 2015, BHB secured a quick dismissal for Yelp and its online food delivery service, Eat24, in one of a number of recent high profile class actions attacking the shared economy and companies such as Uber and Lyft. Plaintiffs filed a class complaint in the Northern District of California challenging Eat24's business model. Eat24 is an online platform that allows users to order food and have it delivered by independent drivers. Plaintiffs claimed they made deliveries and did not receive tips paid by customers and that the drivers should be classified as employees. BHB learned, however, that Eat24 has no contract with Plaintiffs and did not retain any tips. These facts were pivotal to the case. Rather than pursue a typical motion to dismiss, BHB served a Rule 11 demand letter upon Plaintiffs' counsel and after several weeks of negotiation, Plaintiffs voluntarily dismissed the action.

FIRM SECURES DISMISSAL
Noah Hagey and Andrew Levine secured dismissal of New York litigation brought against private equity firm clients.

BHB PROTECTS CLIENT'S TRADEMARK FROM INFRINGING COMPETITOR
As part of its trademark practice, the firm protected a long-standing client's brand name from a would-be competitor's infringing tagline. After discovering that the competitor was using an infringing tagline in the market and had submitted a USPTO application which included the tagline, the firm promptly moved to protect our client's, SkinnyPop Popcorn, mark. Before suit was filed, the competitor agreed to amend its application and withdraw the infringing tagline from the market. BHB has obtained similar favorable and quick results for SkinnyPop against nearly a dozen would-be infringers, allowing our client exclusive dominion over the use of SKINNY-formative marks in its market. 

LABELING CLASS ACTION AND NON-GMO FALSE ADVERTISING CLAIM
BHB discussed the PopCorners "all-natural" labeling class action and commented on the legal implications of non-GMO false advertising claims as it relates to the Chipotle GMO lawsuit in Food Navigator. 

SUMMER 2015
 

NEW YORK WIN
Noah Hagey prevails in New York arbitration, obtaining injunction and monetary relief awards for highly branded food client against former executive.

BHB ADVISES ON RISKS OF EARLY-STAGE ANGEL INVESTING AT ASPEN INSTITUTE CONFERENCE
Noah Hagey led a workshop for international business and community leaders at Heathspottr's annual Aspen Institute retreat. The workshop explored litigation risks and tools for angel and early-stage VC investing. Healthspottr's annual conference at the Aspen Institute brings together over 150 health professionals, entrepreneurs, investors, business and thought leaders who are committed to healthcare transformation.

EMMY WIN FOR INVESTIGATIVE SEGMENT ABOUT BRAUNHAGEY & BORDEN IMPACT LITIGATION CASE
“Overmedicated and Misinformed,” KCET Media Group’s investigative piece featuring Matthew Borden and his client Aleah Davis has won an Emmy for best “Information Segment” in the Television Academy‘s 67th Los Angeles Area Emmy Awards. The piece explores impact litigation brought by BHB to stop the misuse of psychotropic drugs at 55 skilled nursing facilities in California.

VICTORY FOR INVESTMENT FUND CLIENT IN EXPEDITED $100-PLUS MILLION LP DISPUTE IN DELAWARE CHANCERY
The firm represented an investment vehicle of Strategic Value Partners (“SVP”) in litigation in Delaware Chancery Court to enjoin a $100-plus million recapitalization and third party acquisition. Over a four day period, the firm prepared and filed a verified complaint and application for a temporary restraining order and standstill. Opposing parties retained counsel from Paul Weiss and Quinn Emmanuel, including a former Delaware Vice-Chancellor. The case settled promptly in favor of SVP on favorable terms. 

CLASS ACTIONS: NOT IN BHB'S COURT
This summer the firm has dismissed and resolved six false advertising class action cases for several highly branded clients. BHB continues to be retrained in response to the growing wave of frivolous false advertising class action suits against personal care and food companies in California and around the country. In recent years, BHB has dismissed or favorably resolved over 40 class actions in courts around the country, and no class has ever been certified against any firm client.

WALL STREET JOURNAL FEATURES BHB INTELLECTUAL PROPERTY SUIT BY HEDGE FUND CLIENT ASHBURY HEIGHTS CAPITAL
As reported in the Wall Street Journal, firm client and investment management company Ashbury Heights Capital is pressing forward with claims regarding its patented trading technology. The defendants, which include publicly traded firm FactSet, contest the scope of damages and their licensing agreement with Ashbury Heights. BHB defeated the defendants' motion to compel arbitration and San Francisco Superior Court has permitted the matter to proceed. A trial date is set for September 2016.

ONE CLIENT'S ADVICE ON HOW TO HIRE A GREAT LITIGATION FIRM
How do sophisticated clients retain effective and value-added litigation counsel for complex disputes? In this article in Corporate Counsel, a prominent lawyer who has served as general counsel for publicly traded companies and acquisition targets provides his advice on retaining outside counsel with a five-point Hiring Checklist, using his relationship with BHB as an exemplar.

LONGTIME CLIENT VEGA EXITS FOR $500+ MILLION 
Longtime firm client Vega, makers of plant-based nutrition products, was recently acquired by WhiteWave foods. BHB served as the company's outside litigation and products liability counsel, and helped advise as part of the sale. Congratulations to Vega on joining Silk, So Delicious, Horizon Organic, and Earthbound Farm as part of WhiteWave's stable of wholesome food and beverage offerings. Read about the sale in Bloomberg Business.

MULTIMILLION-DOLLAR LITIGATION SETTLEMENT FOR PRIVATE EQUITY STARTUP
Obtained a substantial cash settlement and track record recognition for private equity firm and its principal in a dispute with a former hedge fund. The newly launched fund is in the process of raising a $100 million seed fund focused on energy sector investments. The firm has successfully represented numerous private equity and hedge funds in business divorce, carried interest, and track record disputes.

BHB'S NEWEST PARTNER - NY AND SF LITIGATOR ANDREW LEVINE
BHB is pleased to announce Andrew Levine's promotion to partner. Since joining the firm, Andrew has been an indispensable asset, strategically litigating on behalf of high profile clients in sectors including biotech, hedge fund, and international shipping.

BHB WIN FOR TECH COMPANY AGAINST SPAM TROLL
Obtained a confidential cash settlement for San Francisco-based social media client in response to CAN-SPAM and Computer Fraud and Abuse Act violations by an international advertising agency. The firm successfully prevailed on several rounds of motion practice challenging the Court's jurisdiction, leading to a favorable resolution.

BHB EARNS PRO BONO VICTORY IN STOPPING ELDER ABUSE
Halted the forced eviction of an elderly and severely ill nursing home patient. Federal and state laws forbid the eviction of nursing home residents due to the expiration of federal Medicare benefits or other change in payment method, but this has not stopped unscrupulous facilities from trying. Within hours of BHB's letter informing the facility of the illegality of its actions, the facility dropped its eviction plans.

NEW YORK ARBITRATION SUCCESS 
Obtained complete victory for its publicly traded client in a post-merger and acquisition business arbitration in New York. BHB is routinely asked to represent business in complex arbitration and litigation matters involving the aftermath of business acquisitions and separations.

SPRING 2015

BHB REPRESENTS KRAVE IN HERSHEY'S SALE
Represented KRAVE and its founder in connection with Hershey's high-profile acquisition of the Sonoma startup. BHB represented KRAVE on intellectual property and commercial matters as part of the sale process. 

PROFILE OF MANAGING PARTNER IN LAWDRAGON 
Lawdragon profiled firm Noah Hagey to shed some light on how the firm got started, his motivation as an attorney, and how he evolved into the litigator he is today.

NY COURT ALLOWS INVESTMENT SUIT TO PROCEED
BHB's investment fund client has prevailed in two actions in New York against a hedge fund manager and others accused of breaching fiduciary duties. BHB succeeded in dismissing claims against the client, and obtained a ruling permitting its affirmative case to proceed. BHB represents a diverse array of hedge fund, private equity, and other financial services firms in business and investment disputes in New York, California, and Delaware.

WINTER 2015

APPELLATE VICTORY FOR NONPROFIT
Prevailed on a state court appeal on behalf of nonprofit California Advocates for Nursing Home Reform (CANHR) upholding a trial court's refusal to compel arbitration. The victory is part of the firm's longstanding pro bono relationship with CANHR to prevent nursing homes from abusing their power over vulnerable residents.

SETTLEMENT FOR INVESTMENT ADVISOR
Obtained a pre-suit cash settlement in a business dispute between investment adviser client and an international broker-dealer.

FALL 2014

Obtained permanent injunction on behalf of highly-branded popcorn company in Illinois federal district court to prevent competing company's infringement of trade name.

Dismissed with prejudice false advertising class action against food client in San Francisco federal court. BHB has now dismissed or favorably settled over 20 consumer class actions without a class ever certified against any firm client.

Matt Borden spoke about arbitration issues at an elder law conference in Monterey and was featured in an eight-minute television segment about BHB's groundbreaking chemical restraint litigation.

Bill Campbell, BHB's resident insurance litigation guru, published two chapters in the 2014 update to the treatise California Liability Insurance Practice.

SUMMER 2014

Secured dismissal with prejudice of shareholder lawsuit brought by client's co-founder in Los Angeles federal district court.

Obtained cash settlement for inventor and business co-founder in connection with partnership dispute involving medical technology company.

Noah Hagey co-chaired the ACI Food and Beverage Conference's discussion of class action developments in food litigation in Chicago.

Noah Hagey and Andrew Levine explain impact of U.S. Supreme Court’s recent Halliburton decision in the Delaware Corporate Volume of the Westlaw Journal.

Noah Hagey comments on the impact of the U.S. Supreme Court's decision in Pom Wonderful v. Coca-Cola Co in Law360.

Defeated motion to compel arbitration of CAN-SPAM claims brought by social media client against a leading spam campaign organizer. The issue is now on appeal to the 9th Circuit.

Obtained favorable cash settlement for EFT trading client in business liquidation case pending in San Francisco state court.

Dismissed declaratory relief trademark suit brought by competing food company, and obtained stipulation by competitor to withdraw infringing trademark application.

Settled food company's contract litigation against its former marketing agency in Miami federal district court.

SPRING 2014

Secured pre-litigation trademark injunctions against several infringers of client trademarks.

Obtained 7-figure settlement in favor of a California food company in an unfair competition dispute.

Appointed lead counsel and obtained preliminary approval of a class settlement protecting thousands of elderly California victims of a nursing chain's misuse of psychotropic drugs. The settlement is the first of its kind and will provide unprecedented protections against chemical restraints in over 35 nursing facilities across the State.

Noah Hagey, Matt Borden and Bill Campbell were recognized as California SuperLawyers, a distinction awarded to less than 5% of California attorneys in 2014. The award supplements BHB's recognition as a Tier 1 "Best Law Firm" for commercial litigation firm by U.S. News & World Report.

BHB filed an amicus appellate brief in support of the non-profit, California Advocates for Nursing Home Reform, seeking to uphold State laws protecting millions of nursing home residents from unconscionable admissions agreements.

Settled Proposition 65 toxic tort litigation for a fraction of claimed damages.

Matt Borden spearheaded the firm's relationships with the Law Center to Prevent Gun Violence, California Advocates for Nursing Home Reform, and AARP.

Advised financial investors and creditors regarding litigation trust units in the ResCap bankruptcy and bondholder cram-down (up) concerns in TXU's burgeoning insolvency. 

WINTER 2013

U.S. News & World Report has ranked BraunHagey & Borden as a Tier 1 “Best Law Firm” for commercial litigation in its 2014 Law Firm Rankings edition.

Matt Borden spoke about impact litigation strategies for redressing misuse of psychotropic drugs at nursing facilities at CANHR's annual conference.

FALL 2013

Secured dismissal of six putative false advertising class actions seeking over $20 million in damages against a California food company.

In an international supplier dispute, BraunHagey & Borden procures a full dismissal with prejudice of contract, fraud and unfair competition claims against our client.

SUMMER 2013

California federal judge dismisses a false advertising class action suit against BraunHagey & Borden client Tetley USA Inc in Law360.

Secured sizable commercial settlement in litigation against publicly-traded defense contractor.

Resolved a $30-plus million toxic tort and personal injury action against the firm’s publicly traded technology client.

Noah Hagey and the Men’s USA Master’s Basketball team secure gold for Team USA at the 2013 Maccabi Games.

Won 8-figure resolution for hedge fund client and its managers in highly publicized fraud case. 

The Daily Journal, California’s leading daily legal newspaper, discusses BraunHagey & Borden’s rise as a litigation boutique powerhouse. The article explores the origins of the firm and includes interviews with firm clients, competitors and partners.

Noah Hagey selected to compete for the USA Men’s Master’s Basketball team in the Maccabi Games in Israel this summer. Mr. Hagey, who played D-III college basketball and baseball at Trinity University, is one of 12 players on the team, which is coached by 18-year NBA player and Syracuse legend Danny Schayes. The Maccabi Games is the second largest athletic event in the world (after the Olympics), featuring over 9,000 athletes from 71 countries. The opening ceremonies on July 18 are broadcast live on Israeli national television. For more information or to support Team USA, visit the organization’s website.

SPRING 2013

Achieved 7-figure settlement of qui tam case. Whistleblower action on behalf of government client successfully resolved regarding outsourcing of city security services.

Protected California elderly from illegal drugging and obtained a first-of-its kind settlement for class of California residents that includes a sweeping injunction to prevent overuse of psychotropic drugs in nursing facilities. The settlement is pending court approval in Los Angeles Superior Court.

Prevailed in obtaining final order barring all contribution and indemnity claims against law firm client in multi-million legal malpractice and insurance bad faith case.

Supreme Court of Delaware upholds Court of Chancery's 2012 ruling awarding more than $35 million in damages to BraunHagey & Borden clients in fraud and breach of fiduciary duty litigation.

WINTER 2013

Successfully represented America's Cup sailing team in maritime action. Read the initial media coverage of the suit at San Francisco Chronicle, CBS Bay Area and Trade Only Today.

FALL 2012

Represented former investor in Kentfield fund fraud; case profiled for Marin Independent Journal.

San Diego city officials are subpoenaed to testify in a BraunHagey & Borden whistleblower suit alleging that city help-desk services were outsourced in violation of "no offshoring" contract provision in The Daily Transcript and ABC 10News.

SUMMER 2012

The First District Court of Appeal rules that multi-state corporations doing business in California are paying too much income tax. Matthew Borden represented the Council on State Taxation, a Chamber of Commerce-affiliated organization that was one of several amici curiae in the case.

SPRING 2012

Clients awarded more than $35 million in damages by Delaware Court of Chancery, which ruled that their former business partner forged his track record in Futures, Reuters and Law360.

Initiated action against online gaming company for failure to pay an $18 million commission to its trademark developers for their comprehensive licensing strategy, as reported in Courthouse News.

Matthew Borden discussed U.S. District Judge William Alsup with Mercury News in advance of the Oracle v. Google trial in San Jose Mercury News.

Whistleblower suit alleges that a computer help desk violated its contract by outsourcing San Diego city operations to offshore call centers in Ten News San Diego, Reuters and HuffingtonPost.

Celebrated our three year anniversary with a party honoring City Hall Fellows founder Bethany Rubin Henderson. Bethany was named one of the 40 under 40 progressive political entrepreneurs by the New Leaders Council. Her San Francisco program won awards in 2011 from the National League of Cities and American City and County Magazine.

FALL 2011

Moved into new office space at 220 Sansome, taking over entire floor of historic Class A office building in San Francisco's financial district. The office is conveniently located across the street from the former Pacific Coast Stock Exchange and next to the International Mandarin Hotel.

Obtained significant auditor liability ruling, ordering claims to proceed against hedge fund's former accountants. 

SUMMER 2011

Elder abuse lawsuit against Country Villa nursing facility is covered by the Associated Press in Orange County Register and CBS News Los Angeles.

Noah Hagey featured on Bloomberg West television discussing potential SEC enforcement issues with Groupon’s pending IPO.

Following a two week federal trial in San Francisco, BHB obtained multi-million dollar settlement on eve of closing argument.

Noah Hagey featured on Bloomberg West television discussed securities law developments affecting Groupon’s filing for initial public offering.

SPRING 2011

Obtained favorable 6-figure settlement for engineering client in trade secret defamation lawsuit pending in San Francisco federal court.

FALL 2010

Dismissed counterclaim and sanctioned both opposing counsel and in-house counsel in highly-publicized trade secret action in San Francisco federal court in ABA Journal and National Law Journal.

SUMMER 2010

Successfully represented leading international architecture firm in design dispute over new Smithsonian African American History Museum in Washington, D.C.

Sponsored the 2010 Deathride, a 133 mile, 15,000 feet of climbing, single day bike race in California’s sierra mountains.

Advised on litigation risk in $90 million private equity transaction of health supplement company.

SPRING 2010

Secured favorable dismissal of $300 million Lanham Act unfair competition lawsuit brought in Tennessee federal court.

Overturned previously granted patent on the sale of memorabilia in baseball card packs. Case was won in the Federal Circuit on behalf of baseball card manufacturer Upper Deck.

WINTER 2010

Matt Borden joins BraunHagey. Matt was formerly associated with Morrison & Foerster in San Francisco and served as a law clerk to Hon. William Alsup of the U.S. District Court for the Northern District of California.

FALL 2009

Obtained favorable settlement of federal whistleblower claims against private equity firm client in premium beverage industry space.

Secured favorable dismissal and no-pay settlement of $20 million claim pending against client Snack Factory in New Jersey federal court.

Secured dismissal of twelve highly-publicized class actions against Pirate Brands (makers of Pirate’s Booty snacks) pending in federal and state court in Pennsylvania, Florida, New York, New Jersey and California.

SUMMER 2009

Won class certification dismissal of California class action against client Pirate Brands (makers of Pirate’s Booty snacks).

SPRING 2009

Firm founded by Noah (Braun) Hagey, formerly associated with Quinn Emanuel in New York and San Francisco.

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