John J. Camozzi

Sometimes a business may find itself in an an unfamiliar position of growth or of transition into a challenging new phase of the business or product life-cycle.  John holds an MBA in international management with an emphasis in banking and has been called upon by his clients to provide leadership to create and preserve shareholder wealth while helping the ownership and management teams grow into the company.  His business experience includes:

  • President of technology driven industrial materials handling equipment company managing growth from startup to $15M in two-years and $50M in four-years.
  • President of industrial sales company responsible for the wholesale trading of industrial equipment, recovered recyclable industrial metals and precious metals.
  • President of corporate aircraft holding company responsible for fleet of business jets including acquisition, acquisition financing, FAA registrations and compliance, dry leasing, time-share leasing, flight log audits, tax reporting and audits, pilot and maintenance crews, hangar leasing and jet engine maintenance service plans.
  • Board member appointed by technology partner in multiple joint venture operating partnerships with public companies and private equity firms in automobile and electronic scrap recycling and landfill reclamation projects.
  • Interim Chair of cash-flow insolvent party-plan merchandising company in managing the company through a liquidity event to protect over 8,500 jobs across the United States and Canada, conducting the acquisition transaction, winding up all international operations, and returning capital to the shareholders on dissolution.

BAY VENTURE LAW:

Bay Venture Law builds and grows privately held companies. We focus on the business and legal affairs of early stage, growth and middle market companies with an emphasis on complex business transactions in the fields of industrial recycling, clean energy and disruptive technologies. We understand the nuanced interrelationships of ownership, finance, management and operations. Our unique combination of business and legal expertise enables us to build lasting relationships, manage risk and create wealth.

 

Jessica Staheli

Jessica Staheli is Executive Vice President of Scherzer International (SI), which has been providing specialized background reports since 1993. Jessica has over fifteen years of experience in background due-diligence and oversees SI’s business development and account management. Jessica serves on SI’s board of directors and is committed to partnering with clients to ensure that they receive the highest quality of service and information.

SI helps clients manage their risk with background reports for employment screening, business transactions and client acceptance. We offer a portfolio of scalable and customized reports for business transactions, client acceptance, employment and regulatory compliance. With a global scope of resources, SI works with clients all over the world to provide the best information available.

Our global client base covers a wide variety of industries including:

-Law Firms
-Asset Management
-Commercial Banks
-Investment Banks
-Asset Based Lenders
-Private Equity Funds
-Accounting Firms

Scherzer International’s core philosophy is to deliver an outstanding report and client experience to every client we partner with. We distinguish ourselves as an industry leader through the following:

-Proven Research and Quality-Control Procedures
-Easy to Read, Actionable Reports with Executive Summaries
-Data Security and Information Privacy
-Exceptional service, including immediate alerts and individualized daily progress updates
-Transaction-Specific Expertise including loans, investments, employment, and client acceptance

FIRM DESCRIPTION

Scherzer International (SI) has been providing specialized background screening reports since 1993. Our global clients include commercial and investment banks, private equity funds, and many of the largest law and public accounting firms in the world. With a distinct portfolio of scalable, purpose-specific reports for business transaction due diligence, client acceptance or continuation, employment and regulatory compliance, our services have proven essential for informed decisions and sustainable risk-management.

Hands-on involvement by all company executives, including SI founder and CEO, Larry Scherzer, bring together top-level experience from public accounting, banking, due diligence, insurance, technology and human resource sectors.

Robert Freitas

Bob Freitas is a founding partner of Freitas Angell & Weinberg LLP. Bob was a partner in the Antitrust, Intellectual Property, and Litigation practice groups of Orrick, Herrington & Sutcliffe LLP from 1984 to 2011. He is a versatile trial lawyer who focuses his practice on antitrust and competition counseling and litigation, intellectual property litigation, representation of policyholders in insurance coverage claims and litigation, and complex litigation for technology companies.

Bob is listed in The Best Lawyers in America© in Patent Law.

He is a member of the Executive Committee of the Antitrust and Unfair Competition Law Section of the State Bar of California.

Bob’s notable representations include the following:

  • In re TFT-LCD (Flat Panel) Antitrust Litigation. Bob represented HannStar Display Corporation in a multidistrict price fixing proceeding in the Northern District of California. His work included representation of HannStar, which pleaded guilty to price fixing in a related criminal case, in a lengthy jury trial against Best Buy Co. and affiliates. The jury awarded less than 1% of the $770,000,000 in single damages sought by the plaintiffs.
  • Rambus Inc. v. Hynix Semiconductor, Inc., et al. Bob represented Nanya Technology Corporation and Nanya Technology Corporation USA in a patent infringement case in which Rambus asserted memory technology patents against features incorporated in JEDEC-standard DRAM. His work included representation of Nanya and Nanya USA in a Sherman Act Section 2 trial based on Rambus’s assertion of standard essential patents.
  • Dragon Intellectual Property, LLC. Bob represents Dragon Intellectual Property, LLC, in patent infringement litigation involving DVR technology.
  • B.E. Technology, L.L.C. Bob represents B.E. Technology, L.L.C. in patent infringement litigation involving targeted advertising.
  • National Union Fire Insurance Company of Pittsburgh, PA v. Seagate Technology LLC. Bob obtained a defense for Seagate in an insurance coverage dispute arising out of the patent infringement lawsuit that resulted in the Federal Circuit’s landmark decision in In re Seagate Technology, 497 F.3d 1360 (Fed. Cir. 2007).
  • In re DRAM Antitrust Litigation. Bob represented Nanya and Nanya USA in a multidistrict price fixing proceeding in the Northern District of California. He won summary judgment for Nanya Technology Corporation in the direct purchaser class actions.
  • European Commission DRAM Investigation. Bob also represented Nanya and Nanya USA in the European Commission DRAM price fixing investigation. The DRAM investigation included the Commission’s first use of the 2008 regulation on settlements in cartel cases.
  • Confidential Representation of Technology Company. Bob won a unanimous award, including a finding of insurance bad faith, in an international arbitration proceeding.
  • ABB Power T&D Company v. Alstom ESCA Corporation. Bob obtained a defense verdict in a four-week trade secret, copyright, and Lanham Act jury trial.
  • United Computer Systems v. AT&T Corporation and Lucent Technologies.Bob defeated a $6,000,000,000 lost profits damages arbitration claim in a software license dispute.
  • California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U.S. 97 (1980). Bob was second chair for the prevailing respondent in the leading United States Supreme Court case on the antitrust state action doctrine.

Select Publications and Speaking Engagements

  • 23rd Annual Golden State Antitrust and Unfair Competition Law Institute, Big Stakes Trials, October 24, 2013
  • The U.S. Patent Landscape in 2013: An Appraisal and Practice Guide, Joinder and Venue Issues, Santa Clara County Bar Association High Technology and Business Law/Litigation Sections, September 20, 2013
  • Patent Monetization Strategies for Taiwan Companies, Taiwan Technology Industry Legal Officers Association, Taipei, Taiwan, May 24, 2013
  • Nine Patent Licensing No-Nos, No-Nos 4-6, Licensing Executives Society (USA and Canada), March 13, 2013
  • Current Trends and Issues in Antitrust Litigation 2010, Effective Trial Presentation of Antitrust Issues, Practicing Law Institute, 2010
  • Co-Author, Understanding The Objective Prong In Seagate, IP Law 360, 2009
  • Patent Litigation 2008, Proving Damages and Issues to Consider in Pursuing and Defending the Damages Case, Practicing Law Institute, San Francisco, 2008
  • Intellectual Property Law, Patent Cases in the Supreme Court, Practicing Law Institute, 2006
  • Contributing Editor, Collaborative Ventures, Proof of Conspiracy Under Federal Antitrust Laws, Second Edition, American Bar Association (forthcoming)
  • Contributing Author, Vertical Restraints of Trade, Antitrust Law Developments (Seventh), American Bar Association
  • Contributing Editor, Cartwright Act, California Antitrust Law, Third Edition
  • Contributing Editor, Intellectual Property and Antitrust Law, Cartwright Act, California Antitrust Law, Second Edition

FIRM DESCRIPTION

Freitas & Weinberg LLP is a Silicon Valley law firm established in 2011 by former partners of Orrick, Herrington & Sutcliffe LLP. We are high quality, service-oriented lawyers with an entrepreneurial approach to our business. Our experience and focus make us quick and decisive. We are not burdened by layers of management or unnecessary overhead. We offer efficient and flexible fee arrangements, and selectively represent clients on a contingent fee basis.

We are ready to meet any challenge, as shown by our unprecedented trial win in the Best Buy TFT-LCD antitrust litigation.

Stephen A. Malley

Stephen A. Malley has for over 40 years specialized in the areas of international business, tax and finance, captive insurance structures, transnational estate, tax, and asset protection planning, and pre-immigration and expatriation planning. Mr. Malley’s practice includes domestic and foreign licensing of intellectual property, and the formation of captive liability insurance companies.

Clients include:

  • U.S. companies with foreign operations
  • U.S. citizens conducting business and investing overseas
  • Foreign individuals and businesses dealing with U.S. taxation issues

Professional Associations:

  • California State Bar, International Law Section
  • Advisor to Executive Committee
  • State Bar of California
  • LA County Bar – Member: Business, Tax and International Sections
  • International Bar Association
  • Offshore Institute
  • Asian Business League
  • Center for International Legal Studies
  • Society for Trust and Estate Planners
  • Provisors

Areas of Practice:

Stephen A. Malley offers specialized and experienced counsel in U.S. and International tax and business planning, transnational business structures, international licensing, pre-immigration tax planning and estate planning for U.S. individuals and families with foreign interests and for foreign families with U.S. beneficiaries or U.S. based assets.

UNITED STATES AND INTERNATIONAL TAX AND BUSINESS TRANSACTIONS

Individuals or companies with international assets and /or business interests must consider not only the applicable laws of each Country, but also the tax implications of both the U.S. and relevant foreign jurisdictions. Tax rates on dividends, interest, and royalties are often determined by tax treaties. While “treaty shopping” is discouraged by the terms of many tax treaties, careful planning might take advantage of the most favorable tax treaties. The application of tax credits is often complex . Mr. Malley represents individuals and business entities engaged in domestic and international commerce. Of primary importance is planning to achieve the desired business purposes, taking into consideration foreign law and business practices.

Mr. Malley assists non-U.S. clients in planning for U.S. legal, regulatory, and tax issues, and US clients in their business transactions and arrangements overseas.

Failure to comply with foreign and domestic legal and tax obligations can result in serious problems.

LICENSING AND SALE OF TRADEMARKS, PATENTS, COPYRIGHTS AND COMPUTER SOFTWARE

U.S. tax law imposes strict guidelines of the transfer of intellectual property but it is often possible to minimize or defer U.S. tax exposure in connection with overseas licensing. Many but not all tax treaties limit the withholding tax on royalty payments, both into and out of the U.S. Joint development of IP with a foreign partner or subsidiary is also subject to IRS rules and regulations, and these do change from time to time. Foreign licensors into the U.S. must consider the tax implications in all relevant jurisdictions to maximize returns. Business issues, such as control and payment, need careful analysis and consideration of applicable business practices, currency controls and exchange rates.

TRANSACTIONAL ESTATE AND TAX PLANNING

Estate planning often involves consideration of Estate, gift and income taxes. US persons with overseas assets, and foreigners with US assets, require specialized professional advice to avoid negative tax and probate issues. U.S. taxpayers with foreign spouses are particularly vulnerable to negative tax consequences absent appropriate planning. The U.S. estate tax regime is in flux, and the tax exemption amount for 2013 is in doubt.

Foreign persons with U.S. assets can be subject to U.S. gift tax, and, on death, to U.S. estate tax, and this comes often as an unpleasant surprise. The U.S. tax code provides guidance on what types of assets are “sited” in the U.S. for gift and estate tax purposes. Often, it is advantageous for a foreigner to hold U.S.based assets in an offshore entity, for example in a Trust or corporation, as best determined by the foreigner’s own or selected jurisdiction. The use of U.S. tax free offshore private placement life insurance may be very advantageous in the right circumstances.

Foreign families with U.S. beneficiaries can achieve tax minimization and/or control with proper planning.

ASSET PRESERVATION PLANNING

Mr. Malley provides transnational estate, tax and asset protection planning for United States citizens and for foreign nationals. Asset protection should be considered in any estate plan. There are many planning opportunities to achieve this protection, depending on factors such as the extent and location of assets, and the individual’s family arrangements, beneficiaries, and other planning goals, which may include privacy and anonymity. Asset protection should be part of any estate planning whenever significant assets are involved.

In the U.S., fraudulent conveyance laws (not discussed here in detail) must be considered whenever there exists a known creditor, any transfer of ownership of assets, including to a domestic or offshore irrevocable trust, might be deemed by a court to be a fraudulent conveyance which can be “set aside” for the benefit of a judgment creditor. However, the Transfer of assets in such circumstance may not automatically constitute a “fraudulent conveyance” but careful analysis is required. In such circumstances, there are arrangements which can be made to lawfully protect assets, including the use of limited liability companies in beneficial jurisdictions and possibly private placement life insurance.

Asset protection planning undertaken before there is a creditor issue offers many more options. For example, the use of “family” limited partnerships or limited liability companies can be appropriate; and irrevocable trusts domiciled in certain States can allow the settlor of the trust to be a discretionary beneficiary and still protect the trust assets from creditors (not the case in California.).

On-shore and offshore holding companies are of use in certain circumstances.

Private placement life insurance can be structured to provide substantial asset protection while also affording access to the funds through tax free loans from the policy. Offshore insurance companies offer more flexible terms, but the policies in any case should be made U.S. compliant, to earn U.S. tax free.

The ultimate forms used to protect assets will be determined by relevant facts, estate and tax planning objectives, and the particular wishes of the individual.

PRE-IMMIGRATION TAX PLANNING

Persons immigrating to the U.S., either permanently or for temporary employment, will be subject to tax on world- wide income. Depending on circumstances, planning before arriving in the U.S. can minimize exposure to U.S. income and estate tax; there is a minimal estate tax exemption for estates which pass to non-Citizens.

Douglas N. Cogen

Doug Cogen concentrates his practice on mergers and acquisitions, strategic and commercial transactions, corporate counseling and financings. His practice also includes advising publicly traded and privately held companies with respect to corporate, securities, commercial and intellectual property licensing matters generally. He serves as a member of the firm’s Executive Committee.

Doug’s transactional experience includes over $95 billion of completed mergers, acquisitions and divestitures including cross-border transactions in the networking, software, life sciences, medical devices, telecommunications, semiconductor, internet, computer hardware and consumer products industries; public company tender offers; and private placements of equity and debt securities. Doug also counsels companies on corporate governance matters, takeover defenses and strategic partnering arrangements.

Doug received his B.A., magna cum laude, with Academic Honors, in architecture and society from Brown University, where he was elected Phi Beta Kappa. He attended the University of Michigan Law School, receiving his J.D. cum laude. Doug has also served as Director of Intergovernmental Relations for the New York City Planning Commission. Doug has lectured on transactional law at Columbia University Law School, Stanford University Law School and the Stanford Graduate School of Business. He is a member of the state bars of California and New York.​

The M&A Law Practice:

Fenwick & West is one of the premier technology mergers and acquisitions practices in the nation, recently ranked by Bloomberg as one of the Top 10 M&A legal advisors in the U.S. – across all industries.

Our M&A group provides customized transaction services to meet each client’s unique business needs, communications preferences and technology infrastructure requirements. We have an extensive group of experienced attorneys available for deals of any size and complexity. ​Our team includes attorneys specializing in technology transactions, patents and IP litigation. In addition, our attorneys have a broad range of expertise in domestic and international tax issues.

In recent years, the firm has completed more than $400 billion worth of transactions, including significant acquisition programs for leading serial acquirers.

Fenwick & West:

For more than four decades, Fenwick & West has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.

Having worked alongside such progressive and cutting edge companies for so long, our culture has come to reflect the entrepreneurial spirit of our client base. Unlike traditional law firms, we move at our clients’ speed and have earned the reputation as a go-to law firm for growing companies that need insightful, strategic counsel to help tackle the challenging issues that arise when the law cannot keep up with their pace of innovation.

With the same passion for excellence and innovation reflected in our client base, our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes. Our clients demand—and deserve—new ways to receive best-in-class legal services more effectively. At Fenwick, we are proud to be shaping our legal services to do just that.​​

Mark O. Morris

Mark Morris is counsel in the Los Angeles office of Latham & Watkins. He is a member of the firm’s Finance Department.

Mr. Morris represents private equity sponsors, public companies and alternative debt providers on cross-border and domestic leveraged financings, asset-based financings, senior secured lending and complex restructurings.

Mr. Morris previously practiced in the firm’s Dubai office, as well as at an international magic circle firm in Paris and London.

The Islamic Finance Law Practice:

Latham’s global Islamic finance lawyers have extensive Islamic finance experience across the core practice areas of banking, project finance, capital markets, restructuring, mergers and acquisitions (M&A), investment funds and dispute resolution. The firm’s lawyers advise corporations, governments, banks, sponsors, export credit agencies, investment funds and other investors on Shari’ah-compliant transactions in the Middle East, Europe, United States and Asia.

Latham lawyers have a reputation for innovation and have been involved in the development of ground-breaking Islamic finance transactions globally. Recognized in the leading directories as world-class practitioners in the Islamic finance field, the firm’s lawyers regularly participate and host Islamic finance workshops and conferences and have authored articles and books on topical issues in Islamic finance. Most recently, Latham lawyers published The Sukuk Handbook: A Guide to Structuring Sukuk, and Latham’s Dubai and London-based partner, Craig Nethercott, co-edited and contributed to Islamic Finance Law and Practice, a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions, published by the Oxford University Press.

The practice has a broad geographic reach with experienced Islamic finance lawyers located in the Middle East and other offices, including London, New York, Chicago, Los Angeles, Hong Kong and Singapore.

Latham & Watkins:

Latham & Watkins is a global law firm with more than 2,200 lawyers in its offices located in Asia, Europe, the Middle East and the United States. The firm has internationally recognized practices in a wide spectrum of transactional, litigation, corporate and regulatory areas. Our success is grounded in our devotion to the collaborative process, which reaches across global offices and practices and draws upon our deep subject matter expertise, an abiding commitment to teamwork and a powerful tradition of creative lawyering.

John Palley

John Palley has been an attorney since 1994 and is a Certified Specialist in Estate Planning, Trust and Probate law as determined by the State Bar of California Board of Legal Specialization. Additionally, his reputation among local attorneys and judges has earned him Martindale-Hubbell’s prestigious “AV” peer review rating, signifying preeminent legal ability and the highest ethical standards.

John has been selected as a “Super Lawyer” by Super Lawyers of Northern California. John was selected as the “Best Attorney” by the Roseville Press Tribune in 2015. John has received the prestigious “10.0” rating from AVVO.com and is “Lead Counsel Rated” from lawinfo.com which is their highest rating.

John is also a past probate and estate planning “expert” for the Sacramento Bee. John has taught classes for UC Davis Extension and National Business Institute on probate and estate planning. John dedicates his entire law practice to estate planning, trust, and probate law and has been doing that since he became a lawyer in 1994.

The Estate & Trust Law Practice:

We counsel clients in planning their estates in a manner which effectively minimizes their income, gift, estate and generation-skipping tax liabilities. Additionally, our sophisticated trusts and estates practice regularly counsels individuals, families, and business owners on tax issues relating to wealth preservation, asset protection and management. Because our firm regularly advises business entities such as corporations, partnerships, LLCs and joint ventures, we are able to design and implement buy-sell and stock restriction agreements, and advise on other strategies which can be used to fund those buy-outs.

We help individuals and business entities of various sizes arrange their estate planning affairs. Such projects can vary widely, ranging from wealth transfers and multi-generational planning to corporate recapitalizations which may affect or facilitate business founder buy-outs. Our trust and estates attorneys provide a high level of sophistication and expertise; a number of our attorneys are Certified Specialists in Estate Planning and Probate law. Our firm, no matter the size of the estate, remains focused on providing our clients individualized attention.

Our firm advises clients on financial, retirement and personal planning matters, including wills, living trusts, and powers of attorney; estate planning and administration; estate litigation; preparation of revocable and irrevocable trust agreement to hold life insurance, personal residences, and other assets; establishment of conservatorships and guardianships, business continuity planning, charitable giving, preparation of buy-sell agreements for closely-held business entities, and the formation of family limited partnerships, and limited liability companies.

Meissner Joseph & Palley:

Our firm was established in 1979 and focuses in the areas of business, estate planning, real estate, probate and the related tax aspects. We have a team of experienced professionals with a high degree of integrity and work ethic. We pride ourselves on providing responsive service in a cost effective manner. The firm has earned the highest possible rating in Martindale-Hubble.

Many of our clients have been with the firm for most of its 30 years. Our effort to earn the respect of clients has grown the firm over the years to in excess of 10,000 clients.

Harold M. Brody

Hal Brody is a partner in the Labor & Employment Law Department. His practice is characterized by its diversity and he has represented employers in virtually every facet of labor and employment law.

For over 25 years, Hal has represented employers in almost every conceivable forum. He has appeared before the National Labor Relations Board in connection with union organizing campaigns and unfair labor practice charges. He has handled numerous labor arbitrations. He has appeared before the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing on a broad range of employment discrimination matters, and he has practiced before the California Division of Labor Standards Enforcement and the United States Department of Labor on a wide variety of wage and hour issues. Although very much a labor generalist, over the past several years, Hal’s practice has focused on employment litigation.

He has appeared before trial and appellate courts throughout California, successfully representing employers in such matters as wrongful discharge, sexual harassment, ERISA, wage and hour, and employment discrimination lawsuits. The diversity of Hal’s practice can be gauged by the range of employers he has represented in such litigations: financial institutions; museums; hospitals; airlines; retailers; newspapers; food processors and distributors; theme parks; publishers; and television and motion picture companies.

The Employment Law Practice:

We have a deep, nuanced understanding of California employment law, and we know how California’s unique laws impact our clients’ daily operations. We devise creative solutions and are able to quickly adjust to the shifting California legal and regulatory landscape.

The group handles lawsuits in state and federal court, wage and hour class actions, arbitrations and administrative agency complaints. We provide preventive counseling as well as workforce and management training, and customized compliance solutions for the unique challenges that arise in California. Indeed, our regional experience, coupled with our international platform, positions us as the go-to California labor and employment practice for clients headquartered all over the world.

Proskauer Rose LLP:

The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. With one of the largest global client rosters, you can be confident you will be in good company and represented by the best minds in the business.

725 strong, our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.

Business savvy and market driven, our intellectual capital drives success. We are proud of our many achievements across a full spectrum of transactional and contentious practices. We secure victories, help build businesses and set precedents.

Proskauer was founded on the same bedrock values that hold true today. Hard work, mutual respect, cooperation, integrity and an unwavering dedication to client service are as integral now as when our doors first opened in 1875.

Mark Schreiber

Mark P. Schreiber represents technology clients in business, litigation, and regulatory matters. He regularly appears in state and federal courts and before the California Public Utilities Commission and the Federal Communications Commission. 

He also assists clients in matters before the Nevada Public Utilities Commission, the Justice Department, the Federal Energy Regulatory Commission, and other administrative agencies. 

A significant portion of his practice today includes representation of telecommunications companies in proceedings related to implementation of the Telecommunications Act of 1996 and the California Environmental Quality Act, eminent domain cases, general rate cases, complaint and enforcement proceedings, service applications, interconnection disputes, and other administrative matters. 

He also advises the firm’s clients about intellectual property and Internet law issues, and business and transactional matters subject to regulatory requirements. From time to time, he presents programs about recent developments in telecommunications regulation and technology law. 

As an example of the breadth of his practice, Mr. Schreiber has supervised international regulatory compliance projects for the firm’s technology clients with particular attention to product safety and telecommunications requirements in Canada, Mexico, Asia, South America and the European Economic Community. 

A trained mediator, Mr. Schreiber has resolved numerous disputes involving real estate, contract, copyright, personal injury, trademark, and property damage matters as well as serving as an arbitrator in fee dispute matters for the State Bar of California, the Bar Association of San Francisco, and the San Mateo County Bar Association. 

He has also been appointed as an arbitrator and a settlement attorney for the San Francisco Superior Court. 

Mr. Schreiber is admitted to practice in the states of California and Nevada, and is an inactive member of the District of Columbia Bar. 

He is a member of the Federal Bar Association, the California Conference of Public Utility Counsel, the Bar Association of San Francisco, the San Mateo County Bar Association, the Mediation Society, the Association of Professional Responsibility Lawyers, and the Northern California Chapter of the U.S. Green Building Council. 

He also provides volunteer services in various capacities in civil and criminal matters before the San Francisco Superior Court and the United States District Court for the Northern District of California. 

Mr. Schreiber is a member of the Committee on Mandatory Fee Arbitration of the State Bar of California, currently serving as its Vice Chair. 

He has also served on the Redistricting Task Force for the City and County of San Francisco as an appointee of the Elections Commission to examine the boundaries of the City’s voting districts in light of the results of the 2010 census, the State Bar of California Committee on Professional Liability Insurance, and the San Francisco Civil Grand Jury.

Mr. Schreiber received his J.D. degree magna cum laude from the University of San Francisco in 1984. He joined Cooper, White & Cooper LLP in 1988 after working as a regulatory attorney for Pacific Bell in San Francisco. 

He holds a LEED Green Associate credential from the Green Building Certification Institute. He is also personally licensed as a California Real Estate Broker (not affiliated with Cooper, White & Cooper LLP).

 

Eric R. Havian

Eric R. Havian is a partner in the San Francisco office of Constantine Cannon LLP. He has extensive experience representing whistleblowers in qui tam lawsuits. He has also represented numerous local governments in False Claims Act matters, including the County of Los Angeles and the City of San Francisco. 

In 2010 California Lawyer Magazine named Mr. Havian a “California Lawyer of the Year.” In 2008 the National Law Journal named him as one of the Top 10 “Winning” Attorneys in the nation. 

He has been selected as one of the top 500 lawyers in America by Lawdragon and one of the top lawyers in Northern California by Superlawyers from 2005 through 2016. He was named to “Who’s Who in America” for 2014 and named by Corporate International as a “Global Awards Winner 2017 for Whistleblower Lawyer of the Year in California.”

Mr. Havian was lead counsel for the relator in a case that concluded in 2014 with the largest stand-alone kickback settlement ever, $400 million, against one of the largest dialysis companies in the country, DaVita. The case accused DaVita of paying kickbacks to doctors around the nation in exchange for patient referrals to DaVita clinics. 

He also led a 2009 action that resulted in the largest settlement ever paid by a defense contractor in a whistleblower case, $325 million, against Northrop Grumman for selling defective components for government satellites. 

In 2007 he was lead counsel representing a whistleblower and several schools and other public agencies, in a trial that resulted in a $225 million verdict against an electric utility for overcharging its government customers. 

He also represented a whistleblower and dozens of public agencies as lead counsel in a 13-year litigation that resulted in the 2009 payment of $90 million by companies selling high-lead waterworks parts to California municipalities. That case also resulted in several groundbreaking appellate decisions favoring whistleblowers. 

In 2013 Mr. Havian was lead counsel representing a whistleblower, several states, and numerous municipalities in a two-month jury trial, which resulted in a verdict that the largest PVC pipe manufacturer in the world had defrauded its customers over a ten-year period.

He is currently one of the lead attorneys representing a whistleblower in a suit against UnitedHealth Group involving allegations the company knowingly obtained inflated risk adjustment payments based on untruthful and inaccurate information about the health status of beneficiaries enrolled in UnitedHealth Group’s Medicare Advantage Plans.

Mr. Havian is a frequent speaker at conferences on the False Claims Act and qui tam lawsuits. 

He also has published articles about whistleblowing and government contract fraud as well as how the False Claims Act applies to fraud in the environmental field. He was actively involved in the legislation to enact a whistleblower law for securities law violations, and has written several published articles on the subject. 

Mr. Havian graduated cum laude in 1981 from Harvard Law School, where he was an oralist for the team that won the Ames Moot Court Competition. He was an Assistant United States Attorney in the Criminal Division of the U.S. Attorney’s Office in San Francisco from 1987 through 1994. In 1994, he opened the San Francisco office of Phillips & Cohen. 

He joined Constantine Cannon in March 2015. Mr. Havian has taught fraud seminars at Stanford Law School and the University of California School of Law (Boalt Hall). 

He is a former co-chair of the American Bar Association Health Law Litigation Committee.