RICHARD L. GROSSMAN

Richard L. Grossman The founder of Intelligent Justice is an experienced trial lawyer whose work over the past 25 years has concentrated primarily in the area of complex business litigation — and now alternative dispute resolution. His practice has included legal disputes covering a broad range of issues, including unfair competition, business fraud, antitrust, contract disputes, trade secret litigation, licensing disputes, class action litigation, real estate and construction disputes, computer performance, employment and intellectual property litigation. Mr. Grossman has appeared before federal and state courts at both the trial and appellate court levels. Formerly the chairman of his prominent law firm's litigation practice group, he now presides over its alternative dispute resolution and trade secret groups.

Concern over the extraordinary cost, delay and inefficiency of obtaining justice in the public court system motivated Mr. Grossman to seek better dispute resolution alternatives and ultimately led to the creation of Intelligent Justice. He has broad experience in arbitration and mediation procedures but he is especially passionate about the virtues of Intelligent Justice's comprehensive adjudication service which provides the most cost efficient path to a fully analyzed, thoughtful and just resolution of a legal dispute.

EDUCATION

J.D. 1979 Duke University School of Law, Durham, N.C.
Editor-in-Chief, Duke Legal Research Program
B.S. 1976 Northwestern University, Evanston, IL
Journalism

LAW PRACTICE

Townsend and Townsend and Crew, San Francisco, CA 1993-present
Khourie, Crew & Jaeger, San Francisco, CA 1986-1992
Farella, Braun & Martel, San Francisco, CA 1984-1986
Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH 1979-1984

RECENT PUBLICATION

Reinventing Justice Through Comprehensive Adjudication, Inside the Minds: Alternative Dispute Resolution Client Strategies, Aspatore Books, 2007.

SIGNIFICANT PUBLIC COURT CASES

Microsoft Antitrust Litigation — Multiple cases on behalf of the licensees of Microsoft's products and also on behalf of Microsoft's competitors for unlawful restraint of trade and unfair competition in the operating system, word processing and spreadsheet software markets.

Results:

  • Microsoft Cases I-V: $1.1 billion settlement on behalf of Microsoft's business and consumer licensees in California.
  • San Francisco v. Microsoft: $70 million settlement on behalf of Microsoft's government entity licensees in California.
  • Gordon v. Microsoft: $182 million settlement after 6 weeks of trial; co-counsel on behalf of Microsoft's business and consumer licensees in Minnesota.
  • Sun Microsystems v. Microsoft: $1.95 billion settlement; co-counsel on behalf of Sun.

Zeny Computer Systems v. Acer Inc. — Trial of $15.1 million claim against personal computer manufacturer client for alleged misappropriation of trade secrets.

Result: Directed verdict in favor of client on all claims at trial; affirmed on appeal

LMP Corporation v. Universal Mfg. Corporation — Seven month jury trial concerning fraudulent promise to use best efforts to commercially develop patented energy saving lighting technology.

Result: $96 million verdict in favor of clients; affirmed on appeal.

Chevron USA, Inc. v. Digital Equipment Corporation — Lawsuit for $32 million in damages on behalf of oil industry client against computer systems integration firm in connection with the failure of an extensive computer systems integration project.

Result: Favorable settlement for client. The settlement terms are confidential but the result was sufficiently favorable to merit payment of an attorney fee bonus by client.

Visa USA Indirect Purchaser Antitrust Cases — Co-counsel in defense of numerous consumer class action cases alleging anticompetitive practices in the credit card and debit card industries.

Result: All antitrust claims dismissed.

Chinese Hospital v. Brown & Toland — Claim arising out of exclusionary practices in the San Francisco health care market.

Result: Settlement forbidding exclusionary practices and providing client with all requested relief.

Intergraph Corp v. Intel Corp. — Co-counsel for plaintiff in prosecuting antitrust, patent, contract and tort claims against Intel.

Result: $450 million settlement for client

Bridgestone/Firestone, Inc. v. Oracle Corporation — Claim against computer software client for over $30 million asserting liability for a failed computer systems project.

Result: Breach of warranty, fraud and negligent misrepresentation claims against client were dismissed through motions to the court. Plaintiff dismissed all remaining claims against client without payment of any kind.

Gracie v. Gracie — Jury trial of trademark and associated unfair competition claims against client.

Result: Verdict in favor of client on all claims and on client's trademark counterclaim.

Bushnell v. Visual Information Service Corp. — Defense of $30 million claim for a 33 percent interest in the stock of high technology client arising out of alleged contractual arrangement with the client's ex-CEO.

Result: Summary judgment in favor of client.

Union Trust Bank v. TeleVideo Systems, Inc. — Defense of multimillion dollar claim against personal computer manufacturing client over failed Navy acquisition of 36,000 computers.

Result: Summary judgment in favor of client.

G&S Metals, Inc. v. Bonny Products, Inc. — Trial of trademark infringement claim against importer of kitchen utensils filed with the International Trade Commission.

Result: Verdict in favor of client.

BioContacts v. Coopervision — License dispute concerning patented contact lens technology developed by R&D client and licensed to the defendant. Conflict of interest counterclaim against individual client who served on the boards of directors of both parties.

Result: Summary judgment in favor of individual client on conflict of interest counterclaim. Corporate client's affirmative claim against licensee settled favorably during trial.

Palinkas v. Adjusters Auto Rental, Inc. — Trial of claim for unjust termination of employment.

Result: Directed verdict in favor of employer client during trial.

SIGNIFICANT APPELLATE WORK

Microsoft Cases I-V — Appeal of $1.1 billion settlement by class member objector.

Result: Fairness of settlement upheld on appeal.

LMP Corporation v. Universal Mfg. Corporation — Appeal of $96 million trial verdict to California Court of Appeal and subsequently to California Supreme Court.

Result: Verdict affirmed "without reservation".

H.B. Halicki v. United Artists Communications — Summary judgment in favor of client on Lanham Act unfair competition claim appealed to United States Circuit Court of Appeals, Ninth Circuit.

Result: Judgment affirmed in an appellate decision establishing that the Lanham Act unfair competition provisions only regulate practices between actual competitors.

Marietta Coal Co. v. Lindley — Decision of the Ohio Board of Tax Appeals denying a personal property tax exemption for pollution control equipment at a multimillion dollar coal processing operation appealed to the Ohio Supreme Court.

Result: Adverse decision reversed and tax exemption granted to client.

SIGNIFICANT ARBITRATIONS

ESI Corp. v. Lucero Corp. — Complex real estate and commercial leasing dispute arbitrated before three person panel of the American Arbitration Association.

Result: Arbitration decision in favor of client.

E.B. Katz Co. v. Heather Hill Nursing Home — Construction contract dispute arbitrated before three person panel of the American Arbitration Association.

Result: Arbitration award to contractor client.

COURT MEMBERSHIPS

  • State of California
  • United States District Court, Northern District of California
  • United States District Court, Central District of California
  • United States Court of Appeals for the Ninth Circuit
  • State of Ohio
  • United States District Court, Northern District of Ohio
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
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