Firm Seeks Bigger Share of Unfair Practices Business

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When Dan Forman joined labor and employment law firm Carothers DiSante & Freudenberger nearly six years ago, about 40 percent of his workload was composed of cases involving the misappropriation of trade secrets and allegations of unfair business practices. Today, he said they consume at least three-fourths of his time.

To keep up with the increased demand, his firm plans to launch an unfair competition and trade secret practice group later this month.

“By defining a practice group that is easily identifiable, it helps show clients we have an ability to provide what they need,” Forman said. “It also provides an internal support group, so everyone can keep each other up to date on developments in this area of law.”

Forman, a partner in the firm’s downtown L.A. office, one of five statewide, was tapped last month to lead the new practice group. He is reaching out to attorneys in each of the firm’s offices to fill out the rest of the group.

The move came as no surprise to Dale Giali, a partner at Mayer Brown who represents employers involved in similar disputes. The volume of cases filed under the state’s unfair competition law is at historically high levels, he said.

“Anybody can sue anybody for anything they feel is unfair or unlawful,” Giali said. “It’s difficult to get rid of these lawsuits early on and they’re expensive to defend. … It’s keeping a lot of litigators very busy.”

Much of Giali’s practice is devoted to businesses hit with allegations of false advertising and mislabeling products, which fall under the unfair business practices umbrella. A flurry of similar claims flooded courts shortly after French food producer Dannon Co. dished out about $45 million in 2010 to settle claims that its Activia yogurt brand was not clinically proved to regulate digestion.

“When something like that happens, it gets a lot of people’s attention,” Giali said. “The unfair competition law in California is broad and generalized. You can fit almost anything in and call it unfair competition.”

Forman said his firm’s new group will represent businesses operating in a wide range of industries.

“Because we are an employment litigation and counseling firm, there is a really unique cross-section between trade secret issues and employment issues,” he said.


Rocking Out

Five bands rocked the stage at Whisky a Go-Go in West Hollywood last week, and five more are set to perform March 13. But they are not your everyday rock stars pounding the guitar – they’re local lawyers.

Manhattan Beach non-profit Law Rocks Inc. was launched in 2012 to host a battle of the bands to benefit local charities. Five bands, all made up of attorneys, participated in the inaugural event, and because of its popularity, co-founder Ted Scott decided to make it an annual tradition.

“What we’re trying to do is provide a rock-star experience,” he said. “We want to give bands a decent set time, and we give them full sound checks, green rooms and things like that.”

Ten bands are slated to participate this year, prompting Scott to expand the contest to two nights for the first time. To participate, each group is supposed to raise money for a local charity of its choice. A panel of judges helps decide the overall winner of the contest, which determines how the pool of funds is allocated to each charity.

Bands raised about $45,000 the first year, and Scott said his goal is to donate at least $150,000 to charities from this year’s two nights in Los Angeles.

Law Rocks has since expanded to San Francisco, Boston and New York. This year, Scott also added events in Washington, D.C.; Philadelphia; and Austin, Texas.

In October, Scott intends to put on another battle of the bands in Los Angeles called Capital Rocks. Details are still in the works, but he plans to invite investment bankers and other finance professionals to bring their musical talents to the stage.

News & Notes

Greenberg Traurig promoted Nina D. Boyajian, Lori Chang and Candice E. Kim to shareholders last month in the firm’s Century City office. … Intellectual property law firm Knobbe Martens Olson & Bear hired Jonathan Losk as partner last month in the firm’s Century City office. … After leaving Leader & Berkon 22 years ago, attorney Arthur Willner returned to the firm’s downtown L.A. office last month. … Litigator Linda Smith joined the Century City office of DLA Piper this month as partner.

Staff reporter Cale Ottens can be reached at [email protected] or (323) 549-5225, ext. 221.

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