Jeanne A.
Fugate

Trade Secrets and Non-Compete Matters

Defeated an application for preliminary injunction to prohibit an executive from competing against a former employer for a health care client

Defeated an application for a TRO based on theft of trade secret claim for a health care client

Obtained a TRO to require defendant to honor choice-of-law and forum-selection provisions in a former executive’s employment agreement

Defeated a preliminary injunction to prevent competitor company from recruiting, soliciting and hiring plaintiff company’s employees

Obtained a $6.15 million jury verdict for a leading aircraft supply company after a three-week trial on trade secret misappropriation and other tort claims against a former employee and other competitors

Successfully defending a former pharmaceutical executive from claims of trade secret misappropriation, defeating a preliminary injunction

Defended former employees against an internet affiliate company seeking to enforce noncompete agreement. Obtained a writ of supersedeas blocking enforcement of preliminary injunction, motivating settlement

Business and Securities Disputes

Represented start-up technology company in lawsuit against component manufacturer alleging $200 million in damages; after serving as lead trial counsel in a two-week trial, obtained a favorable resolution on the eve of post-trial motion briefing

Represented health care company in founders’ dispute; after defeating plaintiff-founders’ TRO application and successfully moving the case into arbitration, the case resolved

Represented former Countrywide president in multidistrict litigation arising from mortgage-backed securities. Obtained the dismissal, with prejudice, of a number of lawsuits at the motion-to-dismiss stage

Successfully recovered nearly 100 percent of the losses suffered by 23 victims of a Ponzi scheme run through a brokerage firm. Since 2009, Jeanne has represented a group of 23 plaintiffs who were victims of a Ponzi scheme. In 2015, she obtained a favorable settlement from a national brokerage firm in the days before trial. Most recently, she sought and obtained default judgments of more than $3 million for our clients

Obtained a directed verdict for a registered financial company after a five-day jury trial on a fraud claim arising out of an investment loss

Handled a class action on behalf of investors who lost money in a complex Ponzi scheme, obtaining more than $17 million in settlements with two major financial institutions and an accounting firm that were alleged to have aided the operators of the financial scheme

In a corporate embezzlement case against a former employee, successfully recovered approximately $1 million for the client in less than one week

Employment Matters

On the team that conducted an independent investigation into allegations of abuse and sexual misconduct in the National Women’s Soccer League, as commissioned by the U.S. Soccer Foundation. The report concluded that owners and coaches at all levels of the NWSL had turned a blind eye toward years of reports of abuse from players. Jeanne led the team investigating the role of SafeSport, the group tasked with handling certain player complaints

Represented six individual defendants in a lawsuit alleging breach of employment obligations and breach of the duty to act fairly and honestly under Russian employment law, seeking $670 million. The court granted dismissal with prejudice. Jeanne’s clients were awarded almost $600,000 in attorneys’ fees.

Preserved a settlement agreement in a suitable seating PAGA action against a major retailer, defeating a motion for sanctions

Secured the dismissal of a suitable seating action against major retailer.

Successfully resolving multiple wrongful termination cases for media clients before trial or arbitration commenced

Represented a company in an investigation of fatality at work and resolved OSHA investigation into the incident

Defended employment discrimination claims for an outdoor advertising company, resulting in settlements before any litigation was filed

Family Law

Represented client in novel action brought under Marvin v. Marvin, 18 Cal. 3d 660 (1976); case resolved on eve of trial after favorable pretrial rulings

Entertainment and Intellectual Property

Obtained summary judgment in a trademark matter in the Middle District of Florida that was affirmed by the Eleventh Circuit. The court agreed with Jeanne’s argument that the "Elimidate Ironman Challenge" did not infringe the Ironman Triathlon trademarks because the term "ironman" is commonly used to describe persons of unusual endurance and thus the plaintiffs’ marks were entitled only to limited protection

Defeated summary judgment brought by the Associated Press in litigation relating to Shepard Fairey’s 2008 campaign poster of Barack Obama on behalf of Fairey's exclusive licensee, Obey Clothing, leading to successful resolution of the dispute

Obtained the affirmance of a judgment after a ten-day bench trial for an outdoor advertising company, allowing the company to continue to operate a billboard and including an award of almost $500,000 in attorneys’ fees and costs

Achieved a complete defense judgment on behalf of Academy Award-winning actor Robert De Niro. Fireman’s Fund Insurance Co., which insured the film Hide and Seek in 2003, accused Mr. De Niro of intentionally withholding information about his cancer diagnosis during a cast medical examination. The case was dismissed in favor of Mr. De Niro

Criminal Matters

Secured the release of an Orthodox Jewish rabbi who had been incarcerated after refusing to testify before the grand jury against other Jewish persons—a case that drew international attention. The rabbi cited the rule of mesira, which imposes on the ultra-Orthodox the religious obligation to refrain from testifying against other Jews. The government eventually agreed to the rabbi’s release seven months after he was incarcerated, a fraction of the maximum eighteen-month term