Joseph
Akrotirianakis
(Joe)

As lead counsel, represented global biopharmaceutical company Amgen Inc. against Lanham Act and California’s false advertising and unfair competition claims in a federal court lawsuit by generic drugs giant Sandoz Inc. The litigation addressed cutting edge issues relating to the use of RWE in pharmaceutical advertising. The matter resolved two days before trial.

As trial counsel, leading defense of an Israeli cyber-intelligence company against novel claims brought under the Computer Fraud and Abuse Act (CFAA) and analogous state law claims in five separate lawsuits filed by WhatsApp, Apple, and several individual plaintiffs in the Northern District of California and the Eastern District of Virginia.

As lead trial counsel, represented Everport Terminal Services Inc. in a matter with implications for much of the international trade on the Pacific Coast. In an appellate reversal of an NLRB decision, convinced the D.C. Circuit unanimously to recognize that the NLRB’s decision “would make the system of collective bargaining ... nonsensical and unworkable.”

As co-lead counsel, represents American Kidney Fund (AKF) and other plaintiffs in a constitutional challenge to California AB 290. Secured a preliminary injunction against the enforcement of AB 290 on the eve of the statute’s effective date. The Court subsequently granted summary judgment in our clients’ favor.

As lead trial counsel, achieved a total victory including a permanent injunction and an award of attorney’s fees in a first-of-its-kind unfair competition lawsuit on behalf of Hope Pharmaceuticals alleging violations of the unfair competition and trade practices laws of California, Florida, Tennessee, South Carolina and Connecticut.

As lead counsel, represented Americold Logistics, LLC, in a high-stakes commercial dispute against the nation’s largest publicly-traded grocery distributor, United Natural Foods, Inc. (UNFI). This matter settled on confidential terms shortly before trial.

Represented plaintiffs, in a corporate valuation dispute against a defense industry manufacturer of millimeter wave aircraft radar components. After a bench trial, the court awarded the plaintiffs 387.5% of the defendant's prelitigation valuation, plus attorney’s fees, court costs, and more than two years of prejudgment interest.

Represent an international cybersecurity technology company NSO Group in the defense of a groundbreaking lawsuit brought by Facebook, Inc., and WhatsApp Inc. under the federal Computer Fraud and Abuse Act and its California analogue. Obtained stay of district court proceedings while the United States Court of Appeals for the Ninth Circuit considers the company’s claim that it is entitled to derivative foreign sovereign immunity.

Represented a global pharmaceutical company, as plaintiff, in an unfair competition action against a purported compounding pharmacy promoting and selling competing “compounded” drugs on a national basis. Obtained partial summary judgment as to liability on claims under the federal Lanham Act, California False Advertising Law, and California Unfair Competition Law.

The action resolved shortly thereafter on confidential terms, and the court imposed a permanent injunction against the counterparty’s false advertising and unlawful business practices.

Represented one of North America’s largest grain companies in a fraudulent transfer action against a former customer. Obtained summary judgment as to liability and a multimillion-dollar award including an award of punitive damages and successfully defended the matter on appeal to the United States Court of Appeals for the Ninth Circuit.

As lead trial counsel, represented a global pharmaceutical company in an action for unfair competition and false advertising against a competitor selling drugs not approved by FDA. After obtaining partial summary judgment as to liability on claims under the federal Lanham Act and the California Unfair Competition Law, a jury awarded the client damages and the court imposed a permanent injunction against the counterparty’s unlawful business practices.

As lead counsel, represented one of the world’s largest international containerized freight shipping companies and its terminal operator subsidiary in a business “divorce” from a joint venture partner. Defeated motions for a temporary restraining order (TRO) and preliminary injunction and obtained dismissal of the matter and an award of costs.

Represented one of the nation’s largest engineering and construction companies and its subsidiaries in a federal court action brought under the False Claims Act alleging overcharging in federal government contracts.

As lead counsel, represented a domestic subsidiary of one of the world’s largest international containerized shipping companies in defense of a federal court action for interim injunctive relief pursuant to Section 10(j) of the National Labor Relations Act. Accomplished denial of the petition for injunction and dismissal of the action.

Represents the U.S. West Coast’s largest marine terminal (by container lifts), responsible for over one million container moves per year in commercial and regulatory matters.

As lead counsel, represented a leading U.S. West Coast marine terminal operator in a labor relations action brought by a union representing mechanics previously employed at the terminal. After asserting a leading-edge position in a motion for judgment on the pleadings, obtained dismissal of the lawsuit and an award of costs.

Defeated class action lawsuit against largest marine container terminal on the U.S. West Coast. Plaintiffs had alleged unlawful collection of demurrage during the “West Coast Port Slowdown.” After demonstrating that a terminal cannot be “constructively” closed by labor activity not amounting to a strike, obtained dismissal of the action in its entirety.

Persuaded a federal agency to withdraw its notice of violation of anti-pollution regulations against a port terminal operator, avoiding approximately $9.2 million in potential penalties.

Persuaded the National Labor Relations Board to close investigations of marine terminal operator. After the union appealed, the NLRB’s Office of the General Counsel affirmed the declination decisions in the client’s favor.

Persuaded the National Labor Relations Board to close investigations of international shipping line and its domestic agent.

Represented a marine terminal operator in an investigation by the U.S. Customs and Border Protection, mitigating the penalty to just nine percent of the penalty sought.

Served as lead counsel in a federal criminal investigation of a nationwide ground shipping company suspected of aiding and abetting the trafficking of millions of dollars of counterfeit high fashion goods. No charges were filed.

Represented the CEO of a Southern California-based manufacturer, packager, and distributor of health food, nutritional supplements, and cosmetic products in a federal court criminal action alleging import violations. Matter was resolved with a probationary sentence.

Represented global network of YouTube content creators and brands in a trade secrets dispute with company’s former employees.

Represented president of Southern California-based construction company in state court criminal investigation concerning alleged theft of public monies. Client received a probationary sentence, and the conviction was expunged entirely shortly thereafter.

Represented associate general counsel of a Los Angeles-based investment fund in a state court criminal investigation. Investigation was dropped without the filing of any charges.

Represented the CEO of China-based petroleum exploration, extraction, and production company in federal court securities action by the United States Securities and Exchange Commission.

Represented one of the nation’s largest engineering and construction companies and its subsidiaries in a federal court action brought under the False Claims Act alleging overcharging in federal government contracts.

Represented the largest health plan in California in a 40-day trial arising out of an enforcement proceeding brought by the California Department of Managed Health Care.

Represented California’s largest HMO in dozens of investigations and litigation conducted by the California Department of Managed Health Care.

Represented the world’s leading satellite television provider in a major contract dispute with one of its largest retailers.