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Howard Holderness focuses his practice on complex commercial litigation matters on behalf of both plaintiffs and defendants. His experience includes matters involving fraud, breach of contract, product liability, false advertising and unfair business practices as well as insurance coverage, antitrust, and class action claims. He represents technology companies, international clients (particularly in Asia), and individuals and smaller companies in state and federal court litigation matters related to trade secrets, breach of fiduciary duties, partner relationships, breach of contract, employee mobility and whistleblower threats. Howard defends against class actions involving claims of fraud, unjust enrichment, and false advertisements. He is experienced in pre-litigation counseling and civil litigation before trial, including complex electronic discovery issues, as well as trying complex cases before both judges and juries.

Concentrations

  • Commercial litigation
  • Internet and eCommerce trade secrets
  • Trans-Pacific litigation
  • Consumer class actions
  • Product liability and mass torts
  • Government and private antitrust litigation and investigations

Capabilities

Experience

  • Lead counsel in a trade secret theft case involving the development of driverless cars by Chinese companies. Used parallel Chinese litigation to achieve positive outcome for client.
  • Lead counsel for Chinese auto parts manufacturing company sued in California courts; settled .
  • Lead counsel for exercise equipment designer and manufacturer accused of theft of designs; settled.
  • Lead counsel for instore advertising company accused of stealing competitor’s trade secrets; settled.
  • Lead counsel in the representation of a global IP telephony company in a case brought by a supplier alleging breach of contract, fraud and other business torts. Made aggressive use of counterclaims and pre-trial motion practice to eliminate claims and incentivize negotiation, resulting in a settlement after three years of litigation.°
  • Lead counsel in a matter involving a client’s hiring of competitor’s chief technology officer. Avoided protracted litigation by building trust with opposing counsel and relying on minimally invasive verification exercises.°
  • Lead counsel for a global technology company accused of converting computer equipment for a worldwide networking solutions company. Obtained summary judgment in federal court in Arizona.°
  • Lead counsel in successful arbitration that resulted in large judgment on behalf of investment bank that had not been paid for its assistance in sale of company.
  • Lead counsel in matter on behalf of celebrity accused of fraudulent offering to support fledging studio; obtained summary judgment and jail time for the accuser.
  • Lead counsel for claim regarding false advertisement over the availability of a ship for purchase. Obtained summary judgment and defended result in Ninth Circuit.
  • Lead counsel for linen purchaser in case involving COVID-era contracts that were breached because of faulty manufacturing; settled.
  • Lead counsel for insurer in matter related to coverage for winery fire; settled.
  • Lead counsel for resort restaurant lease termination issue; settled.
  • Lead counsel in matter in which client obtained summary judgment in its favor on claims that it assisted in fraudulently transferring hundreds of millions of dollars from China.
  • Lead counsel in matter in which Chinese client obtained a dismissal on claims that he fraudulently offered tax assistance for Chinese audits.
  • Represented a Chinese manufacturer and investor with regard to claims of fraud and breach of fiduciary duties relating to a U.S.-based partner. After two years of discovery in the United States, China, and Hong Kong, a 40-day bench trial resulted in a decision requiring payment of more than $70 million by the opposing party. Recognized as a top-10 verdict by The Daily Journal. Defended judgment California appellate courts and aggressively pursued post-judgment remedies through multiple fraudulent transfer cases.
  • Defended American CEO in litigation alleging fraud due to Chinese investor’s refusal to provide promised investment. Motions to dismiss obtained in districts courts in Idaho and North Carolina and in the bankruptcy court in Idaho.
  • Acted as lead counsel in a matter in which our client was defrauded by the purchaser of its subsidiary. Obtained a multimillion-dollar default judgment against an Indian defendant who had to effectively negotiate on unfavorable terms for the defendant or risk never doing business in the United States.
  • Lead counsel in mass arbitration dispute related to underlying employment payment issues.
  • Lead counsel for a global leader in wireless and Ethernet networking technology in a consumer class action in California state court alleging false advertisement, misrepresentation, and related business torts. Negotiated settlement by relying on a novel remedy mechanism.°
  • Co-lead counsel for a nationwide retailer in a class action alleging false advertisement and related business torts. Negotiated a timely and favorable settlement for the client by exploiting divisions among class counsel.°
  • Co-lead counsel in a product liability and employer negligence claim that stemmed from a catastrophic and permanent injury. Litigation plan sought to minimize the client’s responsibility while maximizing the co-defendant’s responsibility.°
  • Represented a European manufacturer in a settlement favorable to the client in the Eastern District of California with regard to claims of breach of contract and warranty.°
  • Represented a national ticket company accused of spidering, trespass, and improper use of publicly available information. Obtained summary judgment that dismissed the claims against the client.°
  • Represented a company that was denied coverage for hundreds of underlying toxic tort claims. Obtained a settlement favorable to the client in litigation in the Central District of California.°
  • Lead counsel for bail bond sureties in antitrust action alleging conspiracy both to fix rates and discourage discounting for bail.
  • Represented technology company in Qui Tam litigation involving claim of misuse of federal program designed to bring technology products to poor and rural school districts. Following investigation obtained declination from the Department of Justice.°
  • Represented pharmaceutical company in Qui Tam litigation. Client was charged with selling drugs off-label under federal procurement statutes. Following investigation obtained declination from the Department of Justice.°
  • Obtained a no-cost dismissal in the District of Utah in an antitrust action involving a top Internet solutions company.°

°The above representations were handled by Mr. Holderness prior to his joining Greenberg Traurig, LLP.

  • Staff Assistant, Senator Terry Sanford, December 1989-August 1990

Recognition & Leadership

  • Member, American Bar Association
  • Member, San Francisco Bar Association
  • Member, State Bar of California
  • President Emeritus, San Francisco Little League
    • Board Member
  • Executive Committee Member, American Heart Association’s Heart Walk

Credentials

Education
  • J.D., University of Virginia School of Law
    • Articles Editor, Virginia Environmental Law Journal
  • B.A., University of Virginia
Admissions
  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Related Capabilities

Litigation Antitrust Litigation & Competition Regulation Trade Secrets Class Action Litigation Complex Torts