Andrew B. Kaplan

Phone: (619) 232-1991 Ext: 127
3563 Fourth Avenue
San Diego, California 92103
.

Before forming Kaplan Law Firm in 2012, Mr. Kaplan was the founder of The Law Offices of Andrew B. Kaplan and built a national practice that specialized in business litigation over the past 23 years.

Mr. Kaplan has successfully defended and prosecuted numerous arbitrations as well as both state and federal bench and jury trials; he has a national practice which has included matters in more than 29 states. Mr. Kaplan is now a principal in Kaplan Law Firm, in which he has successfully prosecuted and defended multi-million dollar business claims, including breach of contract claims, product liability claims, wrongful death, tort claims, claims involving intellectual property (e.g., copyrights, trade secrets, trademarks, etc.), environmental site contamination, insurance coverage and unfair competition claims. Representative clients range from a multi-billion dollar Fortune 500 corporation to sole proprietorships and entrepreneurs.

Education

J.D., University of San Diego School of Law , 1984
B.A., University of California at Santa Barbara, 1981

 

Professional & Bar Association Memberships

State Bar of California
San Diego County Bar Association Business Litigation/Intellectual Property/Corporate
San Diego Consumer Attorneys
American Inns of Court, Louis Welsh, Chapter 9

 

Representative Matters

INTELLECTUAL PROPERTY

    • Represented a start-up technology company in a dispute over revolutionary battery energy sources, development protocols, and related non-disclosure issues. Our involvement resolved the matter in our client’s favor, and facilitated further commercial use and refinement of security logistics to better safeguard sensitive and proprietary client information.
    • Represented a technology company in shareholder litigation involving control, ownership, and use of patented reverse osmosis water treatment technology. We successfully protected our client by obtaining court-ordered injunctions that prevented the principal shareholder from misappropriating company-owned trade secrets and from unfairly competing with our client through another company, ultimately leading to the successful sale of our client’s company for several million dollars, the proceeds of which were paid exclusively to our client.
    • Represented a financial services company and its founder in complex business litigation involving proprietary formulae in the financial industry used for loan hedging. We successfully protected our client by obtaining court-ordered injunctions that prevented the misappropriation of our client’s trade secrets, gained exclusive control of all company assets and facilitated the ouster of the company’s former principal responsible for myriad acts of misappropriation.
    • Represented privately held biotechnology company in multi-million-dollar complex dispute arising out of the pioneering of its proprietary kits used for molecular cloning and expression through licensing these technologies into niche global markets. Obtained extremely favorable licensing arrangements and the company ultimately became publicly traded, now worth in excess of several billion dollars.
    • Represented privately held biotechnology company, which is a manufacturer and worldwide supplier of combinational building blocks, organics and fine chemicals; successfully resolved complex employment-related claims through mediation, avoiding all costs of litigation.
    • Represented principal PhD researcher and developer in the field of RNA transcription and processing in his executive status as senior director and scientific liaison for a Fortune 500 publicly traded biotechnology company.
    • Represented publicly traded Fortune 500 company in disputes involving contaminated cryogenic gases affecting embryonic/reproductive applications and cryogenic contamination affecting micro-biological research applications; all claims were successfully resolved in favor of client without litigation — for nuisance value.
    • Represented founder in closely held corporation regarding ownership and control of the artistic/proprietary design of packaging for liquor; resisted injunctive relief and client positioned to reap the benefits of global sales.
    • Represented owner of trademark/trade name used in the apparel industry, and without filing a lawsuit, to prevent misappropriation of its trademark and forced a major Las Vegas casino to altogether change its name and the name used on all of its apparel, etc. and recovered attorney’s fees associated with same.
    • Represented a corporation which owned trademark/trade name rights associated with a kitchen tool, which trademark/trade name was misappropriated. A lawsuit was filed, resulting in injunctive relief; settlement ultimately resulted in the payment of royalties, attorney’s fees and cessation of further acts of misappropriation.
    • Represented authors of multiple educational books in a litigation against the publisher arising out of the publisher’s failure to commercially exploit/pay for, the authors’ royalties, etc.
    • Represented several international manufacturers of jewelry in the defense of trademark infringement claims; proof of non-infringement was established and all cases were resolved for nuisance value.
    • Represented publisher of combined nature/music CDs, which pioneered interactive kiosk merchandising in connection with copyright infringement action.

PARTNERSHIP DISPUTES, SHAREHOLDER AND BUSINESS LITIGATION

    • Represented 50% owner/co-founder in shareholder litigation for a technology company whose remaining 50% partner misappropriated its primary line of patented/proprietary technologies for his own competitive use. Litigation resulted in a temporary restraining order/injunction, a permanent injunction preventing misappropriation by co-founder, together with a lock out order preventing former co-founder from entering the premises and a turnover order requiring delivery of all proprietary information/assets. The target defendant resigned from all positions held with the company and transferred all of shares in the company to our client and the enterprise was eventually sold by our client for several million dollars.
    • Represented 50% owner/co-founder of a financial services/technology company in a shareholder litigation arising from his co-founder/50% owner’s misappropriation of the company’s principal intellectual property. Omnibus injunctive relief was granted, lockout and turnover orders were granted and the misappropriating partner ultimately resigned from his employment, resigned from all corporate positions held with the company and transferred all of his shares in the company to our client, which company became a major player in the financial services industry.
    • Represented limited partner in 25-year-old commercial real estate partnership, whose general partner misappropriated millions of dollars in cash and related assets. As lead counsel in a multi-plaintiff litigation, appropriate injunctive relief was obtained, preventing risk of further misappropriation and prevented the destruction of partnership records; the court granted our motion for appointment of a receiver who seized formal control of all partnership assets and managed the partnership throughout the litigation. Our forensic accounting proved misappropriation of cash in excess of $30 million and the dispute was ultimately resolved through mediation. Settlement resulted in a multimillion-dollar swing in favor of our client and co-plaintiffs, together with the buyout of adverse interests in the partnership.
    • Represented seller in the business of providing critical ancillary support services/products to the motion picture/television industry in a litigation, forcing the buyer to pay out the balance due to our client in connection with the purchase price and recovered all attorney’s fees/costs.
    • Represented shareholders in a corporation involved in the bottled water industry; the litigation involved claims of being frozen out as a shareholder and mismanagement by the then-current board of directors, etc.; our client/shareholder ultimately obtained a very favorable buyout.
    • Represented seller of a very successful business, which obtained a partial down payment for the business’ purchase price and carried back a promissory note, secured by corporate stock in connection with the purchase transaction. The buyer ultimately reneged on its payment/purchase obligations, litigation was commenced, resulting in foreclosure on the stock/security interests, and obtained a writ of possession seizing the premises and all inventory in connection therewith. Our client ultimately regained exclusive control/ownership of the business and its assets and resold same at a profit.

INTERNATIONAL AND CROSS-BORDER BUSINESS DISPUTES

    • Represented a provider of maquiladora/shelter provider in a litigated dispute with its client/multi-million dollar medical device manufacturer; the medical device manufacturer repudiated its contract and filed suit in the San Diego Superior Court seeking injunctive relief in Mexico; all of the relief sought by adverse party was summarily denied and through local counsel in Mexico, we obtained full relief on our client’s behalf in Mexico and without filing a cross-complaint/counter-claim in the San Diego Superior Court Action, the medical device manufacturer paid our client a multi-million dollar settlement.
    • Represented a U.S. shareholder/founder and his U.S. corporation who sold his company to a multi-billion dollar Japanese company; an employment/shareholder dispute arose involving subsidiaries in the Cayman Islands and China, which was favorably resolved through mediation resulting in our client obtaining more than 10 times of the original share valuation price offered by the adverse party.
    • Represented Chinese and U.S. companies importing manufactured equipment from China to the United States, and issues related to importation, transportation, sales, marketing and government regulations.
    • Represented world-renowned surf/vacation island located in Fiji, with regard to management of liability issues, provision of services, and contracts.
    • Represented companies and entrepreneurs based in Australia with regard to business operations, shipment, sales, importing/exporting of goods between the United States and Australia, and successfully resolved business disputes with partners and competitors.
    • Represented publicly traded Fortune 500 Company in connection with its business operation in Mexico, successfully resolving U.S. Customs disputes, import/export issues, and labor/employment issues unique to cross-border commerce.
    • Represented international venture capital group seeking to invest in bionicals in the United States, noting that “bionicals” may be characterized as an investment vehicle through which investors purchase life insurance policies from the policy beneficiaries, at a discount, and pay the beneficiaries the discounted sum.
    • Represented provider of exotic nature-based/eco-adventure air travel throughout undeveloped and remote areas in Baja Mexico and the Sea of Cortez with regard to its business operations, liability issues, and contracts.
    • Represented the most prolific purveyors of maquiladoras or shelter operations which provide for the manufacture of products in Mexico, which entities provide administrative support, manufacturing support, computerized accounting services, Mexican taxes, licensing, permits, human resources management, payroll services, environmental oversight, and import/export services, certificates of origin, and interface with both Mexico and United States Customs Agencies. Representation included providing legal advice relative to the above-described services, including disputes between the shelter operators, its clients, the Mexican employees/labor unions in collaboration with local Mexican counsel and interface with the regulatory agencies in both the United States and Mexico.
    • Represented internationally recognized bariatric surgical facility located in Mexico, which performs laparoscopic surgeries such as gastric band (lap band), gastric sleeve (gastrectomy) and gastric plication in connection with its business relationships with patients from the United States.
    • Represented venture capital entrepreneur from Australia who developed a unique franchise in the United States through creation of high-end pawnshops.

EQUINE LAW

    • Represented numerous owners of stables (English/Western) in business matters involving equine sales, breeding, boarding and training, including risk management and insurance coverage issues.
    • Represented owner of mare to be bred; the mare was fatally injured in connection with her breeding activities; successfully prosecuted claim obtaining a full value of the deceased mare.
    • Represented landowner in successfully securing equine trail access through public and private lands and obtained permanent easement guaranteeing perpetual trail access.
    • Represented internationally known veterinarian specializing in services for performance horses ranging from Racehorses, Hunter/Jumper, Western Pleasure, and Dressage.
    • Represented competitive/professional riders in myriad aspects of compliance/disciplinary issues before national and international equine regulatory and governing bodies.
    • Represented owners, trainers, breeders, competitors and stable owners concerning “claims management” involving injuries to horses, bystanders, riders, disputes involving international transportation/sales, equine “buy/sell” disputes, veterinarian medical malpractice and equine pre-purchase exam issues.

COMPRESSED GAS INDUSTRY

Represented clients in the compressed gas industry in 29 States involving the following legal services:

    • Civil Litigation and Trials.
    • Collections, (both monetary recovery and recovery of cylinders).
    • Loss prevention (plant operations; transportation, etc.).
    • Preparing business forms (product supply agreements, credit applications, invoices, employee handbooks/manuals, shipping and delivery tickets/shipping manifests, confidentiality agreements, etc.)
    • Competitive business practices (e.g., trade secret, unfair competition, customer lists, nonsolicitation and non-compete issues).
    • Employment matters (e.g., wrongful termination, discrimination, wage and hour violations, workers’ compensation matters).
    • Code of Federal Regulation Compliance.
    • OSHA compliance.
    • DOT compliance
    • HazMat/MSDS compliance.
    • Defense of tort liability/indemnity claims involved in plant filling, loading, transporting operations and catastrophic plant operations leading to death, criminal/OSHA charges, millions of dollars in property damage, etc.
    • Management of liability claims stemming from gas/cryogenic contamination/impurity disputes (biotech; breathing air; medical/FDA, etc.).

REAL ESTATE

    • Represented premier national asset management company that delivers REO disposition services for mortgage bankers, mortgage investors and regulated financial institutions in all states, which provides community focused disposition strategies and nationwide network of top-tiered multi-cultural real estate brokers.
    • Represented regional direct residential lender that funds in excess of $490 million in loans per year in virtually all aspects of its business operations, ranging from compliance/execution dynamics to its internal operational restructuring, etc.
    • Represented Homeowners Associations in routine execution of its management functions for residential communities, including single-family and apartment/condominium associations, which matters ranged from noise abatement, unlawful entrance into the tenant premises, maintenance/ground keeping disputes, homeowners association dues, permissible pets/animals, altercations between tenants, defamation/slander claims among board members/owners, etc.
    • Represented purchaser of fractional interest in vacation resort property in a dispute over purchase transaction, successfully resolving the dispute without filing a responsive pleading to lawsuit.
    • Represented successor-in-interest as holder of a first deed of trust on a very large undeveloped land parcel, through successful non-judicial foreclosure, notwithstanding the lapse of the statute of limitations on the underlying promissory note; client eventually sold the property at a profit of several hundred thousand dollars.
    • Represented owners of large commercial properties in all aspects of their ownership, ranging from syndication/sales to leasing, landlord/tenant disputes, property line/easement disputes, evictions, pass-through fees/expenses, utility disputes, construction defects, government compliance issues such as zoning, fire/safety, building permits/construction, rent control, etc.
    • Represented national commercial and residential real estate brokers in large commission-related disputes, which were successfully resolved through prompt mediation and abbreviated litigation, respectively.
    • Represented siblings/family members against stepparent, without litigation, and successfully obtained clear title to residential real estate properties which had purportedly been transferred through a testamentary disposition.
    • Represented numerous landlords, tenants and businesses owners in lawsuits filed by disabled persons who sought remediation of premises under the American With Disabilities Act and parallel state law; successfully defended such claims and/or resolved same through prompt settlement and payment of nuisance value, etc.

LABOR AND EMPLOYMENT

    • Represented National Fortune 500 Company in approximately 100 claims throughout the State of California and elsewhere throughout the United States for wrongful termination, sexual harassment, race discrimination, state and federal disability act claims and claim of age discrimination; many of the claims were resolved without litigation and the remaining litigated claims were successfully resolved by obtaining either outright dismissals or payment of nuisance value.
    • Represented National Fortune 500 Company in labor union claims/disputes, all of which were favorably resolved through mediation or in the earliest stages of litigation.
    • Represented publicly traded company in the defense of multi-party plaintiffs who filed claims for wrongful termination in a violation of public policy, etc., all of which were dismissed without payment of any kind.
    • Represented publicly traded company in the defense of a claim for race discrimination, etc., which claims were successfully defended when discovery proved that the plaintiff was under the influence of a controlled substance and that the termination was not race-based.
    • Represented privately held companies which employed both union and non-union employees regarding payment of union dues, management of the litigation involving audit of union benefits paid, prevailing wage claims, claims to determine whether the subject matter of the scope of work required union workers and negotiation of Collective Bargaining Agreements.
    • Represented closely held companies/small businesses by defending claims for wrongful termination, racial discrimination, sexual harassment, etc., all of which were resolved either without the necessity for litigation or successfully resolved through abbreviated litigation.
    • Represented closely held company in litigation arising out of a senior manager’s theft/misappropriation of company assets, leading to a felony conviction and jailing of the perpetrator and a substantial six digit judgment against former employee/manager.
    • Represented small business owner in connection with embezzlement by long-term trusted employee resulting in felony conviction and incarceration of former employee and court-ordered restitution of all misappropriated funds.
    • Represented an individual against a large accounting company and successfully obtained professional disability and medical benefits without litigation/conflict, leading to long-term and productive reinstatement of employment.
    • Represented an individual in connection with labor union dispute by successfully defending claim of sexual harassment, resulting in no adverse employment action being taken and dispute was successfully resolved without litigation, leading to continued long-term employment.

CONSTRUCTION DEFECT LITIGATION/CONTRACTOR DISPUTES

    • Represented homeowner who hired a licensed contractor to perform extensive home remodel and suffered myriad construction defects ranging from defective plumbing causing mold contamination, etc.; litigation resulted in substantial settlement sufficient to perform all remedial work necessary and recovery of fees/costs.
    • Represented developers, design professionals, real estate brokers, contractors, sub-contractors, materials providers, and vendors who were named as defendants/cross-defendants in numerous complex construction defect litigations; successfully represented all such parties by promptly obtaining insurance coverage resulting in settlement without suffering any substantial out-of-pocket expenses/attorney’s fees.
    • Represented contractors in the successful prosecution of mechanics lien rights, debt collection, etc.
    • Represented commercial/residential owners in the successful prosecution of claims against contractors/builders/developers.
    • Represented providers of materials/services in the successful prosecution of their mechanics lien rights, etc.

WORKERS COMPENSATION DEFENSE

    • Represented Fortune 500 company in the defense of hundreds of workers compensation claims throughout the State of California. Successfully defended fraudulent claims by employees which lead to referral to the District Attorneys Office for prosecution of claimants.

COLLECTIONS

    • Represented Fortune 500 Company throughout the State of California, successfully prosecuting hundreds of collection actions for goods/services, collecting hundreds of thousands of dollars in principal, interest, costs and attorney’s fees.
    • Represented national billion-dollar purchasing cooperative in collecting hundreds of thousands of dollars for unpaid goods, services and association dues.
    • Represented small to mid-size companies which provide myriad goods and services throughout the State of California in successful collection actions, recovering principal, interest, costs and attorney’s fees.
    • Represented clients in successful prosecution of claims based upon promissory notes/accounts receivable, chattel paper, etc., routinely obtained pre-judgment remedies permitting the seizure of money/assets through writs of attachment, etc.
    • Represented clients in successfully enforcing money judgments through writs of execution, wage garnishment, judgment debtor exams, sheriff levies/sheriff-ordered sales of debtor’s property and enforcement of abstracts of judgment liens recorded against real estate property owned by the debtors.
    • Represented clients in successful enforcement of judgments by seizure and sale of real estate, automobiles, jewelry and cash deposits maintained at various financial institutions.
  • Represented clients throughout the United States in the prosecution of sister state money judgments by registering the judgments in the State of California and elsewhere throughout the United States, resulting in seizure of significant cash deposit accounts.