BRIEFS & ARGUMENTS
White v. Square, Inc.
From the client:
"I regarded Myron Moskovitz's appearances in the Ninth Circuit and the California Supreme Court as nothing less than masterful. I've rarely seen an advocate who could function so well at oral argument and in engaging with the Justices. It was truly a tour de force."
-Bob White, Esq.
From trial counsel:
"Myron has gotten me out of more jams than anyone else. But what I enjoyed the most was watching him argue at the Supreme Court of California on why the Unruh Act had to extend to the internet. All with glowering big law firms boring holes in his head, which didn't bother him a bit. And, of course, we won."
-Bill McGrane, Esq. San Francisco
From the Supreme Court:
"We conclude that a person who visits a business's website with intent to use its services and encounters terms or conditions that exclude the person from full and equal access to its services has standing under the Unruh Civil Rights Act, with no further requirement that the person enter into an agreement or transaction with the business."
-White v. Square (2019) 7 Cal.5th 1019
A Successful Petition for Review by California Supreme Court
EXAMPLES OF BRIEFS
Appellant's Opening Briefs
White v. Square, Inc.
We sought to establish the standing of a bankruptcy lawyer to sue Square for violating the Unruh Civil Rights Act by excluding bankruptcy attorneys from using Square's credit card services. The California Supreme Court accepted our argument unanimously.
Uthe Technology Co. v. Aetrium, Inc.
We sought reversal of summary judgment denying our client (Uthe) $18 million treble damages under RICO. 9th Circuit reversed. See (9th Cir. 2015) 808 F.3d 755.
Integral Development Corp. v. Tolat
We sought to reverse summary judgment against tech company suing former Chief Technology Officer, who had misappropriated company’s source code before he left company to work for rival. 9th Circuit agreed with us and reversed. See 2017 WL 123316.
Betz v. Trainer Wortham & Co., Inc.
We sought a reversal of the district court ruling that an elderly woman's suit for securities fraud and related state claims was barred by the statute of limitations. 9th Circuit reversed. See 519 F.3d 863 and 2007 WL 1494018 (9th Cir. 2007).
Respondent's Briefs
Ward v. Goss-Jewett Co. of Northern California.
We sought affirmance of $5+ million default judgment in asbestos litigation. California Court of Appeal affirmed. See 2014 WL 1778673.
Rental Housing Association of Northern Alameda County v. City of Oakland
Obtained affirmance of trial court ruling upholding constitutionality of City’s “just-cause-for-eviction” ordinance. See 171 Cal.App.4th 741 (2009).
Matoza v. Netscape Communications Corp.
Our client was executive at Netscape who sued the company for breach of contract to convey 40,000 stock options to him. Trial court ruled for client, and we obtained affirmance. See 2003 WL 22212027 (California Court of Appeal, 2003).
Reply Briefs
White v. Square, Inc.
We sought to establish standing of bankruptcy lawyer to sue Square for violating Unruh Civil Rights Act by excluding bankruptcy attorneys from using Square's credit card services. California Supreme Court accepted our argument, unanimously.
Uthe Technology Co. v. Aetrium, Inc.
We sought reversal of summary judgment denying our client (Uthe) $18 million treble damages under RICO. 9th Circuit reversed. See (9th Cir. 2015) 808 F.3d 755.
Integral Development Corp. v. Tolat
We sought to reverse summary judgment against tech company suing former Chief Technology Officer, who had misappropriated company’s source code before he left company to work for rival. 9th Circuit agreed with us and reversed. See 2017 WL 123316.
Betz v. Trainer Wortham & Co.
We sought reversal of district court ruling that elderly woman's suit for securities fraud and related state claims was barred by statute of limitations. 9th Circuit reversed. See 519 F.3d 863 and 2007 WL 1494018 (9th Cir. 2007).
Petitions
T. v. Superior Court.
In wrongful death case against our client, trial court ordered client to furnish report of her session with her psychiatrist. We sought and obtained writ.
Investek Properties Co. v. S.F. Superior Court
We sought writ of supersedeas setting aside trial court order vacating our client's judgment lien. Court of Appeal issued stay, and later issued the requested writ of supersedeas.