Federal Judge Commends S&B for High Quality Legal Work
January 27, 2012 | Riverside, California
Following a successful verdict and entry of judgment in favor of S&B’s client, a federal judge granted attorneys’ fees to S&B’s client based upon S&B’s efficient, successful case handling. Noting the “high quality of the work performed by S&B in such a short time,” the court granted the motion and awarded all the time requested by S&B as attorneys’ fees. “It is always especially rewarding to have any judge speak so highly of the quality of our firm’s legal work” noted attorney Eric Schiffer, who successfully defended S&B’s judgment during the post-trial phase of the case. “ We pride ourselves on our outstanding work product and excellent courtroom skills. Our success in this case was truly a group effort, and we are very proud of the result we accomplished for our client.“
After Jury Trial, $2.6 Million Judgment for Doctor Fired for Notifying Medicare of Employer’s Fraud
November 9, 2011 | Riverside, California
In the midst of a rising tide of cases alleging fraud, a jury in the United States District Court, Central District of California, Eastern Division (Riverside),
rendered a verdict in favor of a doctor who was fired for refusing to participate in a fraudulent scheme to submit false claims to Medicare for the payment of
cosmetic, medically unnecessary services, and for notifying Medicare of the fraud in order to protect her own medical license. The doctor sued her employer for
submitting false claims to the United States government, for unlawfully retaliating against the doctor, and for breach of contract, claiming, among other things,
she was punished for protecting her own medical license by distancing herself from the fraud. The jury awarded the doctor damages, resulting in a total judgment
in favor of the doctor of $2.6 million. "The jury really sympathized with the employee and wanted to send a message to the clinic," William Buus, lead trial
attorney, noted. "In actuality, the jury's message was intended to resonate with all employers who wish to punish employees who won't put their livelihoods
on the line by going along with fraudulent activity."
Jury Verdict Entered for S&B Clients
September 1, 2011 | Los Angeles, California
A federal court jury found in favor of S&B clients who were sued by a Taiwanese company for allegedly breaching a contract to purchase specially-manufactured after-market automobile parts.
S&B lawyers William Buus and Eric Schiffer tried the case. The jury trial, which took three days, took place at the Roybal Federal Building in downtown Los Angeles, and jury deliberations
took only about an hour. The jury found that S&B's clients did not breach the contract, and specifically that S&B's clients were not required to pay for goods they received due to lengthy
manufacturing and delivery delays, rendering the goods unsalable and virtually valueless. "Many disputes like this are really a clash of cultures," trial attorney William Buus noted.
"Nearly all of them can be resolved, but the people involved have a difficult time understanding one another and, unfortunately, that causes a rise in frustrations and tempers.
This case really should have been resolved long ago, but sometimes trials are required to bring these disputes to an end, once and for all."
Eric Schiffer Elected to Temple Beth David Board of Trustees
August 24, 2011 | Westminster, California
Eric Schiffer has been elected to Temple Beth David's Board of Trustees, and will serve as Programming Trustee. Located in Westminster, California, Temple Beth David is celebrating its 50th anniversary as a fixture in Orange County and greater Long Beach's religious community. Eric Schiffer grew up as a member of Temple Beth David and has a special affinity for its history. "I am honored to be a member of the Temple's Board, and I look forward to helping increase the Temple's visibility and standing in the community by helping to plan educational, inspirational, and entertaining programming in the months and years to come."
Eric Schiffer Successfully Opposes anti-SLAPP Motion by A&E Television Networks in Case Involving Failure to Conceal Client's Identity During Interview on History Channel's "Gangland" Program
August 2, 2011 | Santa Ana, California
Eric Schiffer has successfully opposed an anti-SLAPP motion filed by A&E Television Networks and Gangland Productions, which sought to dismiss claims filed by S&B's client arising from A&E's failure to conceal his identity, as promised, during an interview which aired on the History Channel's documentary series "Gangland." A&E tried to portray the claims as bearing upon protected first amendment activity and invoked the protections afforded by California's Code of Civil Procedure section 425.16, which prevents a "Strategic Lawsuit Against Public Participation," also known as a "SLAPP." Eric Schiffer successfully argued that while the subject matter of the "Gangland" broadcast (southern California gang activity) was a matter of public interest, our client's face and identity were not matters of public interest, such that the principal thrust of our client's claims did not involve protected first amendment activity. In a well-reasoned thirteen page opinion, District Judge Andrew Guilford agreed with Mr. Schiffer and denied the motion. "I think the Judge got it exactly right and understood that not everything the media touches automatically invokes first amendment rights," said Eric Schiffer. Even though A&E Television and Gangland Productions had their anti-SLAPP motion denied, the unique nature of the SLAPP statute allows even the denial of such a motion to be appealed. The matter is now pending before the Ninth Circuit Court of Appeals. According to Eric Schiffer, "We are hopeful that the Ninth Circuit will affirm Judge Guilford's well-reasoned opinion and will allow this case to continue to move forward in the trial court level so our client can seek a proper remedy for the substantial damages he has incurred as a result of A&E's and Gangland's actions."
Another Trial Win for S&B and William Buus
August 1, 2011 | Los Angeles, California
After a one-and-one-half month long jury trial, a judgment has been entered in favor of one of S&B's clients. The client was sued in Los Angeles Superior Court by a Vietnamese telecommunications company owned and operated by the Socialist Republic of Vietnam. The plaintiff claimed it was defrauded in a telecom deal, causing it to lose over $55 Million in monetary damages. "The trial was a real marathon and was well fought. Plaintiff was represented by skilled trial lawyers at a very large, international firm. In the long run, though, plaintiff overestimated its ability to obtain a recovery against the client, and judgment was entered in his favor." Mr. Buus commented. "Trial is more like a boxing match than a beauty contest. Everyone gets bruised and even bloodied. But, It's all about who is left standing at the end." This is yet another trial win for S&B and Mr. Buus.
S&B Sues Victoria's Secret over the "Dream Angels" Trademark
June 3, 2011 | Santa Ana, California
S&B represents Airs Aromatics, LLC in a case where Victoria's Secret's right to use and profit from the use of the "Dream Angels" line of trademarks is directly at issue. Airs Aromatics owns the mark "Angel Dreams," and claims that Victoria's Secret has improperly refused to pay for the use of that mark as contractually agreed and has improperly registered several "Dream Angels" marks with the United States Patent and Trademark Office. Airs Aromatics sued Victoria's Secret in United States District Court for the Central District of California for breach of contract, as well as for cancellation of the trademarks it has registered.
Eric Schiffer Selected as Member of ProVisors Networking Group
June 1, 2011 | Long Beach, California
Eric Schiffer has recently been selected as a member of ProVisors, which is a professional networking group located throughout California. Mr. Schiffer is a member of the Long Beach II Group and meets periodically both with his group, as well as other local groups in order to share networking resources and to better serve S&B's client base.
S&B Represents South Dakota-Based Book Publisher in Trademark Infringement Action Involving Works by the Nineteenth Century German Writer Karl May
April 23, 2011 | Los Angeles, California
Karl May is a famous nineteenth century German author who created many memorable old western characters, including "Winnetou," a fictional Apache chief, and "Old Shatterhand," his German blood brother. Karl May's works were very popular in Germany and reverted to the public domain in 1963. S&B's client is a South Dakota-based publisher who translates Karl May's works with the cooperation of the Karl May Society of Germany (Karl May Gesselschaft), which has made many of Karl May's original works available to the public. The South Dakota-based publisher, and their related companies are being sued by Plaintiffs, a German national and a company she formed, who claim to own the trademark rights in the name of the Apache character "Winnetou," and who allege trademark infringement and related claims against our clients. The South Dakota-based publisher denies any such claims, and has filed counter-claims to cancel the Plaintiffs' purported trademarks. The matter is currently pending in federal court in the Central District of California.
S&B Sues A&E Television Networks Over Failure to Conceal Client's Identity During Interview on History Channel's "Gangland" Program
March 6, 2011 | Santa Ana, California
S&B represents a police informant who agreed to be interviewed about southern California gang activity on the documentary series "Gangland" conditioned upon his identity being concealed. When the episode aired, this individual discovered that his identity was not concealed causing him substantial danger, as well as monetary loss. S &B filed a lawsuit against A&E Television, as well as the production company Gangland Productions, in federal court claiming appropriation of likeness, public disclosure of private information, false promise, and related claims. The lawsuit was filed under the pseudonym "John Doe" to protect our client from harm, and is currently pending in federal court in Orange County.
William Buus Again Selected as a "Super Lawyer" for 2011
February 1, 2011 | Newport Beach, California
Super Lawyer Magazine has again selected William Buus as one of its Southern California "Super Lawyers." This honor was due to favorable surveys of William's peers and in recognition of his many achievements as a trial lawyer in the areas of intellectual property litigation and securities litigation. William also handles a wide variety of business litigation cases, including, among others, those involving fraud, contracts, and real estate. This is the third year in a row Mr. Buus was named a Southern California Super Lawyer.
Eric Schiffer Helps Client Successfully Negotiate a Settlement to Avoid a Copyright Infringement Lawsuit
January 5, 2011 | Newport Beach, California
S&B's client was being threatened with a lawsuit by a national licensing entity based upon his compilation and authorship of a test preparation guide used to prepare for that licensing identity's exam. The licensing entity claimed that the questions included in our client's study guide, an original work of authorship, infringed its copyrights related to previously produced testing materials. Eric Schiffer argued that courts have recognized that resourceful persons have the opportunity to frame non-infringing questions testing the same subject areas, and was thereafter able to negotiate a resolution to the threatened claim helping his client to avoid a copyright infringement lawsuit.
S&B Obtains a Preliminary Injunction Against a Homeowners Association on Behalf of Aggrieved Residents
November 9, 2010 | Santa Ana, California
Homeowners living in a common interest development have sued their homeowners association for breaching the development's CC&Rs (Covenants, Conditions and Restrictions). Those CC&Rs, which in part govern the operation and management of the development's common areas, require that any alterations, additions or improvements to those common areas costing more than $1,000 be approved by two-thirds of voting homeowners. The Board had been ignoring that provision for some time, demolishing a pool without getting the required vote. When the Board threatened to remove two more pools in violation of the CC&Rs, aggrieved homeowners filed a suit in Orange County Superior Court, and asked the Court to require the Board to follow the CC&Rs before removing those pools. The Court entered a preliminary injunction sparing those pools from demolition. "All these homeowners want is for the Board to follow the rules; that's all." Mr. Buus, said. The Board, however, continues to fight the homeowners for its perceived right to break those rules.
S&B Obtains $10 Million Judgment Against Scamming Real Estate Salesperson
October 15, 2010 | Los Angeles, California
A real estate salesperson, Lisa Mahoney, scammed numerous people in a Ponzi scheme. S&B represented many of those victims in a lawsuit alleging fraud and breach of fiduciary duty, claiming total losses of over $3 Million plus punitive damages. These victims obtained a judgment against Lisa Mahoney in the Los Angeles County Superior Court in the total sum of just over $10 Million. Shortly thereafter, Lisa Mahoney was sent to a federal prison to serve a four-year sentence. Collections in these types of cases can be difficult, but not impossible, and Lisa Mahoney's victims are arduously pursuing the return of their money. "She will be held accountable. Given their determination, these victims will track her and her money for the rest of her life, much like the Goldmans continue to track O.J." Mr. Buus commented. A Ponzi scheme is generally one where the perpetrator takes a victim's money with promises of high returns in short periods of time, only to use that money to repay other investors and to enrich their own lives. There are usually little to no actual investments involved.
OC Metro Again Recognizes William Buus as One of OC's Top Attorneys
August 2, 2010 | Newport Beach, California
For two consecutive years, OC Metro magazine has recognized S&B's William Buus as one of Orange County's top attorneys. "This award, like the others, acknowledges the excellent legal work and customer service my firm provides day in and day out," William said. "My partner, Eric, and I pride ourselves on top-shelf legal work which comes as a direct result of our dedication and loyalty to our clients. And, as such, this award is representative of the efforts put forth by our entire staff and not just me." A copy of William's profile is included in OC Metro's August, 2010 edition.
For the second year in a row, William was also recognized as a "Super Lawyer" by Southern California Super Lawyer magazine. He has maintained the highest possible rating of "10," or "Superb," on AVVO.com, an online attorney rating service.
S&B Obtains a $86.5 Million Judgment Against Two Lawyers Accused of Securities Fraud
July 29, 2010 | Santa Ana, California
S&B obtained an $86.5 Million judgment on behalf of over seventy people against John Anthony Miller and Theodore Staren for running a fraudulent "Ponzi" scheme. The Court entered judgment for the investor's principal losses, as well as, punitive damages. John Anthony Miller previously pled guilty to securities fraud in federal court on March 27, 2009, after having bilked hundreds of people out of their retirement savings. Mr. Miller informed people that he could obtain 10% to 18% annual returns by investing in foreign currency trading, oil wells, real estate and other purported investment opportunities. In reality, he made very few investments, and used investor money to pay returns to other investors and for his own personal benefit -- a classic Ponzi scheme. Mr. Staren has also been charged with wire fraud, and is currently awaiting trial on proceedings brought against him by the Federal government.
Another Jury Trial Win for S&B
July 27, 2010 | Santa Ana, California
The jury verdict is in: another trial won for our client. The client, who sold a restaurant/bakery to plaintiffs, was sued for allegedly breaching non-compete clauses and allegedly inducing others to breach their contract with plaintiffs. The lawsuit was filed over two years ago, during which plaintiffs unsuccessfully attempted several times to prevent S&B's client from operating his current bakery business. After a six-day trial, the Jury deliberated for just 55 minutes before reaching a verdict in which S&B's client was exonerated. The Jury specifically found, among other things, that there was no breach of the non-compete clauses and that there was no intent to induce others to breach their contract with plaintiffs. The jury also found that plaintiffs owed $40,500 under a promissory note, and required plaintiffs to pay that amount. It is anticipated that plaintiffs will also be required to pay the court costs and attorney's fees incurred in defending the action.
"This trial was hard-fought at every stage, and was no cake walk," lead trial attorney William Buus said. "The opposing attorney is highly skilled and regarded by many as one of Orange County's top attorneys. I'm elated for the clients, who get to continue operating their business as usual."
This is one of many impressive trial wins for S&B's William Buus.
Nevada Jury Agrees with S&B's William Buus
March 25, 2010 | Las Vegas, Nevada
In a patent infringement case filed in federal court in Las Vegas, Nevada, S&B's William Buus, lead trial attorney in the case, argued that plaintiff's claimed royalty rate was grossly excessive. The royalty rate was a focal point of the week-long jury trial, and was hotly debated. The jury, though, agreed with William Buus, finding plaintiff's claimed royalty rate excessive and fixing a much lower royalty rate. "At trial, we zeroed in on plaintiff's claim for damages and, specifically, his claimed royalty rate, which we believed was way too high," William said. "Ultimately, the jury saw what we saw, and decided that the reasonable royalty rate should be a mere fraction of what plaintiff had claimed."
An experienced litigator and trial lawyer, William, has successfully tried cases in both state and federal courts.
William Buus Again Selected as a "Super Lawyer" for 2010
January 21, 2010 | Newport Beach, California
Super Lawyer Magazine has again selected William Buus as one of its Southern California "Super Lawyers." This honor was due to favorable surveys of William' peers and in recognition of his many achievements as a trial lawyer and, specifically, in the area of intellectual property litigation and securities litigation. William also handles a wide variety of business litigation cases, including, among others, those involving fraud, contracts, and real estate.
Eric Schiffer Elected to Southwestern University School of Law's Alumni Association Board of Trustees
Newport Beach, California
Eric Schiffer was recently elected to Southwestern University School of Law's Alumni Association Board of Trustees. Eric's selection was based upon his professional accomplishments as well as his ongoing involvement in Southwestern's alumni affairs. Eric is looking forward to participating in the selection of future alumni-related programs and is thankful for the opportunity to join the Board.
Rare Ex Parte Order Appointing a Receiver Obtained
January 2, 2010 | Newport Beach, California
Recently, William Buus obtained a favorable and rare order in which a Superior Court Judge appointed a receiver on an ex parte basis (meaning on short notice). William argued that a receiver should be appointed in a case where rental property owned by his clients and controlled by defendants was being mismanaged and falling into foreclosure. The court agreed that a receiver should be appointed since it was unclear what defendants were doing with rents obtained from the property and why defendants were not paying the mortgage.
The receiver will take control over the rental property, collect rents, pay bills, and make an accounting of the property's past operations. The suit against defendants alleged, among other things, breach of contract, breach of fiduciary duty and fraud. This is a big win for the clients, who now have an opportunity to save their investment.
William Buus Received Highest AVVO Rating
January 2, 2010 | Newport Beach, California
Recently, William Buus has received the highest rating with AVVO of 10 or "Superb." This was due to the favorable reviews William received from his clients and peers, and his longstanding experience as a trial lawyer and author of trial practice. William handles all types of business litigation, including intellectual property cases (involving patents, trademarks, and trade secrets), securities cases, fraud cases, and breach of contract cases.
Fox News Spotlights One of William Buus' Cases
September 17, 2009 | Newport Beach, California
On September 17, 2009, Fox News aired a report in which William Buus was interviewed. The report involved a securities fraud lawsuit that William filed on behalf of over forty investors against Lisa Mahoney. That lawsuit alleges that Ms. Mahoney operated a Ponzi scheme, defrauding millions of dollars from unsuspecting investors. Here are a few ways you can avoid a Ponzi scheme or other investment scam: (1) If the investment is too good to be true, it is; (2) If the investment offers "guaranteed" high returns in short periods of time, don't believe it; (3) make sure you understand the investment completely before you invest (do not invest in anything you don't understand); (4) make sure you have control over your investment monies at all times; and (5) do not invest with people who are not licensed or certified to be able to make such investments.
William Buus Featured in OC METRO'S Top Lawyers for 2009
August 17, 2009 | Newport Beach, California
William Buus was featured in OC Metro Magazine's August 2009 Publication of O.C.'s Top Lawyers. "I am obviously pleased to be featured in O.C. Metro's most recent magazine. O.C. Metro has obviously recognized the hard work I've put into my clients' matters, as well as the successes I've been able to obtain for them," states William.
Eric Schiffer Selected as a Panelist for the Mortgage Bankers Association's Quality Assurance Program
Newport Beach, California
Eric Schiffer was selected as a speaker for the Mortgage Bankers Assocations 2008 Quality Assurance Conference based upon his knowledge and experience in the mortgage banking industry. Eric was a participant on the Regulatory Compliance Update panel and spoke about the impact on lenders of President Obama's "Hope for Homeowners" legislation.
Dismissal of Texas Patent Case Obtained
August 8, 2009 | Newport Beach, California
On August 8, 2009, the United States District Court for the Northern District of Texas dismissed a patent infringement suit filed against several defendants, including one of William's clients. The suit alleged that the sale of handheld GPS devices for the use of determining distances on golf courses infringed plaintiffs' patents. The Court dismissed the case, finding that the plaintiffs did not possess sufficient ownership interests in the patent to enable them to pursue the case any further. In the case, defendants argued not only that plaintiffs did not possess sufficient ownership interests in the patent, but that they have not, in any way, infringed the patent by their sales of golf handheld GPS devices. This is a big victory for the defendants and for their continued golf GPS businesses.
Securities Fraud Case Filed Against Admitted Scammer
July 2, 2009 | Newport Beach, California
In July of 2009, William Buus filed yet another securities fraud case on behalf of over 70 plaintiffs against a Ponzi schemer. John Anthony Miller pled guilty to securities fraud in federal court on March 27, 2009, after having bilked hundreds of people out of their retirement savings. Mr. Miller informed people that he could obtain 10% to 18% annual returns by investing in foreign currency trading, oil wells, real estate and other purported investment opportunities. In reality, he made very few investments, and used investor money to pay returns to other investors and for his own personal benefit -- a classic Ponzi scheme. William has sued other entities and individuals, including IRA Resources, Inc. and Theodore Staren. The suit claims that its investors lost over $20 Million.
$45 Million Judgment Against Indicted Life Insurance Salesman, James Halstead Entered
August, 2008 | Santa Ana, CA
Shortly after obtaining a $45 million judgment against California attorney Jeanne Rowzee for securities fraud, William Buus obtained another $45 million judgment, this time against Ms. Rowzee's partner in the securities fraud scheme, James Richard Halstead. The lawsuit, filed early last year, alleged that both Ms. Rowzee and Mr. Halstead were conducting a "Ponzi" scheme, which is a form of securities fraud where the schemers use invested money for their own personal uses and to pay returns to other investors. S&B represented 45 plaintiffs in the action, whose net losses totaled just over $14 million. The $45 million judgment is comprised of those losses, plus punitive damages.
Within a couple of days after the judgment was entered, James Halstead was indicted by a federal grand jury for his role in the "Ponzi" scheme. The indictment included charges of wire fraud and money laundering.
The Laguna Beach Chamber Of Commerce And Civic Association to Form Non-Profit Foundation
April 16, 2008 | Newport Beach, CA
Recently, the Laguna Beach Chamber of Commerce and Civic Association agreed to retain William Buus to form a non-profit foundation that would serve educational, environmental, and public safety purposes. The foundation will apply for tax-exempt status under Internal Revenue Code section 501(c)(3) as well as related state law. This will allow individuals to make tax-deductible donations to the chamber. William Buus is a member of the Chamber and serves on the Chamber's Board of Directors.
The chamber is very involved in projects and events that, among other things, help beautify the City of Laguna Beach and provide scholarships for students. The foundation will assist the chamber in obtaining tax-deductible donations to bolster these projects and events.
Case Reported In Los Angeles Times
March 28, 2008 | Irvine, CA
On March 27, 2008, the Business Section of the Los Angeles Times contained a front-page article concerning a matter William is currently handling. The securities fraud action was brought on behalf of forty-five plaintiffs against Jeanne Rowzee and James Halstead, and alleged that the plaintiffs were cheated out of over thirteen million dollars in a Ponzi scheme.
William Buus Represents Former Members Of The Bay City Rollers In New York Suit Brought Against Arista Records
September 9, 2007 | Irvine, CA
William Buus represents Ian Mitchell, Gordon Clark, and Pat McGlynn, three former members of the Bay City Rollers, in a New York federal ca99;"> | Irvine, CA
William Buus represents Ian Mitchell, Gordon Clark, and Pat McGlynn, three former members of the Bay City Rollers, in a New York federal case originally brought by five other former members of the band against Arista Records for its alleged failure to pay royalties for nearly thirty years. Ian Mitchell (guitarist and vocalist), Gordon Clark (vocalist) and Pat McGlynn (guitarist) have sought an order allowing them to intervene in the action so they may recover their fair share of those royalties as well.
The Bay City Rollers were popular in the mid-1970s with hits such as "Dedication," "Bye, Bye, Baby," "Saturday Night," and "I Only Want To Be With You." They released a number of albums in the 1970s and 1980s, and several compilations were released both before and after they parted ways in the 1980s. Their songs may be downloaded online, and may be heard insuit was brought, the original plaintiffs apparently either forgot or downplayed the significant contributions Ian Mitchell, Gordon Clark, and Pat McGlynn made to the band and its popularity; they wanted to cut our clients out," William said. "We wanted to make sure that didn't happen."
As of now, William' motion to allow his clients to intervene in the case is still pending, as is Arista Records' motion to dismiss the action for failure to state a claim. No trial date has been set yet.
Trial Lawyer William L. Buus, Finishes Another Trial
September, 2007 | Irvine, CA
Recently, William Buus finished yet another trial in Orange County Superior Court. In that case, his client was sued for breach of contract stemming from certain real estate transactions. The trial lasted seven days and, while the jury was deliberating, plaintiff's settlement demand dropped. Plaintiff ultimately agreed to settle for a sum that BKKT's client offered before trial began.
Client Defended In Texas Federal Patent Infringement Case
June, 2007 | Irvine, CA
One of William Buus' clients, a golf product supply company, has been sued in Texas for allegedly infringing on a patent covering devices that calculate the yardage between objects on a golf course. For example, such a device would calculate the distance between a golf ball and the golf cup or a hazard. William' client claims, among other things, that the patent is invalid for obviousness (in other words, it's not a protectable invention under the Patent Act) and that its GPS device does not infringe the patent nevertheless.
William Buus has been named a 2006 "Rising Star" by Los Angeles Magazine
October 2006 | Los Angeles, CA
Because of his litigation successes, William Buus has been invited to join the Million Dollar Advocates Forum, a register of attorneys who have obtained multi-million dollar verdicts, and has been named as one of Los Angeles Magazine's 2006 "Rising Stars," having been chosen by his peers as being among the top up-and-coming lawyers in Southern California.
