Robert M. Waxman is a partner at the Beverly Hills law firm of Ervin Cohen & Jessup LLP, where he is a member of the firm’s Litigation Department. Mr. Waxman’s areas of practice include general business, commercial and information technology litigation: breach of fiduciary relationships, partnership and shareholder disputes, class action litigation, unfair competition and misappropriation of trade secrets, employment disputes, RICO litigation, computer software and intellectual property litigation, insurance coverage and bad faith disputes. Mr. Waxman has been retained and has testified as an expert witness in a bad faith insurance dispute involving advertising injury and copyright infringement issues. Mr. Waxman has been retained and has testified as an expert witness in a law partnership dissolution case. Mr. Waxman has also been retained and testified as an expert witness in a limited liability company breach of managing member fiduciary duty dispute.
Mr. Waxman is admitted to the State Bar of California and the United States District Court in the Central, Northern and Southern Districts of California. Mr. Waxman received his J.D. from the University of California School of Law, Los Angeles in 1979, where he was a member of the Order of the Coif, recipient of the American Jurisprudence Award for Conflicts of Law, and Editor-in-Chief of the UCLA Alaska Law Review. He attended the University of Southern California earning a B.A., cum laude, in 1976. Mr. Waxman maintains a Martindale-Hubbell Peer Review Rating of AV. Has been selected as a Top Lawyer by Pasadena Magazine for 2011 and 2012, as well as one of Southern Calfornia’s Top Rated Lawyers by American Lawyer Media for 2012.
Mr. Waxman is an author and lecturer in the areas of his expertise. Selected publications and conferences include: “Lawyer Who Accused Firm of Financial Wrongs Loses Suit, Job,” Los Angeles Daily Journal Verdicts and Settlements, Friday, June 20, 2008; Published Interview: “The Ideal Partnership Agreement,” Wall Street Reporter.com, Nov. 27, 2000; Published Interview: “Written Partnership Pacts Rare,” California Law Business, p. 29, Sept. 16th, 1991; “Unfinished Business and Law Firm Dissolutions: The Rights and Duties of Partners During the Winding-Up Process,” Los Angeles Lawyer Magazine, May 1990; Speaker: “Formation and Dissolution of Partnerships: Do’s and Don’ts,” Los Angeles County Treasure Hunt 2009 Doctor’s Program; “Covenants Not To Compete/Trade Secrets/Unfair Competition/Breach of Fiduciary Duty: How Much Protection Do They Really Provide To Medical Practitioners?” February, 2006, Meeting of the Health Care Section of the Los Angeles County Bar Association; “The Perils and Pitfalls of Partnership Dissolutions,” 1990 Fall Meeting of the San Bernardino County Bar Association.
A selection of Mr. Waxman’s significant accomplishments include the following:
- Reversed Anti-SLAPP Judgment and made new law with respect to false advertising allegations and commercial speech statutory exception.
- Tried and obtained judgment featured in the Los Angeles Daily Journal for professional law corporation and its shareholders who were sued for millions of dollars in damages and injunctive relief by one of the founding shareholders. The complaining shareholder filed nineteen separate claims for relief, including RICO, breach of fiduciary duty and accounting fraud, interference with business and wrongful termination. The plaintiff lost, with the law corporation obtaining judicial confirmation that grounds existed to expel the complaining shareholder for cause, along with an award of attorney’s fees and costs against the plaintiff for $625,000.
- Obtained substantial seven figure recovery and permanent injunctive relief in federal court misappropriation of trade secrets, statutory and common law unfair competition, patent infringement, interference with contract and prospective economic advantage and breach of contract lawsuit.
- Tried and obtained judgment in major automobile partnership dispute, with no relief awarded against ECJ’s owner/dealer-client, but a six figure damage award against the plaintiff owner-dealer as well as an award of attorney’s fee against him.
- Tried and prevailed on two different contempt of court citations, including entry of a contempt judgment sentencing the contemptuous defendant to federal incarceration and imposing substantial monetary fines against him.
- Successfully opposed class certification of 7,000 person wage/hour and commission claims class through class counsels withdrawal with prejudice of motion for class certification. Successfully litigated other class action wage/hour case as well as WARN Act class action lawsuit for corporate employers who ultimately settled on extremely favorable terms.
- Drafted complex law and partnership agreements for major law and accounting firms.
- Demetriades v. Yelp, Inc., 228 Cal. App. 4th 294 (2014), rev. den’d (reversing Anti-SLAPP judgment against ECJ client and making new law with respect to commercial speech)
- Noble Systems Corp. v. Alorica Central LLC., et. al., 543 F.3d 978 (8th Cir. 2008) (affirming defense judgment for ECJ client sued for $2MM+ in UCC priority / fraud / interference with contract and conversion case)
- CRST Van Expedited, Inc. v. Werner Enterprises, 479 F. 3d 1099 (9th Cir. 2007) (affirming judgment for attorneys’ fees awarded to ECJ after court found that misappropriation of trade secret claim had been filed and prosecuted by other side in bad faith).
Areas of Practice
- General Business and Fiduciary Relationship Litigation
- Commercial and Information Technology Litigation
- Professional Liability Litigation
- California, 1979
- U.S. District Court Central District of California
- U.S. District Court Northern District of California
- U.S. District Court Southern District of California
- U.S. Court of Appeals 8th Circuit
- U.S. Court of Appeals 9th Circuit
- University of California at Los Angeles School of Law, Los Angeles, California, 1979
Honors: Order of the Coif
Honors: American Jurisprudence Award for Conflicts of Law
Law Review: UCLA Alaska Law Review, Editor-in-Chief
- University of Southern California, 1976
Honors: Cum Laude
- Published Interview “Do Copyright Laws Provide Real Protection to Automobile Dealer Advertising and Sales Promotions?”, ECJ Legal Update, Spring, 2003
- “The Ideal Partnership Agreement,”, Wall Street Reporter.com, November 27, 2000
- Published Interview “Written Partnership Pacts Rare”, California Law Business, P. 29, September 16, 1991
- “Unfinished Business and Law Firm Dissolutions; The Rights and Duties of Partners During the Winding-Up Process”, Los Angeles Lawyer Magazine, May, 1990
- “Workers’ Compensation Laws Can Provide Some Protection to Employers Facing Wrongful Termination Claims”, ECJ Employment Law Reporter, May, 1995
- Speaker, “Covenants Not To Compete/Trade Secrets/Unfair Competition/Breach of Fiduciary Duty: How Much Protection Do They Really Provide To Medical Practitioners”, Meeting of the Health Care Section, Los Angeles County Bar Association, February 1, 2006
- Speaker, “The Perils and Pitfalls of Partnership Dissolutions”, Fall Meeting of the San Bernardino County Bar Association, 1990
Professional Associations and Memberships
- Ervin Cohen & Jessup, Litigation Department