Overview

Robert M. Waxman is a Partner and Firm’s Litigation Department.

Robert’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. Rpbert has been retained and has testified as an expert witness in a bad faith insurance dispute involving advertising injury and copyright infringement issues; in a law partnership dissolution case; and in a limited liability company breach of managing member fiduciary duty dispute.

Representative Matters

Reversed Anti-SLAPP Judgment and made new law with respect to false advertising allegations and commercial speech statutory exception.

Successfully opposed nationwide class action for zero liability, which sought substantial statutory and other tort damages for alleged privacy violations related to the federal Fair Credit Reporting Act and California Investigative Consumer Reporting Agencies Act.

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 attorneys’ fees and costs against the plaintiff for $625,000.

Tried and obtained judgment rejecting lawyer’s claim that he was a law partner despite partner level compensation, Martindale listings, advertisements and state bar filings made by the firm identifying that individual as a partner; and then holding that the complainant was not entitled to share in seven figure plus work-in-progress even though his written agreement with the firm provided otherwise.

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 attorneys’ fees 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 counsel’s withdrawal with prejudice of motion for class certification. Successfully litigated other class action wage/hour cases as well as WARN Act class action lawsuits for corporate employers who ultimately settled on extremely favorable terms.

Drafted complex law and partnership agreements for major law and accounting firms.

Honors & Affiliations

Honors & Recognitions

American Jurisprudence Award for Conflicts of Law

AV® Preeminent™ rating, Martindale-Hubbell

Top Lawyer, Pasadena Magazine, 2011 & 2012

Southern California’s Top Rated Lawyers, American Lawyer Media, 2012

Community & Professional

Law Review: UCLA Alaska Law Review, Editor-in-Chief

Media & Events

Publications

  • Lawyer Who Accused Firm of Financial Wrongs Loses Suit, Job
    Los Angeles Daily Journal, Verdicts and Settlements, 06.20.2008
  • Do Copyright Laws Provide Real Protection to Automobile Dealer Advertising and Sales Promotions?
    Published Interview, ECJ Legal Update, Spring 2003
  • The Ideal Partnership Agreement
    Published Interview, WallStreetReporter.com, 11.27.2000
  • Workers’ Compensation Laws Can Provide Some Protection to Employers Facing Wrongful Termination Claims
    ECJ Employment Law Reporter, 05.1995
  • Written Partnership Pacts Rare
    Published Interview, California Law Business, p. 29, 09.16.1991
  • Unfinished Business and Law Firm Dissolutions: The Rights and Duties of Partners During the Winding-Up Process
    Los Angeles Lawyer Magazine, 05.1990

Speaking Engagements

  • Covenants Not To Compete/Trade Secrets/Unfair Competition/Breach of Fiduciary Duty: How Much Protection Do They Really Provide To Medical Practitioners
    , 02.01.2006
  • The Perils and Pitfalls of Partnership Dissolutions
    , Fall 1990

Published Opinions

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)

Education

J.D., University of California, Los Angeles, School of Law, Los Angeles, Order of the Coif

American Jurisprudence Award, Conflicts of Law

Editor-in-Chief, UCLA Alaska Law Review

B.A., University of Southern California, cum laude

Admissions

  • California
  • 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 for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
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