Notable Cases

David Hicks was a California Deputy Attorney General and a Deputy District Attorney for Alameda County from 1972-1978. He is a civil litigator in private practice since 1978. He has successfully tried more than 400 superior court trials, won more than 60 appeals and prevailed in well over 100 administrative hearings before governmental bodies in regulation, taxation, licensing and labor matters.

Illustrative cases (alphabetical):

Almeida v. Peat Marwick Mitchell & Co. and consolidated class actions (represented Bank of the West in Chancery Court in Delaware and in Alameda County). Counsel for Bank of the West to represent 139 of its employees in the most complex consolidated class action case then pending before the Superior Court in Alameda County (45 lawyers). Confidential settlement facilitated.

Bash Ali v. World Boxing Federation, Inc. $2.1 Million damages judgment; Permanent Injunction against unfair business practices; restoration of Cruiserweight Championship.

Camacho v. Sixty Minutes, Mike Wallace, Leslie Stahl et al. "Amicably settled" confidential settlement of defamation case on behalf of Director, Regional Service Center, United States Customs, San Diego. Mike Wallace breached settlement agreement to personally read apology ultimately read by Leslie Stahl. (This settlement breach settled separately for additional $200,000, not confidential or within the "amicably settled" provision).

Crowe v. State of California (qua state) & Consolidated & Related Cases (more than 100) Superior Court, Alameda County: Over 15 years in duration. Won consent judgment against the California Department of Industrial Relations Division of Labor Standards Enforcement on nine different constitutional grounds for discriminatory enforcement practices. Awarded private attorney general fees of $1.2 million dollars per federal law by the Superior Court for resolving issues of public importance and "clearly demonstrated public service motivation," during first half of case.

Drazek v. Host Marriott Corp (attorney Johnnie Cochran, Real Party In Interest). Hired by Johnnie Cochran's firm to reverse senior federal court judge's ruling prohibiting attorney's fee for services to minor due to large fee won for another party. Court reversed itself and awarded additional fee of $356,073.

Fletcher v. Sohrabi Enterprises. Defense-settle case within 60 days of filing on advantageous terms.

Hidden Valley Ranch v. AVRI Companies Inc.; AVRI Companies Inc. v. Flaroma. Negotiated reversal of two insurers' refusal to defend or indemnify insured defendant-cross-complainant in complex trade secret case and facilitated settlement of case through mediation.

Lipscomb v. City of San Diego, Superior Court San Diego: Won a permanent injunction against the City of San Diego precluding enforcement of its own ordinances as violative of First Amendment Commercial Free Speech. Attorney's fees were awarded for performing services as a "Private Attorney General."

Lombard v. Continental Credit Insurance. New York City. Negotiated a six figure cash settlement on bad faith violation of territorial limitations on credit insurance with Continental Insurance Company on behalf of their New England general agent at initial pre-litigation demand conference, including an enforceable permanent injunction.

Miles v. Sierra Club: Jury trial, libel per se and falsity found. On appeal.

Montie S. Day, Esq. v. Robert W. Mills, Esq. Hired one month before trial and successfully prosecuted a 14 week bench trial, $1.21 million dollar decision by Court including granting of motion to amend complaint to add cause of action for conversion. Affirmed in full, opinion 5/3/01, 1 DCA.

Scentique, Ltd. v. Rosedust and R.F.M. Industries. Prosecuted trademark and copyright infringement. Won permanent injunction recovering product line worth millions in annual sales.

Schwartz v. NetCap Holdings et alia. IPO fraud and corporate director fiduciary duty. Via cross-complaint, won $2.9 million judgment against corporate president while defending de facto director.

Schwartz v. Netcap Holdings Inc. Successful defense of directors in multi-million dollar investment fund disappearance. Won $2,900,000 judgment on cross-complaint.

Sierra Lakes Reserve v. Flynn & Stewart. Prosecuted law firm for breach of fiduciary duty, over-billing and "soap opera" misconduct detrimental to client's interests. Negotiated reduction of over-billed legal fees from $200,000 to $45,000 payment on a no confidentiality basis.

Terrill v. UNUM, U.S. District Court for the District of Maine: Successfully negotiating a $3.4 million net cash to client settlement to overturn exercise of a 30 day no-cause termination clause against plaintiff general agents. $234,000 fee award.

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