Friedman & Springwater LLP
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Friedman & Springwater LLP
350 Sansome Street
Suite 210
San Francisco, CA 94104
T: 415.834.3800
F: 415.834.1044


REPRESENTATIVE MATTERS


Appellate Litigation

  • Represented a transportation industry group before the California Court of Appeal and the California Supreme Court in challenges to the CPUC’s Transportation Network Company (TNC) decisions, including an original CEQA petition to the California Supreme Court.
  • Represented a group of small rural telephone companies before the California Court of Appeal as amici curiae, concerning the CPUC’s decisions related to a funding program for small independent telephone carriers.
  • Represented an agricultural supply company before the California Court of Appeal, which upheld the Superior Court’s grant of a motion for summary judgment in favor of the client.
  • Represented shareholders in appeal of Bankruptcy Court’s orders in a Chapter 11 case. The firm was able to insulate the shareholders from further litigation arising out of the bankruptcy.

Bankruptcy

  • Represented Fortune 500 tech company in bankruptcy cases of Eastman Kodak and Technology Properties Limited with respect to intellectual property license issues.
  • Represented the largest unsecured creditor and chaired the creditors committee in a Chapter 11 bankruptcy of a national consumer-electronics retail chain.  Negotiated a favorable settlement that provided for the allowance of the international technology company’s claims and a release of potential liability.
  • Represented several creditors in the Lehman Brothers Chapter 11 case with respect to claims relating to ISDA and SWAP agreements, and assisted clients with the sales of their claims.
  • Represented online mortgage lender in dissolution and wind down of its operations and negotiation of liquidation with its lender. The matter involved in excess of $300 million.
  • Represented two related high-tech corporations that manufactured ceramic components for silicon chip manufacturers, solar, automotive, and other industries. The manufacturing process of these components created a byproduct of toxic waste that had been left untreated. The firm obtained approval for an in-Court Chapter 11 auction of the assets free of the toxic waste claims.  The firm then negotiated a complex compromise with landlord creditors and state and federal regulatory agencies for the legal disposal of the hazardous materials and incorporated that settlement into a confirmed Chapter 11 plan of reorganization.
  • Represent a private-label credit card provider in many retail bankruptcies throughout the country.
  • Represented the Chapter 11 debtor and the Chapter 11 trustee in companion cases involving disputed claims by attorneys for fees.  The firm litigated the validity of a $4.0 million claim of attorney’s lien that resulted in a judgment avoiding the lien and making the funds available to the trustee for the settlement of other claims.
  • Represented one of the largest creditors in the multi-national insolvencies of Trigem, Inc. and its affiliates. Trigem manufactured personal computers for many nationally known brands. The client served on the creditors’ committees in United States and Korea.
  • Represented Cody’s Books, Inc., the iconic Berkeley landmark and family-owned book store, in a corporate restructuring and the ultimate sale of the business.
  • Represented lender in Chapter 11 case of developer of two partially- completed condominium projects and one planned development of 25 single family homes. Obtained relief from stay and negotiated the sale of the note.
  • Represented regional bank and largest secured creditor in bankruptcy of major real estate developer involving more than 200 parcels of real property in Sonoma and Napa counties.
  • Represented lenders and borrowers in numerous debt restructurings including a children’s activity book manufacturer and an aircraft carrier operating as a museum in Alameda California. 
  • Represented several guarantors in connection with the restructuring of over $450 million in securitized loans relating to over 200 apartment buildings in San Francisco held by over 30 limited partnerships.  This matter involved senior debt, junior debt, the bankruptcy of certain entities, foreclosures on certain real property, restructuring of debt, as well as litigation in state and federal courts.
  • Represented numerous lenders in Chapter 11 cases involving commercial and residential property.
  • Represent creditors as defendants in preference litigation in all types of bankruptcy cases throughout the country.

Civil Litigation

  • Represented a large service-corporation vendor and successfully defended a competitor’s challenge to its status as a certified woman-and-minority-owned business enterprise.
  • Initiated, prosecuted and successfully resolved a shareholder’s derivative suit for breach of fiduciary duty against the Board of Directors of a company specializing in innovative water management and conservation technologies.
  • Represented an agricultural corporation’s sole shareholder and president and 19 defendants in a state administrative proceeding before the California Agricultural Labor Relations Board defending against allegations of derivative liability and alter ego.
  • Represented a public water district in litigation of claims related to jurisdiction and validation of public agency actions.
  • Represented a public water district in California Environmental Quality Act (CEQA) litigation concerning a major water supply project.

Commercial Transactions

  • Represented online lender in structuring bankruptcy remote vehicle in a complex loan sale transaction.
  • Represented online lender in numerous transactions involving sale of loans.
  • Represented fund in securitization of loan portfolio in excess of $50 million.
  • Represented lenders, as agents, in numerous senior-secured syndicated financing transactions with credit facilities ranging from $5 million to $100 million.  The financings included a combination of term loans and revolving loans as part of front-end transactions and complex restructurings.  The transactions involved a variety of collateral, including basic hard-asset collateral, intellectual property collateral, agricultural collateral and collateral located internationally.  Many of the deal structures required addressing intercreditor and stockholder issues, with deals often including numerous guarantors, domestic and international.  
  • Represented purchasers and sellers of accounts receivable, including global financial services company in numerous receivables purchase programs for facilities aggregating more than $400 million.
  • Represented a multinational computer company, for the design and manufacture of personal computers throughout the world.  Drafted and negotiated several global and regional Original Design and Manufacture Agreements that required a detailed level of understanding of the operational and manufacturing process, service and support agreements, and different business models.
  • Represented lenders in venture capital financing of start-up entities. In addition to loan documentation, F & S prepared convertible debt instruments, warrants, and other equity documentation.  Collateral security involved perfection and protection of intellectual property, which was often the sole asset of value.
  • Represented manufacturing company with a major initiative in China to establish a new entity in a Chinese province. This major undertaking required reviewing, drafting, and negotiating documentation with representatives in the United States and China.
  • Represented many small business entities and owners in business acquisitions, and the resolution of related shareholder issues.
  • Represented holders of intellectual property and other personal property collateral in multiple private, public, and strict foreclosure sales.

Regulatory Litigation

  • Represented a public water district in complex proceedings before the California Public Utilities Commission to establish a public-private partnership with a regulated water public utility so that the public utility could proceed with  ownership and operation of a critically-needed $400 million regional desalination water supply project.
  • Represented a major California electric public utility in multiple lawsuits in the U.S. Court of Federal Claims and the Los Angeles County Superior Court seeking billions of dollars in damages against the United States, several Cities, and multiple municipal utilities for overcharges in wholesale electric power sales to California public utilities made during the California Energy Crisis of 2000-2001.
  • Separately retained by three large California public utilities to provide professional responsibility training for hundreds of company officers, executives, attorneys, and other practitioners concerning compliance with the rules and ethical requirements of the California Public Utilities Commission applicable to transacting business with the Commission.
  • Represent a public water district before the California Superior Court, the California Court of Appeal and the California Supreme Court in complex California Environmental Quality Act challenge to a major water supply project.
  • Represented an agricultural company in a complaint before the CPUC regarding the company’s private railroad crossing, reaching a favorable settlement within six months of filing.