Commercial Litigation: Attorney Webb Wins $2,075,000 Decision

Commercial LitigationSan Francisco – San Francisco trial attorney William Webb – founder of the Webb Legal Group – secured a $2,075,000 commercial litigation decision for his client, the Plaintiff – a San Francisco-based online travel agency – against three of its managers and a separate airline ticket consolidator they run for breach of contract and for breach of the managers’ fiduciary duties following a trial in San Francisco Superior Court.

In addition to winning the commercial litigation case, Mr. Webb also won several critical motions during the trial, including a ruling that prevented the Defendants from calling an expert witness to rebut Mr. Webb’s expert witness as to the amount of profits the Plaintiff lost as a result of the Defendants’ actions.

The background

This was a complex commercial litigation case in which several individuals, including the Defendants, created the Plaintiff, an online travel agency, as a start-up joint venture company, and began operation.  The Plaintiff’s business model was to obtain discounted airline tickets from the Defendants’ airline ticket consolidation company.  The parties agreed to utilize the Plaintiff to pass along those discounts to the traveling public.  However, when another company wanted to purchase the Defendant ticket consolidator and expressed concern about the discount relationship, the Defendants wrongfully cut off the Plaintiff’s ticket supply and started voiding tickets that had been issued to the Plaintiff’s customers, in a deliberate attempt to put the Plaintiff out of business.  The Plaintiff began to obtain tickets from other suppliers as quickly as possible, but its business was disrupted for more than a year.

The court’s decision

In all, the court found that the Plaintiff suffered $2,075,000 in lost profits during this time period.

In addition, the court held that the Defendant ticket consolidator may owe the Plaintiff even more money, and appointed a judicial referee to calculate exactly how much may still be owed.

The court agreed with the Plaintiff that its managers should not have acted in this manner, in breach of their fiduciary duties to the Plaintiff.  Under California law, a fiduciary, including a manager of a limited liability company, owes a duty of care and of loyalty to the beneficiary, which in this case was the Plaintiff.  In other words, as its managers, the Defendants owed the Plaintiff a duty of loyalty – i.e. to put the Plaintiff’s interests ahead of their own.  The court found that by trying to put the Plaintiff out of business, the Defendants failed to put the Plaintiff’s interests ahead of their own.

The Plaintiff’s CEO stated, “Mr. Webb quickly grasped the situation and laid out a thorough plan for trial.  I was amazed at how prepared he and his team were.  Bill did a great job in taking complex concepts and facts and distilling them into a story everyone in the courtroom could easily follow.  We really felt that he cared for us and believed in our case and us.  I couldn’t have asked for more in an attorney.”

The case later settled out of court on a confidential basis.

About the Webb Legal Group and its Commercial Litigation Practice

The Webb Legal Group was founded by attorney William Webb in 2008 following a distinguished career with several well established law firms.  Mr. Webb is an attorney with almost a quarter century of commercial litigation and other civil trial experience, and regularly teaches trial advocacy, including commercial litigation, to practicing lawyers through the National Institute for Trial Advocacy, the premier provider of learning-by-doing education for the legal profession.

The Webb Legal Group has recovered millions of dollars for its clients through its aggressive litigation, and has also successfully defended businesses and individuals accused of wrongdoing in commercial litigation cases, through trial and on appeal.  The firm practices everything from complex business and commercial litigation and intellectual property disputes to personal injury and probate litigation, among other areas.  For more information, please e-mail Mr. Webb or call 415-277-7200.

Jennifer D. Yu, Esq. joins the Webb Legal Group!

Jennifer Yu

The Webb Legal Group is pleased to announce the recent hiring of Jennifer D. Yu, Esq., as an associate attorney.

After graduating from the University of California, Berkeley with bachelor’s degrees in English and Economics, Ms. Yu began her legal career as a project assistant at Kirkland & Ellis in San Francisco.  While at Kirkland, Ms. Yu trained for two years in the litigation department and assisted attorneys representing clients in complex commercial litigation matters.

She then attended Notre Dame Law School in Notre Dame, Indiana, where she completed skills coursework in trial advocacy, deposition skills, and negotiations and served as an Articles Editor for the Journal of College and University Law, Volume 39.  Additionally, while in law school, Ms. Yu interned at Notre Dame’s Economic Justice Clinic and served clients in home foreclosure and debt collection proceedings.

Ms. Yu first joined the Webb Legal Group in 2013 as a paralegal, and was hired as an associate upon passing the California bar.  Her practice includes the defense of consumer financial services cases, and assisting clients involved in complex cases pertaining to commercial transactions, international litigation, and privacy rights, among others.

 

Congratulate Jennifer!

You can congratulate Jennifer by calling us at 415-277-7200, or by e-mailing her at jyu@webblegalgroup.com.  You can learn more about Ms. Yu by visiting her web page.

 

 

William Webb Appointed Business Law Section Treasurer

William Webb Appointed Business Law Section TreasurerOctober 2013, San Francisco. William Webb has been appointed as the Treasurer for the Executive Committee of the Business Law Section of the State Bar of California for the 2013 – 2014 fiscal year. As treasurer, he will report on the Business Law Section finances to the Executive Committee. The treasurer also works with the Business Law Section Standing Committees in establishing their budgets for the upcoming year.

“It is certainly an honor to have been appointed as the treasurer of this august group,” said Mr. Webb. “I look forward to exceeding the high expectations placed upon me.”

Mr. Webb joined the Executive Committee in 2012 as the former Chair of the Consumer Financial Services Committee of the Business Law Section of the State Bar of California. He has served on various subcommittees of the Executive Committee, including the Mentoring Subcommittee.

The State Bar of California is California’s official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline. It directly responds to the Supreme Court of California. Today, the State Bar of California is the largest state bar association in the United States, with 242,000-plus members as of January 2013, of whom over 179,000 are on active status.

The Business Law Section is the largest of the 16 voluntary Sections of the State Bar, with more than 12,000 members. The BLS has 15 Standing Committees that are actively involved in initiating, drafting and commenting on legislation and participation in regulatory reform at the state and Federal levels. The Executive Committee oversees the Business Law Section’s educational, legislative and publication activities.

Mr. Webb’s interest in the California State Bar is a result of the influence of his uncle, James Cullers of Mount Vernon, Ohio, who was involved in the Ohio State Bar, and served as the president of the Ohio State Bar Foundation in 1993.

Webb Legal Group Joins International Consortium

Webb Legal Group Joins International ConsortiumJune 6, 2013, San Francisco.  The Webb Legal Group has signed a memorandum of understanding to become one of the firms in a small but prestigious international consortium of law firms.  The signing ceremony took place as part of the 2013 Programme of the Belgian Economic Mission to the United States of America.  The signing ceremony was presided over by His Royal Highness Prince Philippe of Belgium and other dignitaries, and announced to the press.

The Webb Legal Group focuses its practice on assisting businesses and individuals faced with complex legal problems.  It is based in San Francisco, California, but assists clients in matters throughout the U.S. and the world, often by partnering with top attorneys located internationally, including those in the new international consortium.

In addition to the Webb Legal Group, other members of the international consortium include Brocorens, Bervoets and Defauw, of Brussels, Stimmel Stimmel and Smith and Weisbroth Law of San Francisco.

In the Memorandum of Understanding, the parties of the international consortium pledged to join their efforts and commitment to share experience, expertise, resources and value to the benefit of Belgian companies and entrepreneurs doing business in the USA, or intending to do so.  They also pledged to share their resources and experience in assisting American-based clients wishing to expand their business to the European Union.

Mr. Webb stated, “We are looking forward to working with our friends in the capital of the European Union, and continuing the relationships we have established over the years for the mutual benefit of our existing clients, and for those for whom doing business abroad is the next logical step.”

Before founding the Webb Legal Group, Mr. Webb studied international and comparative business law at the Notre Dame Law School in London, England, which well prepared him for a career assisting those involved in international business litigation.  As part of his studies, he published an article in the Journal of Legislation entitled The International Legal Aspects of the Lithuanian Secession, 17 Journal of Legislation 309 (1991).  For more information, contact William T. Webb.

 

American Lawyer Honors William Webb a Top Lawyer in California

William T. Webb Honored As Top LawyerJune 2013, San Francisco.  William Webb has been recognized by American Lawyer Media as one of the top lawyers in California.  Mr. Webb is the founder of the Webb Legal Group, located in San Francisco, California.  Mr. Webb focuses his practice in business, commercial and other civil litigation.  He founded the Webb Legal Group to provide sophisticated representation to individuals and businesses facing an increasingly complex world.

Mr. Webb is a 1988 graduate of the University of Notre Dame, located in Notre Dame, Indiana, as well as of its law school.  He began his practice more than twenty years ago trying cases in the areas of breach of contract, environmental contamination, insurance coverage, medical malpractice and personal injury defense, among others.  He was also involved in some landmark appellate cases in the area of municipal liability, and other areas.  Based upon his extensive trial experience, he was asked to join the faculty of the National Institute for Trial Advocacy at an early stage in his career, and he continues to teach with NITA.  He has tried cases in various state and Federal courts throughout the country.

American Lawyer Media is an integrated media company located in New York City, and is a leading provider of specialized business news and information, focused primarily on the legal and commercial real estate sectors.  ALM owns and publishes 33 national and regional magazines and newspapers, including The American Lawyer, the New York Law Journal, Corporate Counsel, The National Law Journal, The Legal Intelligencer, Legal Times and Real Estate Forum.  The company also produces conferences and trade shows for business leaders and the legal profession.  Law Journal Press, ALM’s professional book imprint, publishes over 130 treatises on a broad range of legal topics.

For more information, please contact William T. Webb.