Michael F. Donner

Select examples of Michael’s prior practice experience includes:

• Represented consumer product company in international and California proceedings involving claims for breach of contract and fraud. Settled the dispute before trial for $42,000,000 in total compensation.
• Represented three defendants in multi-million dollar breach of contract action filed by an American multinational technology company involving the recycling and destruction of its devices. Successfully terminated the suit at the pleading stage and before the commencement of discovery based on a single motion to dismiss. Prevailed on motion to dismiss two defendants. Plaintiff voluntary dismissed the third. (Apple, Inc. v, Allan Associates, et. al., N. D. Cal. March 27, 2020, Case No. 5:19-CV-08372-EJD.)
• Represented real estate company and its principals in internet defamation action. Obtained affirmance from the First District Court of Appeal of trial court’s order denying defendant's anti-SLAPP motion to plaintiffs' defamation claim. In its unanimous opinion, the appellate court rejected defendant's arguments that anonymous Yelp postings were protected free speech and that his postings were not defamatory. (Bently Reserve, L.P. v. Papaliolios, 218 Cal.App.4th 418 (2013).)
• Represented software company in unfair competition and false advertising class action. Obtained dismissal of proposed class action after court ruled plaintiff failed to adequately allege that anti-virus software erroneously reported computer errors and misled consumers. (Bilodeau v. McAfee, Inc. (N.D. Cal. June 24, 2013, Case No. 12-CV-04589-LHK.)
• Represented software company in two unfair competition and false advertising class actions. Obtained dismissal of California Consumer Legal Remedies Act claim, a matter of first impression for the court. (Ferrington v. McAfee, Inc., 2010 WL 3910169 (N.D. Cal. Oct. 5, 2010) (holding that software falls outside scope of California's Consumer Legal Remedies Act).)
• Represented manufacturer in action against multinational conglomerate for trade secret misappropriation, unfair competition, breach of contract, and fraud in the Sonoma County Superior Court. Manufacturer prevailed after jury trial.
• Represented telecommunications company in action against competitor for unfair competition and breach of contract in the U.S. District Court for the Central District of California. Company prevailed after jury trial.
• Represented investment bank in arbitration proceeding by former employee for wrongful termination, promissory fraud and breach of contract. Investment bank prevailed after arbitration merits hearing.
• Represented multinational pharmaceutical company in action by former employee for wrongful termination and breach of contract in the U.S. District Court for the Central District of California. Obtained summary judgment in favor of company. Judgment upheld on appeal by U.S. Ninth Circuit Court of Appeals.
• Represented well-known winemaker in connection with separation of his employment from multinational beverage corporation. Obtained favorable separation terms for client. Negotiations prompted revision of corporation's incentive compensation plans.
• Represented former CEO of Fortune 500 company in dispute with corporate employer over termination. Resolved dispute on terms favorable to former CEO following negotiations resulting from single demand letter.
• Represented homeowners in defect nondisclosure dispute with sellers and their design professionals. Settled the dispute prior to the filing of a lawsuit for over $1,000,000.
• Represented high net worth family in action arising out of alleged undisclosed construction defects. Settled the dispute after obtaining key witness testimony, with seller agreeing to underwrite entire cost of repair and all legal fees and costs.