BHIMANI
LAW

CIVIL LITIGATION

• One of the lead attorneys involved in a series of cases filed against Gilead Sciences alleging patent validity and tort claims as a result of Gilead withholding from the marketplace a superior drug for over a decade to maximize its profits from an inferior drug that caused individuals to suffer kidney and bone issues. Reviewed medical studies to draft the complaint; argued the demurrer; and eventually oversaw the formation of a California mass tort in San Francisco Superior Court that now includes over 20,000 cases.

• Lead attorney in a contract dispute against a government entity involving allegations that client misspent over seven (7) million dollars of federal funds. Before resolving matter on terms acceptable to the client, took depositions of high-level government officials and defended client depositions, argued multiple cross-motions for summary judgment, reported on the matter to the County Board of Supervisors, and prepared for trial.

• Handled all discovery and trial strategy for a qui tam action alleging over $200mm in damages brought by former employees alleging client violated the Anti-Kickback statute and the False Claims Act by linking patients into medical care. Drafted dispositive motions, conducted discovery, handled witness interviews, and took depositions. Won summary judgment in favor of client on all counts.

• Managed insurance recovery action against insurance company and broker for refusing to cover a claim for wrongful death resulting from a third-party drunk driver who attended an event sponsored by a client. Wrote and revised multiple motions for summary judgment that led to a complete settlement of the insurance recovery action and underlying case in client’s favor.

• Tried case involving a $5mm dispute between members of a limited liability company on whether actions taken by a majority of members violated the fiduciary duties owed to the minority members. Verdict in favor of client.

• Handled arbitration involving valuing a deceased shareholder’s shares in a closely held company pursuant to the terms in a shareholder buy-sell agreement.

 

EMPLOYMENT

• Tried an employment suit alleging client discriminated against employee due to her disability. Client approved settlement prior to verdict being issued. 

• Defended public agency in a suit brought by employee alleging discrimination, harassment, retaliation and hostile workplace. Handled all aspects of the litigation and won dispositive motion based on the pleadings.

• Represented school district being sued by the city to reopen its classrooms during COVID pandemic. Drafted witness statements to oppose issuance of an injunction against the school district that explained the restraints imposed on the school by, among other, the union employee contracts. 

• Sued fortune 500 company on behalf of a client for racial discrimination and hostile workplace. Negotiated a successful settlement.

• Pursued litigation on behalf of client for sexual harassment, gender discrimination, racial discrimination, hostile workplace, and retaliation. 

• Successfully led defense of a multimillion dollar class action wage and hour suit concerning whether bonus payments were properly classified by a multi-national client. 

• Achieved client objectives in defense of a private attorney general suit alleging improper payment of overtime to non-exempt employees.

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REAL ESTATE

• Tried a $500,000 commercial real estate lease dispute concerning exclusivity provisions.

• Argued motions for summary adjudication, deposed percipient and expert witnesses, and drafted motions in limine that limited the scope of a dispute as to whether a company’s corporate veil can be pierced to reach the parent company who made payments to creditors in a sale leaseback transaction.

• Opposed an application for a writ to attach order against a multi-national real estate acquisition company in an action arising out of a credit tenant lease financing transaction.

• Deposed percipient and expert witnesses, including the deposition of an expert witness regarding the fair market value of certain commercial real estate properties.

• Appeared in state and federal courts to argue motions, including a motion for summary judgment in a case involving a contractor suing to recover money paid to an unlicensed subcontractor.

• Handled unlawful detainer proceeding by the owner of a large business complex against certain residents of the complex.

ENTERTAINMENT

• Oversaw the drafting and negotiating of contracts for the production of a documentary. Negotiated the contract between creative and the production company and oversaw the images and materials covered within the documentary. 

• Provided advice on securing intellectual property rights to use quotes and images of celebrities in various marketing material. 

• Lead attorney representing an actor in a dispute on rights to royalties against a former agent and manager. 

• Negotiated above-the-line contracts for actors. 

HEALTHCARE

• Prepare for and first chair trial in a medical malpractice action concerning an alleged violation of HIPAA in the delivery of patient medication by a pharmacy. Case dismissed on dispositive motion.

• Argue before Cal-OSHA for stricter enforcement and more regulations on the use of condoms in the porn industry.