The firm's lawyers subscribe to the conventional wisdom that most motions are won on the briefs, and they are delighted when the judge invites the parties to submit on the papers. Here are examples of briefs the firm has filed:

Motion to dismiss
Asser v. Berber, Case No. 03-CV-1064-A (U.S.D.C., E. D. Va.). On behalf of three brokerage firms, the firm moved to dismiss claims alleging violations of the federal securities laws and RICO or, alternatively, to compel arbitration. The Court granted the alternative motion to compel arbitration without reaching the merits of the underlying claims. Opening Brief. Reply Brief.

Motion to strike class allegations
Alston v. Discover Brokerage Direct, Inc., Case No. 301616 (S.F. Superior Court). On behalf of a brokerage firm, the firm moved to strike the class allegations in an action alleging violations of the Consumer Legal Remedies Act. The Court granted the motion and ordered the plaintiff to submit his individual claim to arbitration. Opening Brief. Reply Brief.

Motion opposing application for TRO
Merrill Lynch, Pierce Fenner & Smith, Inc. v. Houghton, Case No. 00-00190 (Contra Costa County Superior Court). On behalf of a broker, the firm successfully opposed an application for a temporary restraining order prohibiting him from contacting customers. Memo. of P&A In Opposition to Application for TRO.

Motion in support of application for TRO
Wells Fargo Securities, Inc. v. Lance, Case No. 305184 (S. F. Superior Court). On behalf of a brokerage firm, the firm successfully sought a temporary restraining order prohibiting a former broker from soliciting customers. Memo of P&A In Support of Application for TRO.

Carter v. Goldman Sachs & Co., Case No. 320038 (San Francisco County Superior Court). On behalf of a broker, the firm sought a temporary restraining order prohibiting his former firm from enforcing a restrictive covenant against him. Memo of P&A In Support of Application for TRO.

Motion to compel arbitration
Asser v. Rea, Case No. 413497 (San Francisco County Superior Court). On behalf of a brokerage firm, the firm successfully sought an order compelling arbitration based on an arbitration clause in a contract between the customer and a clearing firm incorporated by reference in the new account application. Opening brief. Reply brief.

Motion for summary judgment
Oracle Corporation v. Warranty Corporation of America, Case No. C 03-3146 PJH (U.S.D.C., N. D. Cal.): On behalf of a software company, the firm successfully obtained summary judgment on the company's claim for software license fees. Opening Brief. Reply brief.

Lissberger v. Wells Fargo & Company, Case No. INC 023324 (Riverside County Superior Court): After having obtained an arbitration award in favor of a brokerage firm and two of its employees, the firm successfully obtained summary judgment in the stayed state-court action on behalf of the brokerage firm's parent and sister corporations. Opening Brief.

Opposition to Motion for summary judgment
Nordahl v. Crow Family 1991 Limited Partnership, Case No. 973719 (San Francisco County Sperior Court): On behalf of limited partners, the firm opposed the partnership's motion for summary judgment. After receiving the opposition brief, defendant withdrew its motion and proposed settlement. Plaintiffs' Opposition to Motion for Summary Judgment.

Appellate briefs
Kaufmann v. World Savings, Case No. No. A071289 (1st Dist. Ct. App.): On behalf of a federally chartered savings association, the firm successfully defended on appeal the judgment it had obtained for the association after a bench trial. Respondent's Brief on Appeal.

Ugarte v. Atlas Securities, Inc. Case No. CO43720 (3rd Dist. Ct. App.): On behalf of a bank broker-dealer, the firm successfully defended on appeal a judgment it had obtained sustaining a demurrer to plaintiff's claims. Respondent's Brief on Appeal.