There is no substitute for victory.

Our lawyers have tried cases across the country; we’ve represented Fortune 500 companies and the individuals suing them; we’ve defended lawyers, FBI Agents and police officers from criminal prosecution and, in prior jobs, prosecuted some of the most notorious white-collar cases of the past decade. The common denominator is our consistent ability to deliver superior results to our clients.

Frank Sims & Stolper LLP · Newport Gateway · 19800 MacArthur Boulevard · Suite 855 · Irvine, CA 92612
(949) 201-2400

Selected Civil Cases

The Eden Memorial Park Cemetery Class Action.  Prior to forming FSS, our lawyers were among the lead counsel who successfully certified a class action of over 25,000 families against Service Corporation International, the largest owner and operator of cemeteries in the United States. The case involved a Jewish cemetery in Los Angeles where employees were ordered to break burial vaults in neighboring graves in order to make new graves fit.  The case included claims for fraud and violation of various consumer protection statutes.  This case was also one of the rare class actions that actually went to trial before a jury.  It settled during the fourth week of trial for $80,500,000.

Pelicano Wiretapping LitigationWe represent AT&T in the Anthony Pellicano wiretapping litigation, including defending a putative class-action and 18 individual lawsuits in state and federal court.  To date, we have successfully resolved 12 of the individual actions via dispositive motions, and secured favorable settlements in the proposed class action and 5 other individual actions.  The last remaining action is scheduled for trial in 2017.

Mercedes Benz Seat Heater Class Action.  We obtained a nationwide class action settlement against Mercedes Benz related to an alleged defect with the seat heaters in certain Mercedes Benz vehicles.  The value of the settlement is over $80 million.  The Court granted preliminary approval of the settlement.  The final approval hearing is set for March 2018.

Quorn Foods Class Action.  We secured a nationwide settlement of a false advertising class action against Quorn Foods, Inc. related to its failure to disclose that its products contain mold.  Under the settlement consumers can obtain a full refund and Quorn must prominently disclose that its products contain mold.

Hewlett Packard Employment Class Action.  With co-counsel, we represent a certified class of current and former employees of Hewlett Packard, Hewlett Packard Enterprises and HP, Inc in California.  The case relates to HP’s alleged failure to timely pay commissions to their sales representatives.

The LA Fitness Class Actions.  Our lawyers served as counsel representing LA Fitness in a number of class actions across the county, including a nationwide class action in Pennsylvania.  The cases involved various challenges to LA Fitness’ membership terms and billing and cancellation practices, including claims for fraud and violation of consumer protection statutes.  The nationwide class action was named one of the 10 most significant cases of the year after we secured a favorable result on behalf of LA Fitness.

Meridian Funds Litigation:  Prior to forming FSS, our lawyers were among those that litigated an aiding and abetting fraud and aiding and abetting breach of fiduciary duty case against the Commerce Bank of Washington.  Investors in the Meridian Funds brought the case alleging the Bank played a role in a $150 million Ponzi scheme related to the Meridian Funds.  After defeating multiple summary judgment motions by Commerce Bank, a confidential settlement was reached on the eve of trial.  Audit malpractice claims against Moss Adams, LLP were also resolved on a confidential basis.

The Estate of Jonathan Spound v. SSV Properties. Our lawyers represented the Estate of Jonathan Spound in a partnership dispute concerning a $330 Million commercial real estate development in El Segundo, California. We were able to successfully prove that Jonathan Spound, prior to his death, was a partner in the development and entitled to over 30% of the profits even though there were no written contracts and his partners were denying any such agreements. The case settled shortly before trial, resulting in the Estate receiving over 30% of the profits from the sale of the development.

The Pacific Coin Payphone Litigation. Our lawyers represented a payphone company against William E. Simon & Sons and its investors in a case involving claims for fraud, unfair competition and breach of fiduciary duty.  After a one-month jury trial, the jury unanimously ruled in favor of our client and awarded over $32.2 million in compensatory damages and $65 million in punitive damages for a total verdict of over $97.2 Million.

The GE Healthcare EBT Scanner Litigation.  Our lawyers represented GE Healthcare in a number of consumer actions across the country relating to claims that GE Healthcare fraudulently failed to disclose its plans to stop supporting certain medical scanning devices.  We obtained judgments in GE Healthcare’s favor in all of the cases, including a defense verdict after a three-month jury trial in Santa Barbara, California.

Selected Criminal Cases

Our greatest criminal victories are the ones we don’t talk about: an individual or company is targeting by the Department of Justice or some other part of the government, and we are able to persuade the authorities not to take action.  We understand that charges, whether founded or not, can irrevocably damage reputation.  Because of this understanding, we are particularly proud that lawyers, doctors, and members of law enforcement routinely turn to us when they find themselves under government investigation.

United States v. Kenneth Lay and Jeffrey Skilling (Enron).  One of our lawyers was selected by the Department of Justice to serve on the elite Enron Taskforce’s prosecution of Kenneth Lay and Jefrey Skilling in Houston, Texas. For this work, our lawyer was awarded Attorney General’s Award for Exceptional Service – the highest honor bestowed by the Department of Justice.

United States v. Former FBI Agent.  One of our lawyers obtained a finding from a federal judge that a former FBI Agent was “factually innocent” of a crime to which he pleaded guilty and was able to have his federal conviction overturned and expunged.

United States v. Paul Mikus and John Cracchiolo (Endocare).  One of our lawyers prosecuted what was, at the time, the largest corporate fraud case in Orange County’s history, resulting in the convictions of CEO and CFO of this NASDAQ listed company.

United States v. Dmitri Shubov (Legalmatch).  In a first-of-its-kind case, one of our lawyers convicted a CEO of hacking into a rival’s computer system.

United States v. Pamela Houchen.  One of our lawyers prosecuted and convicted the former mayor of Huntington Beach, California, for fraud and corruption.

United States v. Kenneth Ketner and Allen Johnson.  One of our lawyers prosecuted a massive hybrid Ponzi-scheme mortgage fraud case, convicting the CEO and general counsel of Mortgage Capital Resources.

United States v. Thomas Burton.  One of our lawyers prosecuted and convicted attorney Thomas Burton for international money laundering.

United States v. William McMahon and Sean Volin.  One of our lawyers prosecuted and convicted executives from two technology companies for a kick-back scheme.

Frank Sims & Stolper is pleased to announce recent approvals of class action settlements against Mercedes Benz USA, Hewlett-Packard and Quorn Foods.