Bernie is a member of the Reed Smith Global Commercial Disputes Group.
Experience
Representative matters
Representative matters
Indian Gaming litigation stay from Ninth Circuit which allowed tribal gaming until passage of state constitutional amendment; negotiation of tribal-state compact and Amendment with Governors, and obtaining approval from state Legislature.
Unanimous jury verdict in Palm Springs, Ca. for financial institutions [Compass Bank and Stabilis Fund II] defendants in a civil action for breach of a secured loan modification agreement and obtained prevailing party attorneys’ fees in excess of $1.2 million. Following jury verdict, one adversary filed a bankruptcy proceeding, and Bankruptcy Court granted motion for relief from stay, which allowed one client to proceed with a non-judicial foreclosure sale. Then, in a consolidated action, obtained summary judgment for over $6.2 million on behalf of sold out junior lender.
Obtained trial court judgment for money owed to client by a commercial customer and defeated customer’s cross-complaint for defective products. For same client, in another matter, obtained full release of claims under the Americans with Disability Act.
Indian Gaming litigation stay from Ninth Circuit which allowed tribal gaming until passage of state constitutional amendment; negotiation of tribal-state compact and Amendment with Governors, and obtaining approval from state Legislature.
Unanimous jury verdict in Palm Springs, Ca. for financial institutions [Compass Bank and Stabilis Fund II] defendants in a civil action for breach of a secured loan modification agreement and obtained prevailing party attorneys’ fees in excess of $1.2 million. Following jury verdict, one adversary filed a bankruptcy proceeding, and Bankruptcy Court granted motion for relief from stay, which allowed one client to proceed with a non-judicial foreclosure sale. Then, in a consolidated action, obtained summary judgment for over $6.2 million on behalf of sold out junior lender.
Obtained trial court judgment for money owed to client by a commercial customer and defeated customer’s cross-complaint for defective products. For same client, in another matter, obtained full release of claims under the Americans with Disability Act.
Represented financial institutions on Indian law issues in connection with loans to Indian Tribes for construction of Class III casinos and other Tribal business ventures.
Unanimous jury verdict for client in Los Angeles Superior Court litigation against wealthy business executive for various tort claims.
Settlement of first play or pay contract litigation by entertainer against Las Vegas Casino.
Settlement of Billy Jack Production claims against Hollywood production companies and financial institution.
Summary Judgments for financial institutions on fraud claims by borrowers.
Jury verdict in patent infringement action.
Arbitration trial in brother vs. sister disputes on family framing and real estate assets after death of father.
Los Angeles Superior Court probate litigation defense of claims between family members after death of father.
Settlement of personal injury claims against music entertainer by tenant of residence.
Settlement of litigation between neighbors in Bel Air and Beverly Hills over real property boundary line disputes and prescriptive easement claims.
Settlement of disputes between unmarried couple after their romance ended and celebrity client returned to England.
Litigation between construction project owner and General contractor and obtaining Lambert motion ruling on Stop Payment Notices to Construction Lender.
Litigation between entertainer and General Contractor for luxury residence.
Settlement of luxury property owner’s claims against General Contractor on remodel of residential property.
Summary Judgment in state court litigation involving corporate governance, authority of corporate Board of Directors and determination of shareholders.
Acted as Counsel to Tribal Gaming Commission in Palm Springs.
Testified before Ca. Legislature on amendment of Tribal Government’s Compact with State of California.
Represented a U.S. Life Insurance Company in obtaining Summary Judgment in California Federal Court and criminal conviction in Toronto, Canada Court on fraud by third party administrators in Toronto and Beverly Hills involving premiums handled for automobile purchasers’ of life insurance.
Represent the sole General Partner in a lawsuit commenced by the widow of the now deceased co-General Partner and his two adult sons, with all 3 Plaintiffs being limited partners of a California Limited Partnership, regarding claims of financial elder abuse, fraud, breach of fiduciary duty, breach of implied covenant, accounting, and other related causes of action.
Client Production Company's former officer, during and after his employment, diverted for his own benefit a film project. Client commenced Arbitration, administered by JAMS. Arbitrator awarded Client monetary damages for breach of contract, after full evidentiary hearing. Petition to confirm arbitration award filed in Los Angeles Superior Court; and, after contested hearing involving issues of due process, Judgment was entered in favor of Client.
Sears Roebuck vs. Crown Northridge Associates: January, 2011 Los Angeles County Superior Court Judgment in favor of Client Sears Roebuck following jury trial on bifurcated claim for substantial damages arising from grant of Right of First Refusal on Glendale parcels adjacent to parcels sold when client did not own ROFR parcels but did lease them with an absolute right to buy at fair market value for another 35 years. Jury verdict for client on all but one claim and Judgment NOV granted on that 1 claim.
Transamerica Occidental Life Insurance Company v. Ron Gordon: USDC fraud and conversion judgment for client against third party administrator
Transamerica Occidental Life Insurance Company v. Toronto Dominion Bank: Judgment for client against Toronto, Canada bank for knowledge of fraudulent conversion of insurance premiums by third party administrator
Town Center Health Club and Spa adv. Town Center Associates: Orange County jury defense verdict for client in unlawful detainer lawsuit
Transamerica Life Insurance Company v. Jund: Arkansas arbitration award in favor of client
Wiener v. Tillack & Co.: USDC Judgment for client based on conversion of classic racing Porsche
William Ellis adv. Ruth Prodan: LASC Central jury verdict for client in sexual harrassment and fraud action
Credentials
Education
Education
- University of California, Hastings College of the Law, 1967, J.D., Thurston Honor Society, 1967, Member of Hastings Law Review, 1966-1967 (published); Member of Hastings Moot Court Board, 1966-1967; Order of the Coif, 1967
- Rutgers University, 1964, B.A.
Professional admissions & qualifications
Professional admissions & qualifications
- California
- Washington
- Nevada
- Pennsylvania
- Texas
- Ohio
- Florida
Court admissions
Court admissions
- U.S. Supreme Court
- U.S. Court of Appeals - Federal Circuit
- U.S. Court of Appeals - Ninth Circuit
- All State and Federal Courts - California
- U.S. District Court - District of Arizona
- U.S. District Court - Eastern District of Arkansas
- U.S. District Court - Western District of Arkansas
- Federal Circuit Court of Appeals
Professional affiliations
Professional affiliations
- California Trial Lawyers Association
- Association of Trial Lawyers of America
- Los Angeles County Bar Association
- American Bar Association
- Los Angeles County Superior Court – former Judge Pro Tem and Arbitrator