Kent J. Schmidt

Recent and Ongoing Work

Represent developers of multi-million dollar commercial real estate development in defending against claims brought by disgruntled investors in multiple jurisdictions. (This litigation is ongoing and is pending in Los Angeles, New York and the International Centre for Dispute Resolution).
Successfully argued before California Court of Appeal in a significant case dealing with the statute of limitations under California’s unfair competition law. Aryeh v. Canon Business Solutions, Inc., 111 Cal. Rptr. 3d 211 (Cal. App. 2 Dist. June 22, 2010). The case is currently on appeal to the California Supreme Court.
Represented casino management companies in litigation brought by Native American tribe alleging a variety of contract, tort and antitrust claims. The case involved almost 100 depositions, dozens of court hearings, a six-week jury trial, post-trial motions, appeals and extensive post remand litigation efforts. (2006-2011)
Successfully resolved various disputes and issues arising in connection with an investigation by the SEC and the FDIC following a client’s acquisition of a failed bank in California. (2010)

Securities and Financial Institutions Litigation

Represented broker-dealer in claims brought by customers alleging unsuitability of investments and similar claims (experience with NASD, NYSE and FINRA arbitrations).
Represented Canadian financial institution in a class action lawsuit, prevailing on a motion to dismiss for lack of personal jurisdiction.
Represented securities clearing firm in successfully asserting claims against venture capital firm that failed to pay for multi-million stock purchase; also filed claims against the customer’s accountant for fraudulent statements made in connection with the transaction and the customer’s broker (NASD arbitration).
Represented broker-dealer in multi-state actions arising from sale of annuities issued by former affiliate. Actions were brought by ten separate state guaranty associations to recover payments to policyholders.
Obtained dismissal of federal class action filed by Milberg Weiss against venture capital firm and acquiring corporation for alleged securities law violations in connection with tender offer.
Successfully defended national bank in class action for alleged unfair business practices regarding safe deposit box access by successor trustees.

White Collar Crime/Compliance

Represented various public companies in connection with insider trading investigations.
Lead and coordinate internal investigations relating to compliance with Foreign Corrupt Practices Act and provide advice to companies relating to compliance policies. Conducted FCPA investigations in several countries including Europe, Asia and the Middle East.

Product Liability Litigation

Represent Fortune 500 business solutions corporation in warranty cases.
Represent Canadian technology company as nationwide counsel in claims brought by customers.
Represented surgical implant distributor in breach of warranty claim against manufacturer.
Represented Irish technology company in obtaining settlement from a dissolved Israeli subsidiary.
Obtained reversal of multi-million dollar default judgment entered against a medical equipment manufacturer in case alleging personal injury. (Default judgment was entered prior to the firm’s entry into the case.)

Entertainment Litigation

Represented management company in disputes concerning entitlement to management commissions from Guns N’ Roses revenue following the breakup of the band.
Represented musical band *NSYNC securing dismissal of action claiming copyright infringement in puppets by virtue of the use of photos of the puppets in concert merchandise.

Indian & Gaming

Represent various Native American tribes in litigation relating to tribal matters and contracts with gaming companies.
Obtained dismissal of a counterclaim in U.S. District Court based on tribal client’s sovereign immunity.

Other

Lead trial counsel for pro bono tenants in litigation asserting adverse possession theories against purported landlord based on landlord’s abandonment of property. (Tenants became owners of the property pursuant to a settlement reached the day before jury trial.)
Worked on litigation team representing the Florida Legislature in Bush v. Gore election dispute.
Represented Chinese dissident in political asylum application (pro bono).

November 21-27, 2011	Litigation Risks Arising From Failed Contract Negotions, Orange County Business Journal
February 23, 2011	California Supreme Court Rules on Pineda v. Williams-Sonoma
December 2009	"Is BAE Systems Too Big to Fail?: The Unintended Consequences of Anti-Bribery Investigations," The Anti Fraud Network Newsletter
June 10, 2009	"Bailout For California Action Plaintiffs Bar," Law360
June 8, 2009	Anticipated Trends in FCPA Compliance and Enforcement: The Obama Administration’s Challenges in a Worldwide Economic Crisis
June 1, 2008	"Beyond the Basics: Implementing an Anti-Bribery Program that Works" The Anti-Fraud Network
April 21, 2008	Foreign Corruption a Key Regulatory Concern for U.S. Companies
February 16, 2005	United States v. Booker: A Critical Change to the Federal Sentencing Guidelines
1999	"International Judicial Assistance in Civil Matters," Transnational Publishers, contributing author

Representative Work