Laura M. Mooney
Partner - ATTORNEY
Laura has represented clients in litigation arising out of contract, unfair competition, embezzlement, real property, trust administration and corporate control disputes. She has been part of four successful trial teams involving claims of the misappropriation of trade secrets, unfair competition, fraud and embezzlement. Her case work includes:
Represented trust beneficiaries in claims against the trust settlors’ attorney for malpractice in a multi-million dollar estate plan that resulted in the unintentional disinheritance of the clients. After working with trust counsel to obtain the court’s modification of the trust, the malpractice claim against the settlors’ attorney was successfully settled.
Represented a Palo Alto real estate brokerage and property management company in pursuing embezzlement claims against a longtime trusted employee. After a three week trial, judgment was entered in the company’s favor on all claims against the embezzler and her husband, who aided and abetted the embezzler’s misconduct. The multi-million dollar judgment included an award of treble damages and all of the client’s attorneys’ fees.
Represent a national snack food company in protecting its intellectual property rights and defending its trademarks and product trade dress from infringement. Monitor competitors’ use of product names and trade dress that may be confusingly similar to client’s trademarks and trade dress, with many claims settled prior to litigation and others settled shortly after litigation was filed.
Represented Southern California church in claims against its bank for aiding and abetting an embezzlement carried out by the client’s former financial officer, resulting in a successful settlement.
Represented investor in claims against his former lawyer for fraud and embezzlement. Trial of the matter resulted in judgment in client’s favor. The client was awarded damages for losses suffered plus significant prejudgment interest, as well as attorneys’ fees.
Pursued claims against a major national bank alleging it aided and abetted a large scale embezzlement from the client’s accounts at the bank. After defeating numerous attempts by the bank to dismiss the claims as a matter of law, the bank’s motion for summary judgment was successfully defeated after presenting persuasive evidence that the bank knew of the embezzlement. The case was then settled. Litigation included defeating the bank’s attempt to withhold relevant evidence by asserting the privilege for Suspicious Activity Reports (SARs) under federal banking law.
Represented an Oakland car dealership in claims against former CFO arising out of his multi-million dollar embezzlement of company funds. While litigating that embezzlement, a separate embezzlement scheme was uncovered involving the CFO’s daughter, who also worked for the dealership, requiring multiple claims against multiple wrongdoers, including those who conspired with the embezzlers and professional negligence claims against the dealership’s accountants. All claims were successfully concluded through settlements as well as a $12 million dollar judgment against the CFO and his wife, which included an award of treble damages. Litigating the multiple actions required the investigation and tracking of thousands of financial transactions and the tracing of stolen funds through numerous bank accounts and real property holdings.
Represented technology company in an unfair competition and misappropriation of trade secrets action against former employee who in leaving her employment to work for a competitor misappropriated the client’s trade secrets and breached her employment contract. The successful trial of the action resulted in judgment against the employee and her new employer, including entry of a permanent injunction and an award of damages and attorneys’ fees.
Represented owner of commercial real estate property in connection with claims against tenant for breach of contract and interference with economic relations after tenant interfered with client’s ability to complete improvements to commercial space adjacent to tenant’s space, in violation of an agreement entered into by the parties. Obtained temporary restraining order compelling tenant to provide access to tenant’s space and permit work to proceed in compliance with the parties’ contract, thereby ensuring client could complete improvements without tenant’s further interference.
Defended owner of residential apartment building against developer constructing a building on adjacent lot who claimed owner trespassed on developer’s property by diverting water onto its property. Litigation included the filing of a cross-complaint and litigating developer’s encroachment onto the client’s property and its interference with client’s easement on developer’s property. Action was successfully concluded through settlement.
Represented land owner in action alleging the owner interfered with plaintiff’s water right. Successfully defeated plaintiff’s application for a preliminary injunction and then successfully argued on motion for summary judgment that plaintiff could not establish the water right alleged in the Complaint. Litigating the action involved extensive legal and factual research to defeat plaintiff’s claim that it owned a pre-1914 appropriative water right.
UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW, magna cum laude
Juris Doctor, 1999
Extern, Honorable William Orrick, United States District Court, Northern District of California
CALIFORNIA STATE POLYTECHNIC UNIVERSITY-POMONA, cum laude
B.A., Political Science and Government
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S.District Court for the Southern District of California