Exceptional Lawyers. Extraordinary Results.

Thomas Whitelaw litigators are courtroom veterans, possessing deep knowledge of courts throughout California and the nation, including appellate courts. We have tried highly technical and complicated cases to successful verdicts — time after time. Through our unique collective experiences from various national law firms and within global corporations, our attorneys offer insight from both a legal and business perspective. We embrace the latest technology and fight tirelessly for client results.

Our well-trained associates and paralegals play important roles in Thomas Whitelaw. From research to document filings to brief writing, they contribute to our teams and stay focused on client goals. These valuable team members help us to remain cost efficient.

Kolegraff, William J. Partner

Bio

Bill Kolegraff, a litigation partner with the Irvine office, is also a seasoned patent attorney registered with U.S. Patent and Trademark Office and a former business executive who managed a sizable intellectual property portfolio for many years. Mr. Kolegraff's litigation skills are informed by his experience.

Prior to joining Thomas Whitelaw, Mr. Kolegraff was Chief IP Counsel for Kyocera Wireless, a $1.4B wireless handset company. In that capacity, he directed all of Kyocera's patent litigation, which included litigation against Fortune 100 companies, non-practicing "trolls," and individual inventors. As a member of Kyocera's executive committee, Mr. Kolegraff advised senior executives on all aspects of intellectual property matters.

Mr. Kolegraff's practice spans a broad range of technologies, including wireless communication hardware and protocols for CDMA, GSM, Bluetooth, Zigbee, 802.1x, and RFID. He also has considerable experience in video, audio, and speech compression and encryption, as well as antenna and optical disc constructions.

Before joining Thomas Whitelaw, Mr. Kolegraff practiced as a patent litigator and patent prosecutor at Lyon & Lyon LLP and Baker & McKenzie.

Representative Cases

PATENT LITIGATION

  • Illinois Tools Works, Inc. v. MOC Products Company (S.D. Cal.): Represent Illinois Tool Works in a patent infringement action involving machines for servicing automotive transmission systems and intake systems.
  • On The Go v. AT&T (N.D. Ill.): Lead trial lawyer defending Cricket Communications against claims of patent infringement and prosecuting claims of patent invalidity and uneforceability involving handset-enabled electronic commerce.
  • WiAV v. Motorola (E.D. Va.): Represent the patent-owner Mindspeed Technologies, Inc., against claims of invalidity and unenforceability for eight of its patents related to speech coder technology.
  • WiAV v. Research in Motion, et al. (E.D. Va.): Represented the patent owner, Mindspeed Technologies, Inc., in a patent infringement lawsuit involving patents related to speech coder technology for use in wireless handsets.
  • MEC v. Mindspeed, Inc. (C.D. Cal.): Defended Mindspeed Technologies Inc. in a patent infringement action involving ARM's pipelined processor technology.
  • EBS Automotive Services, et al. v. Illinois Tool Works, Inc. et al. (S>D> Cal.): Defend Illinois Tool Works in a patent infringement action involving an automated system and methods for flushing and refilling automotive breaking systems.
  • WiAV Solutions LLC v. Kyocera Corp., et al. (E.D. Va.): Represent the patent owner, Mindspeed, Inc., in a patent infringement lawsuit involving speech coder technology.
  • Nortel Networks Ltd., et al. v. Kyocera Wireless (N.D. Tex.): Directed multi-patent case in CDMA communication technology and power control.
  • Kyocera Wireless v. MLR LLC, et al. (S.D. Cal.): Directed strategic response to a patent assertion by a non-practicing entity related to handheld wireless devices.
  • Compression Labs Incorporated v. Adobe Systems Incorporated, et al. (E.D. Tex.): Managed negotiations and defensive strategy regarding a patent assertion in compression technologies.
  • Duhn Oil Tool v. Cooper Cameron (C.D. Cal.): Represent plaintiff in a patent case regarding oil tool technology

Admissions

State Bar of California
United States District Courts
All California District Courts
Eastern District of Virginia
Court of Appeals for the Ninth and Federal Circuits

Education

Mr. Kolegraff received his JD from the University of San Diego Law School (Order of the Coif, member 1996, and Law Review). He received a BS in electrical engineering from the South Dakota School of Mines and Technology, graduating manga cum laude, with an emphasis in digital design and software development.

Martello, Michael Senior Counsel

Bio

Michael Martello, Senior Counsel at Thomas Whitelaw, is a seasoned litigator and strategic litigation manager with substantial business, regulatory and government experience. Prior to joining the firm, Mr. Martello served as the City Attorney of Mountain View, Los Gatos and Concord, California and as Assistant City Attorney of Thousand Oaks, California. Mr Martello is regularly called upon to testify before state agencies and the California Legislature.

Mr. Martello has deep experience in high-profile litigation, including numerous matters involving complex financial accounting and auditing. He has obtained numerous seven figure settlements for his clients in publicly-prominent matters. Among his diverse experiences, Mr. Martello served on the seven-member creditor's committee in the Orange County Bankruptcy, and was one of the attorneys in the lawsuit which ultimately produced California's SLAPP legislation.

Mr. Martello is the principal author of Providing Conflict of Interest Advice, a 16-page practice manual for government attorneys. He has written and lectured extensively for thirty years on ethics and the law, including not only conflicts of interest, but also land use and planning, zoning, construction and other diverse areas of real estate law.

Mr.Martello received his BS magna cum laude from Arizona State and his JD from Pepperdine University School of Law.

Mendiola, Tierra D. Paralegal

Bio

Tierra Mendiola joined Thomas Whitelaw & Tyler in 2009 as a litigation paralegal. Her caseload is primarily focused on complex buisness and intellectual property litigation. Ms. Mendiola specializes in handling trial preparation and electronic discovery.

Education

University of California, Irvine, Paralegal Certificate Program (American Bar Association Approved)
California State University, Long Beach, Bachelor of Arts in Liberal Studies

Professional Memberships

Orange County Paralegal Association

Rich, Kerri A.

Bio

Kerri A Rich, an associate in the Irvine office, focuses her practice on intellectual property disputes and complex business litigation. She has broad experience in all aspects of litigation, from discovery and law and motion matters through trial. She also has extensive appellate experience.

While attending law school, Ms. Rich served as an extern for Justice George W. Nicholson of the California Court of Appeal, Third Appellate District.

Representative Cases

PATENT INFRINGEMENT AND TRADE SECRET LITIGATION

  • Duhn Oil Tool, Inc. v. Cooper Cameron Corp. (E.D. Cal.): Member of trial team on one-month jury trial in patent infringement litigation. Obtained a $10 million dollar verdict.
  • Sansay Inc. v. Rates Technology LLC (S.D. Cal.): Member of trial team prosecuting declaratory judgement claims of patent invalidity and unenforceability involving Voice over Internet Protocol (VoIP) systems.
  • Atwater Partners of Texas, LLC v. AT&T, Inc. et al. (E.D. Tex.): Member of trial team that defended claims of infringement of five patents-in-suit for inverse multiplexing over ATM (IMA) devices. Obtained dismissal with prejudice after filing motion to dismess and serving a motion for seeking Rule 11 sanctions.
  • U.S. Ethernet Innovations, LLC, v. Acer, Inc. et al. (E.D. Tex.): Represented Broadcom in patent infringement action related to ethernet technology.
  • On The Go v. AT&T (N.D. Ill.): Member of a trial team defending against claims of patent infringement and prosecuting claims of patent invalidity and unenforceability involving handset-enabled electronic commerce. Obtained complete dismissal with prejudice after serving invalidity and non-infringement contentions.

COMPLEX BUSINESS LITIGATION

  • D.B. Zwim v. Suncal (New York Sup. Ct., New York): Member of both trial and appellate team representing guarantor against claims of liability under real estate loan transactions.
  • City of Mouuntain View v. Daoro, Zydel & Holland, et al. (Cal. Sup. Ct., San Francisco County): Member of both trial and appellate team representing city in an accountant malpractice case involving the Shoreline Amphitheatre.
  • Illinois Tool Works, Inc. v. MOC Products Company (S.D. Cal.): Member of trial team representing Illinois Tool Works in a patent ingfringement action involving machines for servicing automotive transmission systems and intake systems.
  • EBS Automotive Services, et al. v. Illinois Tool Works, Inc. et al. (S.D. Cal.): Defend Illinois Tool Works in a patent infringement action involving an automated system and methods for flushing and refilling automotive braking systems.
  • WiAV v. Motorola (E.D. Va.): Represent patent-owner in both trial and appellate courts against claims of invalidity and unenforceability of eight of its patents related to speech coder technology.
  • MEC v. Mindspeed (C.D. Cal.): Represent patent-owner in both trial and appellate courts against claims of patent infringement involving ARM's pipelined processor technology.
  • Inland Empire Foods, Inc. v. Zateca Foods, LLC. et al. (C.D. Cal.):Prosecuted and defended claims of patent infringement, trade secret misappropriation technology. Obtained settlement favorable to client.

COMPLEX BUSINESS DISPUTES

  • RE3W, Inc. v. First American Corp. (CCal. Sup. Ct., Orange County): Member of trial team defending against claims of trade secret misappropriation, breach of oral joint venture agree ment and breach of fiduciary duty.
  • Perini Building Co., Inc. v. MGM Mirage Design Group, et al. (Nevada State Court, Clark County): Member of trial team for Tutor Perini, one of the world's largest general contractors, in $650 million dispute with MGM over the construction of the CityCenter in Las Vegas.
  • D.B. Zwim v. Suncal (New York Sup. Ct., New York): Prevailed on appeal and obtained dismissal of $20 million claims against guarantor of real estate loan transactions.
  • City of Mountain View v. Daoro, Zydel & Holland, et al. (Cal. Sup. Ct., San Francisco County): Member of both trial and appellate team representing City in an accountant malpractice case involving the Shoreline Amphitheatre.

Article

"Who Is Trial Counsel Under Seagate?" in Orange County Business Journal (November 2009)

Admissions

State Bar of California
United States District Courts
Central District of California
Northern District of California
Southern District of California
Eastern District of California
United States Court of Appeals, Ninth Circuit

Education

Ms. Rich received her JD with Great Distinction from McGeorge Law School in 2005. She is member of the Order of the Coif and Traynor Honor Society. She served as both an Associate Comment Editor and a Staff Writer for the Transnational Lawyer. Ms Rich received her BS in biochemistry from California Polytechnic State University in 2001.

Rutten, Susan M. Counsel

Bio

Susan M. Rutten, Of Counsel in the Irvine office, is a skilled litigator who brings extensive employment law and business litigation experience to Thomas Whitelaw. Susan counsels clients on a broad range of complex business disputes in California state and federal courts. She also serves extensively on boards for community and charitable organizations.

Prior to joining Thomas Whitelaw, Ms. Rutten was a founding partner of Rutten & Morse, and prior to that, Oster, Schubert & Rutten.

Representative Cases

  • Marler Haley Exposystems, Ltd. v. Superior Court: Successfully challenged California jurisdiction over a British entity before the California Supreme Court.
  • Bossut v. Unigate: Defended and prosecuted various unfair competition claims involving trade show exhibit manufacturing.
  • Redlands Medical Center V. Larson: Obtained a jury verdict in favor of owner-developer in construction defect suit

Practice Areas

Complex Commercial Disputes, Employment Litigation.

Presentations

Ms. Rutten has given numerous presentations, including “Collection and Enforcement of Judgments” under the auspices of the CEB.

Admissions

State Bar of California
United States District Court, Central District
Court of Appeals for the Ninth Circuit

Education

Ms. Rutten receiver her BS in Economics from Santa Clara University. She received her JD from Pepperdine Law School.

Charitable and Community Activities

Charitable and Community Activities Ms. Rutten has been actively involved in charitable work, including with the Pacific Symphony Orchestra, the Friends of the Mission, and the St. Catherine of Siena Catholic School. She serves as President of the Emerald Bay Community Association, Chair of the Community Emergency Response Team, is a Trustee of School Power, the Langue Beach Education Foundation, and serves on the Consultative School Board for the St. Catherine of Siena Catholic School.

Sanderson, William S. Partner

Bio

William B. (Bill) Sanderson, partner in the Irvine office, has broad experience as a transactional lawyer in the areas of real estate, general corporate law, lending and employment agreements. Mr. Sanderson's approach to transactions allows his clients to get the deal done on the best possible terms while maintaining cordial relationships between the parties.

Mr. Sanderson is expert at commercial, retail and industrial real estate transactions. Mr. Sanderson also has extensive experience representing lenders and borrowers in secured and unsecured commercial lending transactions, including representation of lenders in loans secured by real estate and other corporate assets and securities, unsecured loans, multi—phase residential projects, representation of agent banks in project finance transactions and syndicated loans up to $2 billion. He frequently represents borrowers in secured and unsecured term and revolving loans, as well as landlords, tenants, sellers and buyers in real estate transactions.

Mr. Sanderson began his practice in New York City representing institutional lenders in financing transactions. In 1993, he moved to St. Louis, Missouri, where he represented banks and borrowers in loan transactions before returning to his native California in 1997.

Representative Matters

  • Represent the landlord in negotiating a 55-year ground lease of a nine acre parcel to be developed as a high-tech office park, including provisions to address ongoing monitoring of groundwater contamination.
  • Represent the lender in connection with syndicated term and revolving loans generally between $100 million and $400 million, but ranging up to $2 billion.
  • Represent the lender in connection with asset based loans and agented loans ranging from $5 million to $200 million.
  • Represent the seller in the negotiation and documentation of the sale of a $2 million shopping center parcel to a home improvement warehouse company, including (i) a purchase and sale agreement, (ii) a development agreement detailing construction obligations of the parties and timetables for completion of various stages of construction and (iii) CC&Rs for the shopping center.
  • Represent the landlord in negotiating a ground lease for an outdoor amphitheatre facility. This was an amended and restated lease following successful litigation arising from a dispute over percentage rent.
  • Represent the landlord in negotiating a 55-year ground lease of vacant land to be developed as a 4-diamond quality hotel.
  • Represented landlords in the negotiation and documentation of build—to—suit leases for restaurants, sports clubs and other uses.
  • Represent the owner in preparation of Condominium CC&Rs, prepared in connection with condominiumizing three two-story office buildings, including creating a condominium association. Represent the owner in the sales of the condominium units.
  • Represent the landlord in negotiating and documenting a ground lease to a financial institution, including provisions to credit a portion of the rent to an existing lease between the tenant and a landlord-related entity which could not be terminated due to loan covenants with landlord's lender.
  • Represent a major hotel company in connection with purchases of real property to be developed as hotels targeting the business traveler.
  • Represent a national developer in connection with purchases of real property to be developed as senior assisted living facilities.
  • Represent the lender in connection with multiple term and revolving loans ranging from $1.5 million to $6 million, secured by land to be developed into single family home residential developments in central California.
  • Represent the lender in connection with term loans ranging from $2 million to $9 million secured by real property improved with Walgreen's drug stores.
  • Represent landlords and tenants in general office leasing transactions.
  • Represent buyers and sellers in real property purchase transactions.

Practice Areas

Transactional Real Estate and General Business Transaction

Admissions

The State Bars of New York, Connecticut, Missouri and California
United States District Court, Southern District of New York

Professional Activities

Member of the Real Property Section of the Orange County Bar Association

Education

Mr. Sanderson received his JD in 1990 from the University of Southern California, where he was a member of the Major Tax Planning/Computer Law Journal. He received his BS in finance and business economics from the University of Southern California in 1986.

Thomas, Joseph E. Partner

Bio

Joseph Thomas is the managing partner and co-founder of Thomas Whitelaw. A rare breed of trial lawyer, Mr. Thomas consistently achieves both unprecedented courtroom successes as well as rapid out-of-court settlements. Time and again, he has led his team of preeminent litigators in winning high—stakes national cases, and is recognized by general counsels at Fortune 500 companies around the country for creating a “Go-To” litigation firm, a distinction awarded by Corporate Counsel magazine to Thomas Whitelaw in both 2007 and 2008.

Well-known for his expertise in complex business, real estate and intellectual property disputes, Mr. Thomas is deemed to be part of the magic circle of business trial attorneys who dominate state and federal courts. His extensive trial experience includes first chair in more than 20 jury trials and 25 arbitrations and court trials. These cases span a wide variety of industries and are frequently international in scope.

Mr. Thomas has been a powerful advocate for his clients, not only in achieving exceptional results, but also in delivering value. He co- founded Thomas Whitelaw on the principle that superior legal counsel should be valued based primarily on results, not effort. He is a pioneer in developing alternative billing arrangements that align the firm’s interest with that of its clients.

Mr. Thomas has further distinguished the firm through his negotiating sawy and business insights. A powerful presence in the courtroom and the boardroom, Mr. Thomas is highly regarded by a loyal clientele that return to him repeatedly for representation in difficult, bet-the-company cases.

As the firm’s leader, Mr. Thomas embodies the virtues that define Thomas Whitelaw. He is hard-driving, business-savvy and client- centered. Mr. Thomas has created a culture that combines a strong work ethic with a highly collegial, entrepreneurial, and team—oriented philosophy, enabling the firm to thrive and grow despite the challenging economic environment.

Throughout his career, Mr. Thomas has been a leader and mentor to other attorneys. Previously, he was a partner and department head of McDermott, Will & Emery’s Litigation and Trial Practice Group. Prior to that, Thomas was partner and head of the Litigation and Trial Practice Group of Brobeck, Phleger & Harrison, LLP in Irvine, California.

Representative Cases

PATENT LITIGATION

  • Illinois Tool Works, Inc. v. MOC Products Company (S.D. Ca|.): Represent Illinois Tool Works in a patent infringement action involving machines for servicing automotive transmission systems and intake systems.
  • On The Go v. AT&T(N.D. lll.): Lead trial lawyer defending Cricket Communications against claims of patent infringement and prosecuting claims of patent invalidity and unenforceability involving handset-enabled electronic commerce.
  • WiAV v. Motorola (E.D. Va.): Represent the patent-owner Mindspeed Technologies, Inc., against claims of invalidity and unenforceability for eight of its patents related to speech coder technology.
  • I/WAV v. Research in Motion, et al. (E.D. Va.): Represented the patent owner, Mindspeed Technologies, lnc., in a patent infringement lawsuit involving patents related to speech coder technology for use in wireless handsets.
  • MEC v. Mindspeed, Inc. (C.D. Cal.): Defended Mindspeed Technologies, Inc. in a patent infringement action involving ARM’s pipelined processor technology.
  • Inland Empire Foods v. Zateca Foods (C.D. Cal.): Prosecute patent infringement and trade secret litigation involving claims related to a method of processing food.
  • Duhn Oil Tool Co. v. Cooper Cameron Corporation (E.D. Cal.): Represent plaintiff in a patent infringement action involving oil and gas wellhead technology.

COMPLEX BUSINESS LITIGATION

  • Colonies Partners, L.P. v. San Bernardino County Flood Control District (Cal. Sup. Ct., San Bernardino County): Represented landowners in contemporaneous quiet title and inverse condemnation action against the Flood Control District and the County. A lengthy court trial in the spring of 2006 resulted in a decision quieting title in favor of the client’s property. Following sustained efforts to resolve the case after trial, the County Board of Supervisors approved a $102,000,000 settlement of the c|ient’s claims.
  • Bay Area Rapid Transit District (B.A.R. T.) v. Tanforan Park Shopping Center (Cal. Sup. Ct., San Mateo County): Proseouted and defended claims of condemnation and severance damages in the Superior Court of California, County of San Mateo, resulting in a favorable jury verdict in excess of $33 million.
  • Clear Channel Communications v. City of Mountain View (Cal. Sup. Ct., Santa Clara County): Obtained summaryjudgment in favor of the City on claims for breach of lease, fraud and inverse condemnation in connection with an outdoor amphitheater. Obtained a settlement during the trial on the City's cross-complaint for fraud, breach of lease and RICO violations, on terms valued at $50 million.
  • In Re Orange County Bankruptcy (C.D. Cal.): Represented class of all non- Orange County public entities that invested in Orange County. Obtained $115 million settlement, which represented a full return of capital invested plus all attorney's fees and costs.

Practice Areas

Trials, Intellectual Property, Real Estate/Construction Litigation, Securities Litigation, Product Liability

Admissions

State Bar of California
United States District Courts
All Federal District Courts within the State of California
Eastern Districts of Virginia
Eastern District of Texas
Southern District of New York
District of Connecticut

Awards/Professional Activities

Mr. Thomas was a law clerk to the Honorable Terry 8. Hatter, District Court Judge for the Central District of California

Education

Mr. Thomas received is JD, magna cum laude, in 1981 from Pepperdine Law School, where he was the Articles Editor of the Law Review. Mr. Thomas received his BA, magna cum laude, in 1977 from Lehigh University.

Whitelaw, James M.

Bio

James M. Whitelaw, a founding partner of Thomas Whitelaw, possesses both a strong legal and engineering background that is an important asset to the firm and its clients. Mr. White|aw’s extensive trial and litigation experience with diverse matters has distinguished him as a talented litigator with a winning track record.

Mr. White|aw's legal practice was preceded by a 10-year career as an aeronautical engineer at both McDonnell Douglas Corporation and Grumman Aerospace Corporation. Mr. Whitelaw applies his in-depth understanding of complex technologies in patent infringement and trade secret misappropriation matters that span a broad range of technologies. His ability to quickly comprehend and communicate case intricacies in a simple way has been of substantial benefit in numerous jury trials, hearings and arbitrations.

Mr. Whitelaw has acted as a lead lawyer in a host of high-profile, high- stakes commercial litigation and intellectual property matters, as well as real estate construction and securities disputes. He is highly regarded by both clients and his team for both exceptional intellect and strategic thinking.

Mr. Whitelaw works closely to guide and train the associates at the firm, sharing both technical and legal insights. Prior to founding Thomas Whitelaw, Mr. Whitelaw was a partner in the Irvine office of McDermott Will & Emery, where he was a member of its Litigation and Trial Practice Group, with a focus on complex commercial and intellectual property matters.

Representative Cases

  • Duhn Oil Tool, Ino., v. Cooper Cameron (E.D. Cal.): Represent inventor in a patent infringement matter involving oil/gas extraction equipment technology.
  • Bird Products Corporation v. Pulmonetio Systems, Inc. (C.D. Ca|.): Prosecuted and defended claims of patent infringement involving battery- operated portable respirators using embedded systems.
  • Inland Empire Foods v. Zateca Foods, Inc. (C.D. Ca|.): Prosecuted and defended claims of patent infringement involving food manufacturing technology.
  • Bay Area Rapid Transit District (B.A.R. T.) v. Tanforan Park Shopping Center (California Superior Court, San Mateo County): Prosecuted and defended claims of condemnation and severance damages in San Mateo County Superior Court of California, resulting in a favorable jury verdict in excess of $33 million.
  • Teachout v. S.P. Properties Inc. (California Superior Court, Los Angeles County): Defended class action and derivative partnership claims by the former limited partners of a California limited partnership against its general partner and a newly-formed, publicly traded real estate investment trust for breach of partnership agreement and breach of fiduciary duty, resulting in an order denying class certification and a favorable client settlement.
  • Food 4 Less of California v. Foothill Marketplace Partners (California Superior Court, Orange County): Defended declaratory relief claims brought by a lessee in a power shopping center against its developer/landlord, concerning the parties‘ obligations under a Communities Facilities District for the shopping center, resulting in a defense verdict for the client with an award of attorneys‘ fees.

Practice Areas

Business, Intellectual Property, Product Liability, Class Action and Real Estate/Construction Litigation

Admissions

State Bar of California
United States Federal Courts
Central District of California
Eastern District of California
Northern District of California
Southern District of California
United States Court of Appeals, Federal Circuit

Professional Activities

Mr. Whitelaw is an active member in several professional organizations. In addition to his memberships in the Intellectual Property Law Sections of the State Bar of California and American Bar Association, Mr. Whitelaw is an Advisory Committee Member in Loyola Law School’s Special IP Focus Series Program.

Education

JD, Loyola Law School with high honors BS in Aerospace Engineering, State University of New York at Buffalo, cum laude Honorary member in the Tau Beta Pi National Engineering Honor Society.

Young, Madonna L. Paralegal

Bio

Madonna Young joined Thomas Whitelaw & Tyler in 2007 as a litigation paralegal. Her caseload is primarily focused on business litigation, trademark and patent infringement cases.

Prior to joining Thomas Whitelaw & Tyler, Madonna was a paralegal at Arter & Hadden, where she worked on a wide variety of matters involving patent infringement, business litigation, and trademark prosecution; and at lrell & Manella where she worked primarily on complex litigation involving patent infringement. Prior to that she worked in both commercial and hospital clinical laboratories as a clinical laboratory scientist.

Education

University of California, Irvine, Paralegal Certificate Program (ABA Approved) Texas Christian University, Fort Worth, Texas, Bachelor of Science with a Specialty in Medical Technology

Professional Memberships

Orange County Paralegal Association