Frank E. Sieglitz
Mr. Sieglitz is a veteran trial lawyer with more than 35 years trial and appellate court experience in federal and state courts handling mostly complex commercial cases in corporate finance and securities; accounting and financial institutions; construction and manufacturing; insurance; employment and benefits; publications, media and communications; intellectual property; general commercial tort, contract and fraud; products liability; real property and environmental cases; and appeals.
Mr. Sieglitz frequently serves as a panelist and lecturer on trial practice and substantive litigation issues. Within the firm, Mr. Sieglitz is a member of Pillsbury’s Life Sciences and Corporate Securities teams. He has served as a member of the Litigation Practices Committee (litigation governing body), an instructor in the firm’s trial practice programs, and frequently as advisor to other trial attorneys on trial strategy in major and particularly explosive litigation involving aggressive adversaries, aggressive opposing counsel and sophisticated economic and financial issues.
Corporate Securities Class Actions
Defended numerous Federal and state actions involving major economic consequences.
- Lead counsel, pending consolidated actions, representing bio-tech company and its executives against shareholder class action alleging various Federal securities claims, including 10b-5 claims. Actions pending in USDC, Southern District of California. Substance of action is the extent and accuracy of disclosures of clinical studies, tests and other scientific information and efficacy of product. Motion to Dismiss filed and awaiting decision.
- Lead counsel, multiple high-tech corporate securities class actions in Federal and state courts in Northern California. Successful dismissals/defense-oriented settlements.
- Lead counsel, corporate securities shareholder class actions, including alleged hundred million dollar litigation against financial institution in four courts over alleged securities fraud based on investment practices; successful resolution with small settlement to plaintiffs, followed by more than off-setting recovery from third parties and insurance.
Unfair Business Practices and Fraud Cases
Defended numerous state and Federal trial court and arbitration cases, often with multi-million dollar consequences at stake.
- Lead counsel, successful three-month jury trial in San Francisco Superior Court involving claims, by tax-exempt medical research foundation and its founder, of fraud and breach of fiduciary duty. Successfully defended by establishing overreaching and misconduct by both plaintiffs. Separate judgments against both plaintiffs affirmed by Court of Appeal and California Supreme Court.
- Jury trial set to commence in Santa Clara County Superior Court in 2004. Claims in excess of $25 million over contract and ownership rights/responsibility between plaintiff and high-tech defendant.
- Successful defense, including summary judgment as to certain issues, dismissal at commencement of trial on remainder, fraud and unfair business practices claims alleging flaws in patented medical test devices.
- Lead counsel, successful formal arbitration trial before former United States District Judge over complex investment/ownership issues (establishing clients’ right to multi-million dollar bio-tech business).
- Lead counsel, successful trial court and appellate defense of alleged class action and unfair business practices. After dismissal of class action allegations, sustained on appeal, action resolved for a nominal sum.
- Over the years, lead counsel in many other class actions “private attorney general” actions challenging alleged unfair business practices in contracts, finance insurance real estate and various other industries.
Insurance (Including Coverage and Bad Faith Claims)
Prosecuted and defended numerous state and federal trial court cases, usually involving indemnity for major liability risks and losses.
- Recent recoveries on behalf of financial institutions of substantial litigation fees from insurers.
- Litigation of several multi-million dollar recoveries on behalf of insureds.
- Two recent summary judgments in Federal Court on behalf of insurers.)
- Extensive successful insurance coverage and recovery work ancillary to handling of underlying litigation.
Government Entity Proceedings and Litigation
- Jury trial, court trials, arbitrations and agency hearings for regulated corporations, often involving government regulatory issues.
- Prosecuted preliminary and permanent injunctive action (state court) against DFEH.
- Prosecuted preliminary and permanent injunctive actions (state court) against county agencies.
- Prosecuted and defended claims against state and federal agencies in agency proceedings, arbitration and state and federal courts.
- Prosecuted major U.S. Tax Court trials including several hundred million dollar actions.
- Extensive trial court and appellate court writ of mandamus experience.
- Prosecuted and defended numerous bid protests—state, local, federal—representing, respectively, successful real parties-in-interest and disgruntled bidders. Handled matters at all levels—administrative, trial court, appellate courts—and involving diverse subject matters, including major construction projects and environmental matters.
- Representation of California Public Agencies in sophisticated financial, contract performance disputes involving agency evidentiary hearings and decision making.
Intellectual Property Cases
Prosecuted and defended numerous state and federal trial court and arbitration cases, including patent infringement, patent valuation, theft of trade secrets and confidential business information, patents, trademarks, trade names, copyrights; including extensive trials involving major economic consequences.
- Successful resolution of patent/copyright dispute involving computer hardware and software and involving multiple civil actions (including U.S. Dist. Ct. N.D. Cal.) and arbitration.
- Successful three-week injunction trial in Santa Clara County Superior Court involving theft of trade secret and patent issues in computer hardware case.
- Successful two-month trial to judgment in San Francisco Superior Court involving copyright, trademark and trade name issues.