9th Circuit: Federal Arbitration Act Preempts California's Broughton-Cruz Rule on Claims for Injunctive Relief
Jennie L. La Prade
Ms. La Prade’s practice includes a broad spectrum of complex business litigation and dispute resolution. She handles matters involving patent, trademark, copyright, unfair competition, misappropriation of trade secrets, commercial litigation, employment litigation, fraud, interference with business advantage and other business torts. She also handles loan workouts, restructures and commercial, bankruptcy and insolvency litigation.
Commercial Litigation and Creditors’ Rights
Ms. La Prade’s practice includes extensive experience in all phases of complex commercial, real estate and financial institutions litigation from settlement negotiations through discovery, trial and appeal in federal and state courts. She has represented secured, undersecured and unsecured creditors in problem loan situations involving workouts and/or litigation, including actions seeking receiverships, writs of attachment, writs of possession and TROs. She also has represented creditors in bankruptcy proceedings, including relief from stay proceedings, cash collateral disputes, executory contract disputes, administrative claims proceedings, adversary proceedings, and preference and fraudulent conveyance actions. She has defended banks and corporations against a wide variety of contract and business tort cases, as well as prosecuted such claims on their behalf. In particular, Ms. La Prade has defended both domestic and foreign banks against claims stemming from fraudulent or forged negotiable instruments, letters of credit, checks and other documents
Intellectual Property Litigation
Ms. La Prade has extensive experience in prosecuting and defending against claims of patent infringement, copyright, trademark and service mark infringement, misappropriation of trade secrets, unfair competition, false designation of origin, breach of implied contract and breach of confidence in both state and federal courts. She has defended against and prosecuted various intellectual property and business tort claims involving greeting cards, computer software, video games, video music, and various mechanical devices, among other things. She has obtained and defended against injunctive relief in cases involving patent infringement, unfair competition, copyright and trademark infringement, and misappropriation of trade secrets.
Ms. La Prade has represented a variety of media outlets in cases involving defamation and invasion of the right of privacy, including leading television, film, music and publishing companies.
Ms. La Prade has represented management in cases filed by employees alleging breach of contract, discrimination, sexual harassment, wrongful discharge and related torts.
Ms. La Prade has had significant experience in alternative dispute resolution, including arbitrations administered under both the Commercial and International Rules of the American Arbitration Association. She has served as a faculty member for annual litigation training programs sponsored jointly by Pillsbury and the National Institute for Trial Advocacy. She was a lecturer in the Lorman Education Services Program on Enforcing Commercial Real Estate Loans in California.
American Bar Association, Litigation Section, Committee on Commercial and Banking Litigation, Los Angeles County Bar Association and State Bar of California, Litigation Sections, Women Lawyers’ Association of Los Angeles, Board Member of the Federal Bar Association, Los Angeles Chapter
United States Supreme Court, United States Court of Appeals for the Ninth Circuit, and United States District Courts for the Central, Southern and Northern Districts