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Bienert | Katzman Prevails Before the United States Supreme Court, Reversing The Ninth Circuit, and Holding CFPB’s Structure Unconstitutional

Tue 28th Jul 2020, Case Successes

On June 29, 2020, the Supreme Court adopted Bienert | Katzman’s arguments and held in Seila Law v. Consumer Financial Protection Bureau that the structure of the Consumer Financial Protection Bureau (“CFPB”) violates constitutional separation of powers by having a single director removable only for cause. Bienert | Katzman represented the prevailing party at the Supreme Court and through all stages of the litigation, spanning several years. In 2017, as a continuation of litigation arising …

Bienert | Katzman Protects Client’s $3 Million Civil Rights Judgment and Obtains Substantial Attorney’s Fees Award in Dismissal of Bad Faith Bankruptcy Case

Mon 27th Jul 2020, Case Successes

In July 2019, Bienert | Katzman’s client obtained a judgment and attorney’s fee award under 42 U.S.C. § 1983 of more than $3 million against a Los Angeles County Sheriff’s Department detective after a jury trial. Bienert | Katzman’s client presented evidence at trial, including video recordings, demonstrating that the baseless arrest was orchestrated by the detective and the culmination of a multi-year campaign of harassment against Bienert | Katzman’s client. A few months after …

Court Unseals Flagrant Government Misconduct Order in Alaska Tax Evasion Case: Refers Two Employees of the IRS and Three Employees of the Department of Justice Tax and Criminal Divisions for Investigation and Disciplinary Action

Tue 16th Jun 2020, Case Successes

A little over a year after issuing a 69-page sealed Order Finding Government Misconduct in a tax evasion prosecution, the Court unsealed an Order calling out prosecutors and IRS employees for willfully withholding evidence and making misrepresentations to the defense and to the Court.  The order followed dogged requests and multiple days of evidentiary hearings and briefing by B|K attorneys Ariana Seldman Hawbecker and John Littrell. A copy of the order is available here. The …

B|K Wins Machine Gun Case in US Supreme Court

Mon 27th Apr 2020, Case Successes

After five years of contested litigation the Supreme Court granted our petition, vacated our client’s conviction, and remanded to the Ninth Circuit. At issue was the constitutionality of the National Firearms Act (“NFA”), a 1934 law that strongly discouraged, but did not outright ban, machine guns and other particularly dangerous weapons.  At the time the law was passed Congress believed, based on the advice of the U.S. Attorney General, that the federal government had no …

Bienert | Katzman Negotiates $1.2 million Settlement in a Whistleblower Lawsuit Involving the Sale of Chinese Computer Parts to the Government

Tue 28th Jan 2020, Case Successes

Bienert | Katzman, representing a whistleblower, filed a lawsuit on behalf of the federal government claiming that three computer part suppliers wrongly sold various federal agencies disguised Chinese products, including computer mice. One of the three defendants agreed to settle for $1.2 million.    In order to support domestic manufacturing and business with favored trading partners, Congress enacted the Trade Agreements Act (“TAA”).  The TAA requires that government suppliers ensure that products sold to federal …

Judge Blasts Prosecutors and IRS Agents in Alaska Tax Evasion Case

Thu 16th May 2019, Case Successes

In a scathing 69-page order, a Magistrate Judge found that federal prosecutors engaged in flagrant misconduct in connection with a tax evasion case against Bienert | Katzman’s client, a dedicated Alaskan oncologist. The Court called out all three members of the prosecution team for withholding evidence and making evasive, misleading, and untruthful statements to the B | K defense team and to the Court. The Court referred all three prosecutors (who had already been removed …

B | K Wins Summary Disallowance of over $6 Million in Senior Claims

Thu 18th Apr 2019, Case Successes

Bienert | Katzman has successfully litigated the rejection of over 95% of the senior claims asserted against bankrupt Gardens Regional Hospital and Medical Center, Inc. (“Gardens”) on behalf of its client, Michael R. Lane, the Liquidating Trustee of Gardens.  The disallowed senior claims totaled over $6 million. The U.S. Bankruptcy Court disallowed the claims on a summary basis, without requiring a trial. On February 4, 2019, the Liquidating Trustee filed his multiple objections to over …

Bienert | Katzman Questions Constitutionality of the Consumer Financial Protection Bureau Before The Ninth Circuit

Mon 14th Jan 2019, Case Successes

Representing a law firm in a civil investigation by the Consumer Financial Protection Bureau (“CFPB”), Bienert | Katzman has challenged the constitutionality of the CFPB’s structure.  As part of the underlying investigation, the CFPB issued a civil investigative demand (“CID”), a form of administrative subpoena, seeking information and documents related to law firm’s practice.  Tom Bienert and Tony Bisconti  of Bienert | Katzman argued before the District Court that the CID is unenforceable because the …

Record $280 Million Settlement in False Claims Act Case

Sat 25th Aug 2018, Case Successes

Through a negotiated settlement and a court order, whistleblower Beverly Brown has received a total relator share award of more than $78 million for her efforts in obtaining a $280 million False Claims Act settlement against Celgene Corporation.  The $280 million settlement was the second largest recovery ever recorded in a non-intervened case brought under the federal False Claims Act and the relator share award to Brown is also among the largest in history. The …

Bienert | Katzman Wins Big in Case Against Alta Dena Family

Fri 24th Aug 2018, Case Successes

Bienert | Katzman recently settled all claims asserted against its client, J. Wayne Allen, in a long-running legal malpractice, fraud, and RICO case pending in the Orange County Superior Court.  The settlement came after the completion of jury selection and with opening statements set to begin.  The settlement amount, $1,250,000, represented less than one percent of the plaintiffs’ damages claim. In 2001, the plaintiffs – members of the Stueve family that founded Alta Dena Dairy …