Representative Cases

Summary of Cases Tried or Successfully Resolved

Represented Enron in wholesale electricity market manipulation litigation in the Pacific Northwest ($3.0 billion at risk) tried before Federal Energy Regulatory Commission (2001) defense verdict

Represented Enron in wholesale electricity market manipulation litigation in California ($2.0 Billion at risk) tried before Federal Energy Regulatory Commission (2002-2004) settled after trial

Represented former Deputy Attorney General of the United States who was appointed as fiduciary for over approximately 18,000 individuals.  In re Western Asbestos, 313 B.R. 456 (Bkrptcy N.D. Cal. 2004)(settled after trial for $1.2 billion);

Represented former Deputy Attorney General of the United States who was appointed as fiduciary for over approximately  6,000 individuals.      In re J.T. Thorpe, Case No. LA02-14216BB (Bkrptcy. C.D. Cal. 2006)(settled after trial for $250 million);

Represented former Deputy Attorney General of the United States who was appointed as fiduciary for over approximately 12,000 individuals.   In re Thorpe Insulation, U.S. Bankruptcy Court, Central District of California, Case No. LA07-19271BB (tried in 2006 settled after trial for $750 million);

Represented former Deputy Attorney General of the United States who was appointed as fiduciary for over approximately 7,000 individuals.   In re Plant Insulation Company, U.S. Bankruptcy Court Northern District of California, Case No. 09-31347 (tried in 2012 settled after trial for nearly $200 million in settlements to date – case is still pending).

Co-Lead Counsel and then Executive Committee Member In re Literary Works in Electronic Databases, MDL 1379, United States District Court Southern District of New York, a worldwide class action brought on behalf of freelance authors against leading database and publishing defendants. (2013 Class settlement over $18,000,000).

Mr. Fergus sued a national stock brokerage because of its unfair business practice of allowing parents of minor children to control their custodial accounts set up under the Uniform Gift to Minors Acts long after their children reached legal age.  As a result, the stock brokerage changed its business practices nationwide to require transfer of control to account holders when they reach the age of majority. (2005-2006)

Mr. Fergus represented Southern Pacific Railroad in a valuation dispute over 2,500 miles of fiber optic cable buried in the railroad right of way (1996 verdict over $50,000 for lease period)

Mr. Fergus represented a shareholder in a breach of fiduciary duty case involving the improper transfer of valuable international subsidiary assets to another corporation. (2011 Settled)

Mr. Fergus successfully defended a trademark infringement action against a foreign corporation involved in the same business but in a different geographically area than the plaintiff corporation. (Case dismissed 2011)

Mr. Fergus successfully represented minor child whose photograph was being commercially exploited by an international corporation (2010 Photograph Removed)

Mr. Fergus represented the spouse of a deceased celebrity whose likeness was being exploited commercially with the permission of the heirs. (Settled and Photographs removed 2007)

Mr. Fergus represented musician whose music was used without his permission by Hollywood studio in major motion picture. (License negotiated)

Mr. Fergus represents a nationally syndicated author and artist in enforcing and licensing intellectual property rights for her literary works and art nationwide. (2007- present)

Mr. Fergus represents majority owner of right of publicity for deceased celebrity in licensing use of likeness (2008-present)

Mr. Fergus has tried over 100 cases (some as groups) involving asbestos claims against numerous manufacturers (1986-1996)