Fletcher has over 30 years of complex business litigation trial experience. During this time, he has developed a litigation strategy based on integrating the facts of the case with a winnable approach that resonates with the judge and jury while keeping sight of the client’s objectives. He is described by clients as “detailed”, “intuitive” and “inventive”. As one opposing counsel stated:
“I consider you one of the best opponents I have faced in over 26 years. Once you took over the case, your clients established leverage they never had before. Without your representation, I doubt we would have been able to bring this matter to a close.”
Fletcher has significant trial experience in Federal, State and Bankruptcy Court litigation. His diverse experience covers a wide range of business issues including unfair competition, antitrust, trade secret/intellectual property, and class action matters as well as the more traditional areas of business and real estate litigation including a substantial number of troubled debt/distressed asset suits.
Intellectual Property, Trade Secrets and Unfair Competition:
- Lead trial counsel in successful five-week jury trial against former corporate officers and competitor regarding stolen confidential information and interference with contractual relations.
- Successfully defended former corporate officers in claims of theft of trade secrets and confidential information. Among other issues Fletcher prevailed on a Daubert motion that struck the expert opinion supporting the $14.5 Million damage claim in the action.
- Lead trial counsel in successfully pursuing claims against patent co-owner for wrongfully usurping patent. Extensive claims based on the scope of the patent and whether the competing product infringed in breach of the co-owners agreement.
- Advised on potential infringement issues arising out of “process” patents.
Antitrust: Co-lead counsel in conjunction with 9 figure+ claim for monopoly and price fixing antitrust claims against a series of Fortune 500 companies.
Debt and Guarantor: Engaged in over $750 Million in troubled debt/distressed asset suits, including numerous guarantor suits, representing both creditors and debtors. Recently obtained a jury verdict for a defendant guarantor based on a “sham” guaranty defense.
- Co-lead trial counsel in a three month jury trial representing a plaintiff bank director/ shareholder in claims for defamation, interference with contract and breach of contract. Verdict for compensatory and punitive damages for the plaintiff.
- Co-lead trial counsel in three-month jury trial in San Francisco Superior Court representing corporate defendant in defamation, unfair competition, breach of contract and sex discrimination on a “glass ceiling” lawsuit. Verdict for the defense.
- Trial counsel in successful three-week trial alleging breach of fiduciary fraud, theft of confidential information and embezzlement against a prior corporate officer.
Renewable Energy: Trial counsel in a 22-day arbitration claim involving establishment and operation of a wind energy farm. Handled numerous ancillary claims and litigation over design and installation of wind turbines.
Bankruptcy Related Litigation:
- Prevailed in one-month Arizona Bankruptcy Trial seeking to remove key debtor assets from the Bankruptcy Estate.
- Spearheaded the formation of an organization to intervene and successfully protect the assets of the Catholic parishes from creditor claims and inclusion in the Diocese of San Diego bankruptcy.
- Co-lead counsel on a 90-day proceeding on motion for relief from stay consolidated with confirmation proceedings on a “cram down” plan of reorganization.
Construction: Handled numerous claims, trials and arbitrations on contractor, payment, lien and defective construction issues.
Co-author, "Arbitrability of Mental Capacity Defenses under the Federal Arbitration Act and California Law," Practical Law, September 23, 2014.
Author, "Supreme Court Decisions Make Arbitration Compulsory," Today’s General Counsel Magazine, April-May 2014.
Achieved an AV® Preeminent® Peer Review Rating from Martindale-Hubbell.
Recognized as a Top Lawyer in San Diego by San Diego Magazine (2013).
Selected as a San Diego Super Lawyer in Business Litigation (2008, 2009, 2010).
Selected as Law Dragon 3000 Leading Lawyer (2007).
Selected as a Law Dragon 500 Leading Lawyer (2007).
Partner, Troutman Sanders LLP, 2009-present
Partner, Ross, Dixon & Bell, LLP, 1999-2008
Partner, Miller, Boyko & Bell, LLP, 1986-1999
Associate, Miller, Boyko & Bell, LLP, 1977-1986