Michael E. Pappas
Mike has a broad range of experience counseling and representing clients in complex commercial disputes, including matters involving distribution, franchising, marketing, competition, trademarks, trade secrets, insurance coverage, fiduciary duties, real estate, creditors’ rights and general business law. He has practiced in state and federal courts nationwide and first chaired jury and bench trials and arbitrations.
Michael E. Pappas
Distribution and Franchise
Mike has handled numerous domestic and international disputes between manufacturers and distributors over the scope, enforceability and termination of distribution, franchise and license agreements. He has counseled and represented such prominent brands as Red Bull North America, Inc., McDonald’s Corporation and Culligan International Company, as well as smaller manufacturers, suppliers, distributors, franchisors and franchisees. His work on behalf of Red Bull led to a published decision on the specificity of terms necessary to establish and enforce an oral distribution agreement. Dominique Unterberger v. Red Bull North America, Inc., 162 Cal.App.4th 414 (2008). Mike recently obtained an arbitration award in favor of an international skin care products manufacturer in a dispute with a distributor alleging unfair competition and price fixing in violation of antitrust laws.
Trademark and Trade Secret
Mike was primary outside counsel for trademark enforcement nationwide for Red Bull North America, Inc., to prevent the passing off of imitation energy drinks. He also represented Vans, Inc. in trademark litigation to protect its valuable Checkerboard and Star-Diamond outsole design trademarks. In the trade secret arena, Mike has counseled companies and former employees in cases alleging misappropriation of trade secrets and proprietary information and unfair competition. Mike was counsel in the seminal trade secret case, Whyte v. Schlage Lock Company, 101 Cal.App.4th 1443 (2002), which addressed the “inevitable disclosure doctrine” in trade secret law.
Mike’s commercial litigation experiences and accomplishments include the following:
- Achieved arbitration award in excess of $1,000,000 in favor of partner improperly removed from ownership of successful mortgage bank.
- Investigation and litigation against former officers and directors of failed financial institutions for breaches of fiduciary duty and negligence.
- Successful defense at trial of consumer products manufacturer Salton, Inc., for breach of sponsorship agreement and fraud brought by the rock band Linkin Park.
- Jury verdict in favor of Allstate Insurance Company in insurance bad faith case arising out the Malibu firestorms.
- Summary judgment on behalf of client in insurance bad faith case on eve of trial where severely brain-damaged plaintiff sought $35 million in damages.
- Successful representation of international financial institution in litigation and work-out of troubled loan and real estate partnership interests in two major shopping malls.
- Numerous cases between financial institutions and their borrowers involving all aspects of prejudgment remedies, litigation, foreclosure and restructuring of borrower relationships.
Before joining Lesnick Prince & Pappas LLP, Mike was a litigation partner with Luce Forward Hamilton & Scripps, LLP (now McKenna Long & Aldridge LLP) and Sonnenschein Nath & Rosenthal LLP (now Dentons). From the Fall of 1998 through the Spring of 1999, Mike was a visiting professor of law at Beijing University in China, lecturing on United States law, legal ethics and professional responsibility.
- University of California, Hastings College of the Law, J.D. 1987
- UCLA, B.A. Communications Studies 1983
- “California Unique, Not So Chic: Legal Issues Affecting Companies Doing Business in California” – Corporate Counsel – September 2010.
From 2006 – 2012, Mike was a member of the board of directors of CASA LA, an organization dedicated to the advancement of abused and neglected children in the Los Angeles County dependency court system.
Mike was named a Southern California “Super Lawyer” each year from 2004 to the present by Law & Politics Magazine after annual peer surveys of Southern California’s 65,000 lawyers.
Southern California Super Lawyers – Business Litigation – Most Recent Listing: 2016.
- U.S. District Court—Central, Northern, Southern and Eastern Districts of California
- U.S. District Court—Middle District of Florida
- U.S. District Court—Northern District of Illinois
- U.S. District Court—Western District of New York
- U.S. District Court—Southern District of Texas
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit