Tory E. Griffin

Partner

1420 Eureka Road, Suite 250
Roseville, CA 95661

Areas of Law:

Employment, Intellectual Property, Litigation, (Business/Commercial Litigation, Intellectual Property Litigation; Real Estate Litigation; Environmental/Public Agency Litigation; Employment Litigation and Counseling)

Admitted to Practice in:

California

Tory Griffin has extensive experience in all aspects of civil litigation in state and federal courts, both at the trial and appellate levels, as well as in administrative proceedings. Tory serves as lead trial and appellate counsel for clients ranging from Fortune 500 companies to small to mid-size companies, public entities and individuals.

Tory's litigation practice focuses on intellectual property litigation, real estate litigation, employment litigation and general complex commercial litigation. His intellectual property experience includes acting as lead trial counsel in numerous actions involving alleged misappropriation of trade secrets and unfair competition, as lead counsel for medical device manufacturers in unfair competition claims, as lead counsel for financial institutions and other clients in trademark infringement actions, and as lead counsel for public entities and private clients in actions related to the purchase and implementation of computer hardware and related software systems. He has represented large corporate clients and developers in commercial real estate disputes, as well as private landowners in various actions, including a highly publicized lease dispute with a major California ski resort. And, he has defended numerous employers against claims of unlawful discrimination and harassment, and continues to advise his clients on compliance issues.

Tory's clients have also trusted him to act as lead counsel in dozens of writs and appeals before appellate courts throughout California. He has argued complex matters before the California Court of Appeal, the Ninth Circuit Court of Appeals, and the Utah Supreme Court.

In the administrative litigation arena, Tory has represented major gaming companies, leading telecommunications providers, hospitals, software manufacturers, and other entities in bid protest proceedings and other government contract disputes. He has also represented numerous individuals in professional license disciplinary hearings before several California agencies, including but not limited to the Board of Professional Engineers and Land Surveyors, Board of Real Estate, Medical Board of California, and Department of Consumer Affairs.

Tory has been recognized as a Northern California “Super Lawyer.” In 2004, he served as the President of the Federal Bar Association, Sacramento Chapter. After graduating first in his class at the University of Oregon School of Law, Tory started his career as a law clerk to the Honorable William B. Shubb, United States District Judge for the Eastern District of California.

Experience

Intellectual Property Litigation
Counsel for producer of animal biologics in action for misappropriation of trade secrets against former employee and current competitor.

Counsel in numerous actions alleging misappropriation of trade secrets and unfair competition, including proceedings to enjoin the use of proprietary customer information to compete with former employers.

Counsel for public entities in actions against large software manufacturer involving claims for fraud, breach of contract, and violation of the California False Claims Act.

Counsel for plaintiff in trademark action involving financial institutions.

Lead counsel for plaintiff in trademark action against major record label.

Lead counsel in defense of copyright infringement action.

Advise numerous clients on issues related to protection of confidential and trade secret information.

Real Estate Litigation
Lead counsel for large land owner in lease dispute with major ski resort.

Counsel for Fortune 500 corporation in commercial real estate dispute

Counsel for real estate brokers in actions involving alleged breaches of fiduciary duties.

Counsel for numerous entities and individuals in various real estate disputes.

Environmental/Public Agency Litigation
Lead counsel for municipality in action brought by developer challenging increases in various fees and amendments to City's Specific Plan.

Lead counsel for municipality in actions brought by developer challenging Specific Plan amendments and asserting claims under the Fourteenth Amendment for unlawful taking and denial of equal protection.

Counsel for several large municipalities in federal court action against U.S. Environmental Protection Agency challenging EPA's promulgation of regulations and approval of water quality standards adopted by State.

Lead counsel for large gaming company in bid protest filed with the California State Lottery.

Lead trial counsel for licensed hearing aid dispenser in five day disciplinary hearing before Office of Administrative Hearings.

Trial counsel for licensed engineer in ten day disciplinary hearing before Office of Administrative Hearings.

Counsel for California city in action alleging breach of contract against neighboring municipality regarding agreement to share State subventions arising from prison population.

Lead counsel for individual in federal action against a California city for denial of due process and equal protection arising out of summary suspension of professional license.

Employment Litigation and Counseling
Assisted in defense of multiple actions alleging discrimination and harassment under the Americans With Disabilities Act, the Age Discrimination in Employment Act, Title VII and the Fair Employment and Housing Act.

Defended private employers in court and administrative actions involving claims of unpaid wages.

Advise numerous clients on employment matters and policies.

Other Business/Commercial Litigation
Lead counsel for large wild rice growers' cooperative in dispute arising under distribution agreement.

Counsel for large auto manufacturer in action brought by car dealer challenging its allocation of popular vehicles.

Lead counsel for business owner in action for breach of contract and covenant not to compete against former owner of business.

Lead counsel for individual in palimony action.

Counsel for surviving family members in products liability action against medical device manufacturer.

Appeals
Handled numerous appeals in state and federal courts, representing both respondents and appellants. Handled all procedural and substantive areas of appeal, including motion work, briefing, and oral argument. Specific case examples include:

Represented California city in Ninth Circuit Court of Appeals in action against local developer for various breaches of development agreement.

Represented clothing manufacturer in Ninth Circuit Court of Appeals in trademark action.

Represented California county in Ninth Circuit Court of Appeals in procedural due process action brought by former employee. Focus of appeal was effort to reduce damages awarded by jury.

Represented California city in California Court of Appeal, Third Appellate District, in action brought by developer under CEQA and for breach of development agreement.

Represented California joint powers authority in the California Court of Appeal, First Appellate District, in an action involving claims for breach of fiduciary duty against former legal counsel.

Represented animal biologics company in California Court of Appeal, Third Appellate District, in numerous matters, including writ petitions and direct appeals.

Represented owner of catering business in California Court of Appeal, Third Appellate District, in action for breach of contract and covenant not to compete against former owner of business.

Represented individual director in the Utah Supreme Court in action seeking to hold company directors liable for securities fraud.

Represented California city in the California Court of Appeal, Sixth Appellate District, in action against neighboring city regarding agreement to share state subventions arising from prison population.

Represented California county in the California Court of Appeal, Third Appellate District, in negligence action brought by injured motorcycle racer.

Represented pharmaceutical company in the California Court of Appeal, Third Appellate District, in action for age discrimination against company.

Represented estate in the California Court of Appeal, First Appellate District, in action involving the estate's claimed right to attorneys' fees from longstanding action against federal government.

General
Former Law Clerk for Judge William B. Shubb of the United States District Court, Eastern District of California

Former Legal Intern for the Nevada Attorney General in Carson City, Nevada

Former Legal Intern for the Yolo County District Attorney in Woodland

MEMBERSHIPS

Federal Bar Association, Sacramento Chapter, President (2004)

Sacramento County Bar Association, Member

Federal Bar Association, Member

United States District Court for the Eastern, Northern, Central and Southern Districts of California; United States Court of Appeals for the Ninth Circuit, Admitted to Practice

EDUCATION

University of Oregon, School of Law (J.D., Order of the Coif, 1996)
University of California, Davis (B.A.S., Graduated with Honors, 1993)

PUBLICATIONS

Oregon Law Review, “McKennon v. Nashville Banner Pub. Co.: The Future Role of After-Acquired Evidence in Employment Discrimination Litigation,” 1995, Author

PRESENTATIONS

CEB Civil Litigation Practice: 24th Annual Recent Developments, 2006, Speaker

National Business Institute, “Succeeding in Federal Court: What You Need to Know About Rules and Procedures,” 2005, Speaker

National Business Institute, “A Practical Guide to Federal Court Rules and Procedures in California,” 2004, Speaker

Numerous MCLE seminars regarding employment issues, Speaker