Mr. Dain's practice focuses on litigation in the areas of banking, intellectual property, environmental, hospitality, commercial litigation, Native American issues and white collar crime. He also assists parties in alternative dispute resolution as a mediator and arbitrator.

Mr. Dain is a veteran of more than 50 jury trials, successfully representing financial institutions, tribal governments, public utilities, federal agencies, businesses and individuals in both state and federal courts. One of his recent jury trials was televised nationally by Court TV. Mr. Dain has also represented clients in more than 100 matters before state and federal courts of appeal. He is licensed to practice in all California courts, the Federal District Court of Arizona, the Ninth and Federal Circuit Courts of Appeal and the Supreme Court of the United States. Mr. Dain is also licensed to practice before the United States Patent and Trademark Office. He has been certified by the State Bar of California Board of Legal Specialization as a specialist in appellate law. In the past he has served as a feature speaker for the San Diego County Bar Association, the American Corporate Counsel Association and the California Computer Expo.

Representative Matters

• July 2007, obtained defense jury verdict on behalf of CPR Savers and First Aid Supplies in suit brought by Express Companies, Inc., alleging theft of trade secrets and interference with Express' contract with Yahoo

• April 2007, successfully defended a tribal development corporation in jury trial in Atlanta, Georgia, involving allegations of breach of contract

• January 2006, obtained $1.38 million jury verdict on behalf of the historic U.S. Grant Hotel against its former operator; also obtaining verdict for U.S. Grant Hotel against the cross-complaint of operator seeking $5 million for breach of contract

• Multi-million dollar recovery for receiver of failed financial institutions against officers and directors, as well as banker's bond and directors and officers insurance carriers, for wrongful acts committed in commercial and multi-family residential lending

• Represented bank executive in criminal case, obtaining published decisions in both California Court of Appeals and Supreme Court on novel state and federal constitutional issues

• Represented two energy utilities in Nox emission patent litigation in the Southern District of California obtaining damages and royalties in excess of $1 million and a royalty free license to use more than 60 United States and foreign patents

• Successfully defended an institutional lender in CERCLA litigation using the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act

• Successfully defended Jan San Company in patent infringement law suit brought by industry leader. Following successful invalidation of the patent, obtained confidential settlement in counterclaim for anti-trust violation

• Successfully defended a public utility in solar energy patent litigation in the District Court of Arizona and the Central District of California - plaintiff claimed more than $2.5 billion in worldwide damages

• Represented a patent holder and its exclusive licensee in a jury trial in the Central District of California obtaining damages and a permanent injunction against the infringer - the infringer settled, post judgment, agreeing to pay several million dollars in past damages and future royalties

• Obtained a defense verdict for a biotech company in trade dress and unfair competition litigation in the Central District of California, involving the distribution of horizontal electrophoresis devices

• Obtained a multi-million dollar settlement for an internet company involving issues of trademark and copyright infringement