Ali P. Hamidi

Partner

Overview

Ali is a partner in the San Francisco office of Cox, Castle & Nicholson, LLP, with a litigation practice that is focused on complex business and real estate matters.  He has represented publicly held companies in state and federal courts of California, Colorado, Georgia, Virginia, and New York, handling antitrust suits, shareholder disputes, trade secret violation and unfair competition cases, and contract disputes.  On behalf of the firm's real estate clients, he has handled securities actions, lender liability suits, environmental claims, purchase and sale, and development agreement disputes, disability-access claims, unlawful detainers, and construction defect and delay claims.

Ali also has extensive experience in employment litigation and advice and counseling. He has defended employers in discrimination, sexual harassment, wrongful termination, and wage and hour cases. He has handled administrative proceedings before the EEOC, DFEH, U.S. Department of Labor, and the California Labor Commissioner. He has also counseled clients on the creation and implementation of human resource policies and procedures in protecting intellectual property, non-compete enforcement and avoidance, employee terminations, and reductions in force. He has negotiated employment agreements, and compensation and severance packages for directors and senior executives.

Ali has co-chaired jury and bench trials in California, Colorado, and Virginia. He has successfully arbitrated and mediated commercial and employment cases before JAMS, ADR Services, and the American Arbitration Association (AAA).

Representative
Matters

Representative Real Estate Litigation Matters

Defended national renewable energy company in multi-million dollar suit concerning its energy transmission line easement rights in Solano County. Obtained summary judgement in favor of client, causing dismissal of plaintiff's suit and exposure to attorney's fees and costs.

Represented multifamily housing operator in arbitration proceedings against partner/investor concerning client’s option rights to purchase the partnership asset. Secured client’s purchase of the partnership asset.

Defended national asset management company in suit involving sale of multi-unit residential housing complex in Lassen County. Obtained favorable ruling on cross-claims against plaintiff which resulted in plaintiff’s voluntary dismissal of suit against client.

Defended national hotel developer in a class action securities case before the Southern District of California and the Ninth Circuit Court of Appeals. Caused dismissal of the case at the district court level. Handled the appeal at the Ninth Circuit. Published decision affirms the district court ruling and holds that sale of hotel condominiums did not constitute the sale of securities. Salameh, et al. v. Tarsadia Hotels, et al., No. 11-55479, --- F.3d. ---, 2013 WL 4055825 (9th Cir. August 13, 2013).

Co-chaired 8-week jury trial in California state court defending national homebuilder in a class action involving claims of fraud, negligence and breach of warranty, with monetary exposure of approximately $55 million. Secured favorable rulings during trial which resulted in favorable settlement for client prior to jury deliberation.

Co-chaired 8-week bench trial in California state court prosecuting environmental claims on behalf of the Emeryville Redevelopment Agency against paint manufacturing company. Obtained favorable ruling finding defendant liable for contamination and monetary award of $3 million.

Represented the City of Oakland and developer in complex unlawful detainer proceedings against commercial tenants in connection with redevelopment of the Oakland Army Base. Recovered possession of 100+ acres along with monetary relief.

Representative Commercial Litigation Matters

Represented high net worth clients against a major accounting firm stemming from its implementation and marketing of a tax deferral strategy. Defeated accounting firm’s summary judgment motion and obtained a favorable settlement before trial.

Co-chaired bench trial in federal court in Virginia defending national defense contractor against national brokerage houses claiming fees related to a company acquisition.

Defended a Fortune 500 company and its various subsidiaries in a dispute involving installation of a wireless network in Africa. Defeated plaintiff's claim at summary judgment stage. Succeeded on unjust enrichment counter-claim against plaintiff.

Defended a Canadian technology company in Atlanta federal court in a dispute involving the installation of custom billing software for a US electric membership corporation. Prepared the successful summary judgment motion which defeated plaintiff's $8 million claim.

Litigated antitrust claims in the Eastern District of California on behalf of car dealers nationwide against the car manufacturing company for price-fixing of computer hardware and software.

Litigated a copyright infringement case in the Northern District of California on behalf of a photographer over the rights to a photograph of an icon celebrity. Resolved the case in mediation.

Representative Employment Litigation Matters

Co-chaired jury trial in federal court in Colorado defending a national defense contractor against wrongful termination claims. Obtained favorable settlement for client in initial stages of trial.

Prosecuted trade secret misappropriation and copyright infringement suit in the Southern District of California on behalf of Fortune 500 company against former employees of company. Obtained summary judgment against defendants, and caused return of the technology and monetary concessions by defendants.

Defended a San Francisco technology company in arbitration and defeated all claims for wrongful termination and national origin discrimination case.

Represented former WorldCom in all wage and hour disputes filed in Northern California at the labor commissioner level.

Publications &
Speaking Engagements

Recent Publications

Author of newsletter articles concerning the Americans With Disabilities Act ("ADA"), Family and Medical Leave Act ("FMLA"), and Fair Labor Standards Act ("FLSA")

Recent Speaking Engagements

Sexual Harassment Training; AB 1825 Compliance, CCN Los Angeles, December 2009

Awards &
Affiliations

Professional Affiliations

  • San Francisco Bar Association, Employment Section
  • American Business Trial Lawyers Association, Northern California Chapter
  • San Francisco Bay Area Chapter of NAIOP - The Commercial Real Estate Development Association

Spotlight

New App May Lead To Increase In ADA Lawsuits

A new website/mobile app designed to assist persons with disabilities may create significant issues for commercial... More»

Bar and Court Admissions

  • State Bar of California
  • U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
  • U.S. District Courts of Colorado

Education

  • M.A., Golden Gate University, 1997
  • J.D., Golden Gate University, 1996
  • B.A., University of California, Davis, 1991