Franco Muzzio

We represented secure networking company Fortinet, winning a complete defense verdict after a four-week jury trial in Santa Clara Superior Court where plaintiff Alorica sought compensatory damages of more than $200 million, plus additional enhancements for punitive damages. The jury found that Fortinet was not liable on Alorica’s claims of fraud and breach of warranty. KVP was retained a few months before the trial date, and in short order the defense team obtained several favorable pretrial rulings. Prior to the jury verdict, the KVP team also obtained directed verdicts on punitive damages and plaintiff’s largest claim for compensatory damages.

We represent Oregon State University in a lawsuit against the Pac-12 Conference to determine control of the Pac-12, in the wake of the announced departures of 10 Conference members. We achieved a temporary restraining order that prevents the 10 departing Conference members from wrongfully seizing control of the Pac-12.

We represent the PGA TOUR in an antitrust lawsuit filed by 11 professional golfers who left the PGA TOUR and joined LIV Golf. We defeated plaintiffs’ motion for a temporary restraining order seeking to force the PGA TOUR to allow them to play in the FedExCup Playoffs. We also recently won a motion to compel subpoena compliance from Saudi Arabia’s Public Investment Fund and its Governor, Yasir Al-Rumayyan.

As part of our pro bono practice, we represented the families of four political prisoners that were killed by members of the Argentine military in the 1970s. We brought claims on behalf of the families under the Torture Victim Protections Act in the Southern District of Florida against former Argentine naval officer Roberto Guillermo Bravo. Following a weeklong trial, a Miami jury found Mr. Bravo responsible for the extrajudicial killing and torture of our clients’ family members awarded them more than $24 million in damages.

We defended LinkedIn against a nationwide putative class action alleging fraud, unfair competition, false advertising, and other claims arising from allegedly invalid activity on LinkedIn’s ad platform. We won a motion to dismiss the case with prejudice, where the court found that the plaintiffs had failed to plead any viable theory.

We represented Netflix and 12 current and former employees in a federal prosecution against Michael Kail, a former Netflix employee. In coordination with the U.S. Attorney’s Office and FBI, we prepared the Netflix witnesses to testify during a two and a half-week trial in the Northern District of California. Mr. Kail was convicted of wire fraud, mail fraud, and money laundering.

We represented LinkedIn and three current and former employees in a federal prosecution against Yevgeniy Nikulin, a computer hacker. In coordination with the U.S. Attorney’s Office and FBI, we prepared the LinkedIn witnesses to testify during a weeklong trial in the Northern District of California. Mr. Nikulin was convicted of computer intrusion, intentional transmission of information, and aggravated identify theft.

We defended Southern Glazer’s, the leading alcohol wholesaler and distributor in the United States, against a nationwide putative class action alleging anticompetitive behavior and unfair competition. We secured a complete victory for our client by dismissing all claims with prejudice at the pleading stage.