Boutin Jones INC., Attorneys at Law

Menu Toggle

People

Michael E. Chase / Shareholder

Detailed Practice Description

Mike Chase’s practice focuses on business, real estate and intellectual property litigation. His experience includes litigation involving real property disputes, trade secret issues, trademark, patent and copyright infringement claims and antitrust and unfair competition claims. Mike’s practice encompasses federal and state courts, appeals before the California Courts of Appeal and the Ninth Circuit Court of Appeals, and binding arbitrations.

It’s important, for the client’s sake, to have good relationships with opposing counsel. Even in heated battle, a lot can be gained for a client by communicating effectively and finding common ground with adversaries.

The Basics

I help business clients with general commercial and complex business litigation, including intellectual property and real estate litigation. I handle mediations, arbitrations and trials to achieve successful resolutions for clients.

Delivering for Clients

The stakes in complex businesses cases are typically high. I recently had success defending an entity that was sued for over $50 million, and I’ve worked on a number of class action cases that created enormous exposure for the accused businesses.  A telecommunications retailer I recently worked with had exposure into the hundreds of millions of dollars, and we were able to secure a settlement for $1.25 million with very low litigation costs.

I enjoy live shows, concerts and sports.  I am a big opera fan, and I served for a decade on the board of the Sacramento Opera Company, including a stint as its president.

  • Practices
  • Healthcare
  • Litigation
  • Education
  • State University of New York, Buffalo School of Law, J.D.
  • Cornell University, B.A.
  • Honors
  • Northern California Super Lawyer, 2016
  • Sacramento Business Journal Best of the Bar, 2016
  • Sacramento Magazine 2016 Top Lawyer
  • Law school: graduated magna cum laude, book review editor, Buffalo Law Review
  • Bar Admissions
  • California
  • New York
  • Professional Associations and Memberships
  • Former law clerk to the Hon. Garland E. Burrell, Jr., U.S. District Judge for the Eastern District of California, and the Hon. John T. Elfvin, Senior U.S. District Judge for the Western District of New York
  • Community
  • Former Board Member, Sacramento Opera


Articles and Presentations

Articles

2016

“Reliance on Hearsay by Damages Experts in California Courts,” California Society of Certified Public Accountants: The Witness Chair, Fall 2016, Issue No. 68, Michael E. Chase co-authored with Patrick DeLangis, CPA.

Witness Chair Fall 2016 CALCPA

 

Presentations

2013

“Trademark Basics: Acquiring, Using, Enforcing and Defending Your Marks,” Association of Corporate Counsel, Sacramento Chapter, Michael E. Chase, Presenter

2012, 2010, 2005

“Federal Nuts and Bolts,” Sacramento County Bar Association Barrister’s Club, Michael E. Chase, Presenter

2012

“Litigators’ Perspectives: Avoiding Pitfalls and Being a Stellar Expert Witness,” California Society of CPAs, Forensic Services Section (Economic Damages), Michael E. Chase, Presenter

“Attorney-Client Privilege, Work Product and In-House Counsel,” Association of Corporate Counsel, Sacramento Chapter, Michael E. Chase, Presenter

Representative Experience

Appellate Litigation

Boutin Jones Inc. served as counsel in the trial court and on appeal for borrowers on an alleged $1.2 million debt secured by real property. The firm succeeded in achieving summary judgment in the action based on the one-form-of-action rule, and affirmance of the judgment in the Court of Appeals, successfully advancing both procedural and substantive arguments to eliminate the lawsuit and any personal liability for the alleged debt. Shareholders Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a financial institution in an appeal filed by a guarantor of a defaulted loan. The firm succeeded in obtaining dismissal of the appeal on grounds of nonappealability, persuading the court that the guarantor had not shown that an order vacating an underlying judgment was appealable. Shareholders Tom Mouzes and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as appellate counsel for a temporary staffing company and one of its employees in a trade secret dispute. The clients were represented by other counsel in the trial court action, which resulted in a jury verdict in their favor and an award of attorney’s fees exceeding $700,000. The firm’s appeal team succeeded in achieving affirmance of the judgment entered on the jury’s verdict, successfully advancing both procedural and substantive arguments to preserve the jury verdict.  Shareholder Michael Chase was the primary Boutin Jones attorney on this matter.

Boutin Jones Inc. served as appellate counsel for the seller of a media duplication device, and two of its employees, in a patent infringement dispute. The clients were represented by other counsel in the trial court action, which resulted in a judgment against them exceeding $1.3 million. The firm’s appeal team succeeded in vacating the judgment and obtaining for the clients a new trial on damages and on the individuals’ personal liability. Shareholder Michael Chase and attorney Chris Gibson were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as appellate counsel for a home study course materials provider in a franchise dispute. The firm’s appeal team succeeded in vacating a judgment against the provider exceeding $1.5 million. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as appellate counsel for a manufacturing company arising out of a trade secret dispute with a competitor. The client was represented by other counsel in the trial court action, which resulted in entry of an injunction against the client. The firm’s appeal team succeeded in vacating the injunction. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

Civil, Commercial and Business Litigation

Boutin Jones Inc. served as counsel for one owner of an electronic goods distribution corporation responding to a petition for writ of mandate requiring a shareholders meeting to be held and other related relief.  The firm succeeded in defeating the petition, persuading the court that the petitioner was no longer entitled to assert the rights of a shareholder based on the corporation’s stock purchase agreement.  Shareholder Michael Chase was the primary Boutin Jones litigation attorney on this matter.

Boutin Jones Inc. served as counsel for an Indian Tribe and tribal corporations in a dispute with California’s Employment Development Department. The firm succeeded in obtaining a preliminary injunction in federal court, enjoining state officials from collecting over $19 Million in alleged unemployment reimbursement contributions on grounds of tribal sovereign immunity, requiring the officials to release liens on tribal property, withdraw levies on tribal accounts and deposit with the court over $500,000 collected from levies to that point. Shareholders Bob Rubin, Bruce Timm and Michael Chase were the primary Boutin Jones litigators on this matter.

Boutin Jones Inc. served as counsel for a large retail grocery store chain sued by an individual for allegedly infringing his civil rights. The firm succeeded in having the federal court action dismissed, persuading the court that the store did not violate the First Amendment in prohibiting the individual from setting up a table outside the store in a putative effort to register voters. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. successfully prosecuted a claim for recovery of significant losses incurred by a banking institution when it discovered that the mortgaged property was encumbered by a senior lien.  The firm obtained a favorable ruling on insurance coverage for the losses from the Ninth Circuit Court of Appeals, facilitating a settlement. Shareholders Doug Hodell, Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a medical group in a dispute with a capitated health plan over the method of computing the capitated payments owed to the group under the parties’ agreement. The dispute arose after the passage of the federal Deficit Reduction Act of 2005 and the subsequent publication by Centers for Medicare and Medicaid Services (CMS) of Outpatient Prospective Payment System Relative Value Units (OPPS RVUs). The firm achieved a favorable settlement during the arbitration hearing which resulted in higher compensation to the group on a going-forward basis. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a medical group in a dispute with an insurance company over the rates the group was entitled to be paid for cutting-edge medical services provided to the insured patients. The firm’s trial team prevailed in arbitration at setting of the rate sought by the medical group, resulting in a significant increase in payments to the group by the insurer. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

Class Action Defense

Boutin Jones Inc. served as counsel for a large retail grocery store chain sued for more than 3 million alleged violations of California’s Song-Beverly Credit Card Act arising from the use of a credit card transaction form that contained a space for the cardholder’s telephone number. The firm succeeded in achieving a classwide settlement of action by distribution of gift certificates to its customers and reimbursement of a portion of the claimed attorney’s fees. The California court in which the action was pending approved the settlement. Shareholders Steve Boutin, Michael Chase and Dan Stouder were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a large retail grocery store chain sued for alleged improper collection of sales tax on sales of distilled water bottles at over 100 stores. The firm succeeded in obtaining a judgment on the pleadings in its favor in the trial court, and the plaintiff’s appeal was dismissed in exchange for a waiver of nominal costs. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a large wireless telephone store chain sued for over 880,000 alleged violations of the federal Fair and Accurate Credit Transactions Act arising from the printing of credit and debit card transaction receipts that contained a portion of the cards’ expiration dates. The firm succeeded in settling the action by payment of an agreed-upon settlement fund for its customers and to reimburse attorney’s fees. The federal court in which the action was pending approved the settlement. Shareholder Michael Chase was the primary Boutin Jones attorney on this matter.

Real Estate Litigation

Boutin Jones Inc. served as counsel for a commercial landlord in a dispute with the anchor tenant in a shopping center. After a three-week trial, the firm’s trial team succeeded in defending against the tenant’s claims that it was defrauded into entering into the lease because the shopping center did not comply with applicable zoning regulations, and prevailed on the landlord’s claims for breach of the lease and a personal guaranty. The firm helped the landlord obtain a judgment against the tenant for unpaid rent, as well as an award of attorney’s fees, exceeding $4 million. Shareholders Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel to the seller of an apartment complex sued for fraud and breach of contract on an $18 million transaction.  The firm’s trial team eliminated the fraud claims through a motion for summary adjudication.  The case proceeded to trial on the remaining claims.  After a four-week jury trial, the jury returned a defense verdict for the seller on all remaining claims.  Upon entry of judgment, the court granted the seller’s request for an attorneys’ fee award in excess of $350,000, which the client thereafter collected.  Shareholders Bob Swanson and Mike Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a commercial tenant (a medical clinic) in a dispute with its landlord over the landlord’s desire to relocate the tenant to less desirable space. The firm prevailed in court in the landlord’s lawsuit against the clinic, and obtained from the court an award against the landlord for reimbursement of the attorney’s fees incurred by the clinic. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

Healthcare

Boutin Jones Inc. served as counsel for a medical group in a dispute with a capitated health plan over the method of computing the capitated payments owed to the group under the parties’ agreement. The dispute arose after the passage of the federal Deficit Reduction Act of 2005 and the subsequent publication by Centers for Medicare and Medicaid Services (CMS) of Outpatient Prospective Payment System Relative Value Units (OPPS RVUs). The firm achieved a favorable settlement during the arbitration hearing which resulted in higher compensation to the group on a going-forward basis. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a medical group in a dispute with an insurance company over the rates the group was entitled to be paid for cutting-edge medical services provided to the insured patients. The firm’s trial team prevailed in arbitration at setting of the rate sought by the medical group, resulting in a significant increase in payments to the group by the insurer. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.