San Diego

Foley’s San Diego office has combined first-hand regional insight with the firm’s global resources to serve Southern California’s dynamic entrepreneurial economy. By fostering deep relations with the San Diego community, we can recruit the exceptional local legal talent we need to carry out our commitment of providing you with the highest degree of excellence in client service. We also have integrated the disciplines of business law, IP, and life sciences to help companies realize commercial success in the biotech market.

Our San Diego attorneys offer the complete spectrum of legal representation and counseling to San Diego's individual franchisees, entrepreneurial start-ups, manufacturers, and global multinationals; governmental units, municipalities, agencies, school districts, and other public sector clients; and hospitals and health care providers. Our attorneys have particular strength in the following areas:

Litigation: As part of one of the largest and most comprehensive litigation practices in the country, our San Diego attorneys understand the business side of the challenges and risks posed by potential and actual lawsuits, and have the experience to confront your legal issues. The San Diego litigation practice concentrates on several areas, including labor and employment, consumer class actions, privacy litigation, unfair competition, bankruptcy, securities, and commercial law. Our litigation philosophy is to provide you with comprehensive legal advice that covers all available options before deciding the best course of action. We focus on the complete solution.

Private Equity and Venture Capital: Emerging growth companies offer dramatic return opportunities for a wide range of investors, from individual angel investors to venture capital firms and large institutional investors. Our Business Law attorneys understand the complex nature of investment structures and venture capital investment deals. We have represented investors of all types and sizes as well as emerging companies. We are favored by investors because of the substantial number of attractive emerging companies with which we interact, our experience in representing many of these growth companies, our experience and knowledge in comprehensive due diligence investigations of such companies, and our track record in structuring and negotiating investment transactions.

Life Sciences: Triumph in basic research does not guarantee commercial success. Victory in the marketplace requires a sophisticated combination of scientific discovery, IP protection, regulatory approval, management acumen, and access to informed capital. Our San Diego office offers comprehensive legal services for innovative enterprises as you take your products and services from concept to commercial reality in the fields of pharmaceuticals, biotechnology, biomedicine, and health care. With our integration of skills in business law, regulatory affairs, IP, and health care, we can guide you through the maze of challenges that life sciences companies confront in competitive global markets. 

Privacy, Security & Information Management: Our San Diego Privacy, Security & Information Management Practice (Privacy Practice) attorneys assist companies with managing information and mitigating risk. Led by the chair of our Privacy Practice, who is located in our San Diego office, the team has significant experience with counseling clients in the health care, financial services, targeted advertising, online, and telecommunications industries. Our lawyers also have handled a number of high-profile security breaches, cutting-edge privacy litigation, and a number of significant matters before the FTC, the Office of Civil Rights, and state attorneys general.

Intellectual Property: The IP attorneys in our San Diego office offer integrated IP capabilities to deliver an innovative life cycle of IP services to protect and add value to your IP assets. We provide the critically important transactional services of securing patents and trademarks, providing product clearance and patent opinions, licensing, and IP due diligence for corporate transactions.

Public Policy: Our San Diego office features a group of Public Policy attorneys experienced in defending against the claims of private parties and governmental bodies as well as representing clients in the areas of First Amendment and other constitutional law, school law, fair housing, employment and other antidiscrimination laws, and libel and slander. Our Public Policy attorneys have deep knowledge of environmental regulation and have served a variety of public agencies. Clients we have represented include charter schools, school districts, county-operated health systems, water districts, sanitation districts, and other public bodies.

Hospitality and Leisure: Several attorneys in our San Diego office are part of the firm's national Hospitality & Leisure Industry Team — a group that offers specific experience in the acquisition, development, financing, and construction of golf course, hotel, and resort projects. With backgrounds that encompass real estate, business, environmental, construction, IP, public finance, and litigation, our attorneys combine skill and hands-on experience to guide developers and lenders in projects involving golf amenities, timeshare, and other recreational components.

Real Estate: Our San Diego office also includes Real Estate attorneys who provide counsel related to the acquisition, development, financing, and sale of properties across the United States and around the world. We have assisted airports, corporations, developers, health care providers, hotels, utilities, and many other organizations in achieving their growth plans. Services include syndication of equity and debt positions as well as counseling in defaults and workouts.

Business Law: Many attorneys in our San Diego office serve as general counsel to business and corporate clients and represent the interests of corporations, shareholders, or management on specific matters and in litigation. The Business Law Department represents all types of public and privately owned companies, providing counsel in areas such as business, securities, tax, and private equity and venture capital. We represent clients in real estate acquisitions and commercial leasing and construction projects, including golf and other resort developments. We provide employee benefit advice to clients in the compliance and transactional areas. We are also a leading provider of legal services to the geothermal power industry.

Environmental Regulation: Our seasoned Environmental Regulation attorneys have counseled and represented many public agencies, including water districts, sanitation districts, and other public bodies.

Health Care: Our attorneys have been advising industry and governmental leaders in the development of major health care policies for decades. Our nationally recognized Health Care Industry Team combines hands-on industry knowledge and general legal and business capabilities to effectively advocate your interests in legislatures, administrative agencies, courts, and boardrooms. As well, we identify trends and challenges before they occur, helping you prepare for the new market and emerging legal concerns. Our attorneys handle corporate compliance; credentialing and peer review; health law legislation; long-term care; managed care; mergers, acquisitions, and affiliations; provider operations; and services to hospitals and health systems, public hospitals and facilities, and physician organizations.

Manufacturing: As our clients move into the future of manufacturing, our San Diego attorneys are working shoulder to shoulder with them to focus on advanced manufacturing issues such as continuous process improvement; customer-focused innovation; human capital acquisition, development, and retention; enterprise-wide supply and distribution chain management and collaboration; sustainability; global engagement; reshoring; facilities siting, reconfiguration, and management; foreign direct investment; strategic acquisitions and divestitures; government and public affairs; next-generation technologies; and Big Data, as well as traditional areas such as corporate, labor, tax, and IP. We take a holistic approach to the industry, working closely with colleagues from all practices, industry teams, and offices across the firm to deliver comprehensive solutions that help you achieve your business goals.

  • Six San Diego attorneys were named in The Best Lawyers in America© 2016
  • In 2015, Chambers USA: America's Leading Business Lawyers ranked our San Diego attorneys for excellence in health care, IT and outsourcing, life sciences, renewables and alternative energy, and white collar crime and government investigations litigation, and one attorney received individual local recognition
  • Two San Diego attorneys were recognized in The Legal 500 guide for the United States in 2014
  • San Diego received Tier 1 rankings in the 2015 edition of U.S. News – Best Lawyers® “Best Law Firms” in the areas of bankruptcy and creditor debtor rights/insolvency and reorganization, bankruptcy litigation, health care, and IP litigation
  • Ten San Diego attorneys were named to the 2013 California — San Diego Super Lawyers® list, published by Law & Politics magazine

Representative Matters

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Foley secured a complete victory in the Federal Circuit on behalf of Major League Baseball Advanced Media (MLB Advanced Media), likely ending a 12-year patent dispute. Foley partner Cynthia Rigsby argued in the Federal Circuit in support of MLB Advanced Media’s District Court victory and received summary affirmance just two days post-argument.The case dates back to 2003 and stems from a dispute over a method of condensing a recorded baseball game. Plaintiff Baseball Quick claimed patent infringement and sought a royalty on MLB Advanced Media revenues alleged to exceed $400 million as of 2011. Baseball Quick also asked for damages to be trebled and for attorneys’ fees. MLB Advanced Media denied infringement and claimed that the Baseball Quick’s patent was invalid. In December 2014, U.S. District Judge Kathryn Forrest of the Southern District of New York granted MLB Advanced Media’s summary judgment motion, confirming MLB Advanced Media’s technology did not infringe Baseball Quick’s patent either literally, or under the doctrine of equivalents.Baseball Quick appealed the decision in March 2015 and on December 10, 2015, a Federal Circuit panel including Judges Dyk, O’Malley, and Stoll affirmed the District Court’s decision. MLB Advanced Media was represented on appeal by Cynthia Rigsby, Kevin Malaney and Michelle Moran. In addition to the appellate team, the District Court case team included George Beck, Mary K. Braza, Peter Wang, Yonaton Aronoff, Justin Gray and Sara Madavo.Our other representations for MLBAM involve patent litigation, patent counseling and procurement and licensing. To date, we have applied for 29 patents and successfully obtained 15 on MLBAM’s behalf. MLB has been a pioneer in its on-line sports content distribution and fan interaction strategies. Leading amongst professional sports leagues, MLB is at the forefront of new media technologies and opportunities for expansion to markets beyond the U.S., including Canada, Europe and Japan.
Represented REIT client in connection with the sale of two shopping centers located in South Carolina, for a total purchase price of approximately $28,000,000.
Represented Hall Equities Group (HEG) in connection with the acquisition of 29 hotels and the corporate assets of ZMC Hotels, which employs more than 1,000 people. The aggregate purchase price was approximately $225,226,000. ZMC Hotels owns and operates both private label boutique hotels, as well as those licensed by many prominent brands, including Hilton, Marriott, IHG, Wyndham, and others. Hotels are disbursed across the country from Duluth, Minnesota, to Phoenix, Arizona, to Sebring, Florida, and many locations in between. Five hotels are clustered in Scottsdale, Arizona. All of the hotels, along with other select quality properties, were master leased to and are being managed by Zenith Asset Company, an affiliate of HEG. Equity financing for the transaction was derived from a variety of sources, including the sale of three quality properties by the Hall Equities Group sponsored investment groups, cash on hand, and the refinancing of two multi-family apartment buildings. As part of the equity raise, one of HEG's investment groups sold a shopping center to Excel Trust, Inc. This shopping center was originally developed by HEG and owned since 2000. The aggregate purchase price was approximately $131,000,000. This super-regional center is known as Monte Vista Crossings and is located in Turlock, California. Monte Vista Crossings is one of the largest open-air regional shopping centers in the western United States, and is home to national retailers such as Home Depot, Target, Kohl’s, Lowe’s, Safeway, Dick’s Sporting Goods, Ross Dress for Less, Bed Bath & Beyond, T.J. Maxx, Old Navy, Office Max, Petco, In-Shape Fitness, Gap, Pier One Imports, and more than fifty additional well known shops and restaurants. The seller retained HEG to handle the ongoing leasing and construction of the next phase of Monte Vista Crossings. Another HEG sponsored investment group sold a luxury apartment project in downtown Walnut Creek, California. This six-story, 100-unit Class “A” building of concrete construction is known as The Arroyo. The project was sold to a major US-based Life Insurance Company, which has retained HEG as both the General Contractor to complete construction of the project, and as the Property Manager for the project going forward. An additional HEG sponsored investment group sold the 41,000 square foot 2890 North Main Street office building in Walnut Creek. Proceeds from all three sales were used by the investor groups to generate equity capital for the hotel portfolio acquisition. The balance of the proceeds were derived from an acquisition loan from Bank of America.