About Me

Chip Cox has over twenty years’ experience in complex litigation in state and federal courts throughout California. Chip focuses his practice on business litigation, and has tried jury trials, court trials and arbitrations, and argued appeals in state and federal court.

Chip has represented companies to help them defend and prosecute claims for a wide variety of business torts and contract claims, including defamation, false advertising, unfair competition, copyright infringement, the registration and use of internet domain names, the disputed ownership of companies and their intellectual property, and disputes regarding sales and supply contracts.

Chip has also represented national and regional insurance companies responding to disputed claims for insurance coverage, complaints by policyholders for breach of contract and bad faith, and contribution disputes between insurance companies.  Chip provides advice and representation regarding commercial general liability, professional liability, directors’ & officers’ liability, employment liability, and multi-media liability insurance policies.

Chip received his B.A. in Economics and Political Science from the University of Utah in 1988, and his J.D., cum laude, from the University of Michigan in 1991.

REPRESENTATIVE BUSINESS LITIGATION MATTERS:

• Successfully defended claims for false advertising, unfair competition and copyright infringement against Foray Technologies, LLC

Kwan Software Engineering, Inc. v. Foray Technologies, LLC, 2013 U.S. Dist. LEXIS 14708 (N.D. Cal. Jan. 22, 2013)(motion for preliminary injunction denied), aff’d 2013 U.S. App.LEXIS 25732 (9th Cir. Dec. 13, 2013)

Kwan Software Engineering, Inc. v. Foray Technologies, LLC, 2014 U.S. Dist. LEXIS 17376 (N.D. Cal. Feb. 11, 2014)(motion for summary judgment granted)

• Successfully prosecuted claim to recover money fraudulently withdrawn from bank account, asserting bank failed to adopt commercially reasonable security procedure, for a favorable settlement of most of the money fraudulently withdrawn

• Defend producer and distributor of independent movie against claims for producer credits and ownership dispute, for a favorable settlement

• Defend investor in the construction and sale of custom homes against claims disputing his investment of several million dollars, for a favorable settlement

• Defend synthetic speech device company in dispute regarding ownership and intellectual property, for a favorable settlement

• Defend various manufacturers and distributors against claims for breach of contract by vendors and suppliers, and prosecute claims for breach of sales contracts

NeighborCare Pharmacy Services, Inc. v. Sunrise Healthcare Center, Inc., 2005 U.S. Dist. LEXIS 34404 (D.C. Maryland Dec. 20, 2005)(motion to dismiss granted, rejecting forum selection clause)

REPRESENTATIVE INSURANCE MATTERS:

• St. Paul Mercury Ins. Co. v. Mountain West Farm Bureau Mutual Ins. Co., 210 Cal.App.4th 645 (2012)(affirming award of more than $2 million in contribution to cost of defense and settlement)

• McGranahan v. The Insurance Corp. of New York, 544 F.Supp.2d 1052 (E.D. Cal. 2008)(motion for partial summary judgment granted establishing duty to defend claims alleging installation of moldy drywall)

• Everett Associates, Inc. v. Transcontinental Ins. Co., 159 F.Supp.2d 1196 (N.D. Cal. 2001)(although insurer breached its duty to defend, insured cannot seek damages for negligence or negligent infliction of emotional distress absent bad faith)

• Cerplex, Inc. v. Chubb Group of Ins. Cos., 1999 U.S. Dist. LEXIS 23560 (N.D. Cal. Sept. 8, 1999)(coverage for loss of inventory entrusted to vendor barred under “dishonesty exclusion”)