Jeffrey T. Makoff's profile

    Jeffrey T. Makoff

    Top rated Business Litigation attorney in San Francisco, California

    Education Qualification:

    University of California College of the Law, San Francisco

    Practice Areas:

    Business litigation,

    Appellate,

    Intellectual property litigation,

    Intellectual property

    201 Spear St Suite 1100San Francisco, California, 94111

    First Admitted: 1985, California

    Professional Webpage: http://vallemakoff.com/attorneys/jeffrey-makoff

    Bar/Professional Activity:
    • Presentation to the Northern California of the AAML on "Non-Family Law Claims in Disso Cases: Where, When, Why and How to File Them", 2021
    • Presentation to the annual AAML Symposium on "Rescission and Set-Aside Of Settlement Agreements and Judgments", 2018
    • Presentation to the San Francisco Estate Planning Council on preventing business and property litigation between unmarried intimate partners who engage in joint business activities, 2018
    • Presentation to the National Conference of the Forensic Expert Witness Association on "Interview Skills for Expert Witnesses: How to Win the Beauty Contest", 2018
    • Presentation to the National Conference of the Forensic Expert Witness Association on "What Trial Lawyers Look For When Choosing a Expert", 2018
    • Presentation at CEB's Business Law Basics seminar on "Business Operations" and "Business Exits", including contract drafting, dispute resolution and owner buyout transactions and dissolutions, 2018
    • Member, Board of Trustees, Hastings Law School Foundation, 2016
    • Presentation to the annual AAML Symposium on "Achieving the Best Results in Business Valuation Cases Through Proactive Lawyering", 2016
    • Co-Chair, Committee on Business Litigation of the Business Law Section, State Bar of California, 2016
    • Presentation at Hastings College of the Law on "Skills, Careers & Lifestyles in Business Litigation", 2015
    • Presentation to the annual AAML Symposium on "Discovery Ethics In A Linked, Stalked and Hacked World", 2014
    • Certificate of Completion, "Mediating Disputes", Program on Negotiation at Harvard Law School, 2013
    • Judicial Extern, Hon. Spencer Williams (U.S. District Court, Northern District of California), 1984
    Verdicts/Settlements (Case Results):
    • Lead trial court and appellate attorney in two consolidated commercial cases that resulted in total summary judgment for our client in both cases, plus an award of over $318,000 in legal fees, affirmed on appeal (Korchemny v. Piterman, ____ Cal.App.5th ____ (1st App. Dist. 2021))., 2021
    • Lead counsel in action to appoint a provisional director to manage a substantial private company during a corporate control dispute., 2019
    • Co-lead trial counsel in a case involving a complex contractual dispute dispute over whether a premarital agreement was terminated., 2022
    • Lead trial court and appellate attorney in complex commercial cases that resulted in a significant trial court ruling on business governance issues, affirmed on appeal (Boschetti v. Pacific Bay Investments, Inc., 32 Cal.App.5th 1059 (1st App. Dist. 2019))., 2019
    • Lead brief writer and case analyst in successful constitutional defense of California Attorney General action against a health care company (Van de Kamp v. Gumbiner, 221 Cal.App.3d 1260 (2nd App. Dist. 1990)), 1990
    • Settlement of insider-trading claims brought against an executive by the U.S. Securities & Exchange Commission, 1995
    • Settlement of federal copyright infringement action in the entertainment industry, 2013
    • Favorable jury verdict leading to settlement of claims against health care provider on professional liability claims, 1997
    • Favorable summary judgment decision leading to settlement of copyright infringement claims in gaming industry, 1998
    • Settlement of unlawful access to computer system and trade secret claims for a permanent injunction and $2.5 million judgment, 2014
    • Favorable jury verdict on claims against securities brokerage firm leading to settlement, 1998
    • Settlement of $7.5M securities fraud claims arising out of a high technology private placement, 1998
    • Trial of contract and tort claims involving Internet-related business, 2014
    • Trial of $60M corporate indemnification claim (arbitration), 2010
    • Settlement after opening statements of real estate finance case, 2005
    • Litigation and settlement of corporate control contest for video game development company, 2007
    • Obtained reversal on appeal of directed verdict and key evidentiary ruling in a San Francisco hedge fund partner compensation and tort case (Ehrlich v. Zlot, Appeal Nos. A139567, A139829 (Cal. Ct. App. Div. 5, May 7, 2015)), 2015
    • Settlement of partnership claims re live events, motion picture and merchandising of extreme sports team, 2012
    • Jury trial of executive compensation claims arising from corporate acquisition (co-lead trial and appellate counsel), 1989
    • Defeated contested writ petition (after Palma notice) (Maria D. v. Superior Court, Appeal No. A146116 (Cal. Ct. App. Div. 4, September 24, 2015), 2015
    • Settlement of entertainment industry antitrust case after winning Ninth Circuit appeal (published opinion), 2003
    • Settlement of "Marvin" property claims brought against international professional athlete, 1995
    • Obtained anti-SLAPP dismissal of abuse of process claim, 2013
    • Obtained total summary judgment in favor of a defendant on an alleged $8 million oral contract obligation, 2018
    • Federal jury verdict of $2M on business tort claims against a services firm (after successful Ninth Circuit appeal), 2004
    • Bench trial to non-suit of shareholder voting claims in proxy contest for international commodities corporation., 1996
    • Settlement of community property rights in substantial San Francisco Bay Area commercial real estate portfolio, 2013
    • Co-representation and settlement of Heller Ehrman LLP bankruptcy estate claims in multiple business cases, 2011
    • Federal jury trial (co-counsel with Frank Rothman) of family business fiduciary claims, 1998
    • Trial of business valuation issues involving a national investment advisory business, 2013
    • Settlement of $2M fraudulent conveyance claim, 2011
    • Jury trial defense of securities broker in trial of business tort claims, 1994
    • Settlement of "Marvin" property claims brought against Contra Costa ranchowner, 1999
    • Settlement of $10 million marital estate, including business valuation and acquisition, 2014
    • Settlement of claim based upon negligent performance of a Web development contract, 2010
    • Favorable jury verdict leading to settlement of executive compensation claims, 1997
    • Successful defense of film and television production company against television licensing claims (published decision), 1997
    • Trial of issues re property characterization of carried interests in six investment limited partnerships described by the trial judge as "complex in the extreme", 2015
    • Settlement of contract and tort action arising out of video game development agreement, 2013
    • Settlement of $6M claims in breach of marital fiduciary duty action, 1994
    • Obtained anti-SLAPP dismissal of fraud and negligence action against two major television networks and corporate affiliates, 2013
    • Obtained total summary judgment in favor of a defendant on an alleged $1 million+ obligation on the ground of usury, 2018
    • Bench trial and successful appeal in $5M marital fraud case, 2011
    • Settlement of insider-trading claims brought against an investment banker by the U.S. Securities & Exchange Commission, 1998
    • Settlement of breach of contract action related to non-California real estate financing transaction, 2013
    • Favorable jury verdict leading to settlement against insurer in coverage action by senior executive, 1997
    • Settlement (through acquisition) of litigated antitrust claims arising in a distribution business, 1998
    • Settlement of termination and harassment claims against corporate executive, 2014
    • Obtained anti-SLAPP dismissal of defamation claims against television station and reporter on First Amendment grounds, 2013
    • Favorable jury verdict leading to settlement in executive equity compensation case, 1995
    • Settlement of motion pictures rights between partners with respect to 17 development-stage film projects, 2001
    • Settlement of public company executive employment claims, 2014
    • Settlement of $7.5M claim alleging fraud in a premarital agreement, 2011
    • Jury trial settlement of federal constitutional claims against media entities after opening statement, 1998
    • Defense of media production company against contract and tort claims by executive producer (published appeal), 1997
    • Settlement of commercial claims arising from a personal relationship (called "Marvin" claims under California law), 2015
    • Favorable summary judgment decision leading to settlement of life insurance claim, 2009
    • Lead brief writer and case analyst in $60M international fraud and forgery defense of a major media company, 1987
    • Settlement of state law tort and contract claims arising out of a large property consignment contract, 2012
    • Litigation and settlement of complex third-party creditor claim involving lien on venture capital fund distributions, 2015
    Transactions:
    • Principal advisor to joint majority shareholder in $50 million business asset sale. , 2020
    • Negotiation of stock-secured buyout of 50% interest in home-based residential substance abuse recovery business, 2015
    • Negotiation of $1.6M buyout of general partner interest in San Ramon, California commercial property, 2009
    • Represented major investment company shareholder in consent solicitation and proxy contest, 2016
    • Negotiation and execution of a control transfer of family manufacturing business to the next generation, 2012
    • Negotiated resolution of contract dispute re acquisition of live sporting event business, 2012
    • Negotiation of secured, structured buyout of 50% interest in nationwide financial services business, 2013
    • Advised health care technology company founder on first and second round venture capital investments, 2016
    • Negotiation of settlement of $150M Silicon Valley marital estate, 2012
    • Negotiation of corporate control contest for health care service company, 1998
    • Negotiation of shareholder buyouts in two building contractor businesses, 2010
    • Represented founder and large shareholder of healthcare technology company in private equity merger negotiations, 2015
    • Represented major owner of business process outsource company in co-owner buyout transaction., 2016
    • Negotiation of $1.8M buyout of shareholder interest in California logistics company, 2009
    • Court-appointed trustee to manage resolution of trust defalcation claims and property liquidation, 2003
    • Negotiation of shareholder buyout in retail flooring business, 2005
    • Pre-litigation negotiation of secured buyout of $7M commercial real estate interests, 2012
    Special Licenses/Certifications:
    • Member of the District of Columbia Bar, 1986
    • Admitted, United States Tax Court, 2014
    Honors/Awards:
    • Award, Best Lawyers in America in Commercial Litigation, U.S. News & World Report, 2021
    • Award, Best Lawyers in America in Commercial Litigation, U.S. News & World Report, 2020
    • Award, Best Lawyers in America in Commercial Litigation, U.S. News & World Report, 2019
    • Cover Photo, In Practice Catalog (Winter), Continuing Education of the Bar, 2016
    • Award, Best Lawyers in America, Commercial Litigation, U.S. News & World Report, 2018
    Educational Background:
    • University of California, Los Angeles (Political Science), B.A., cum laude, 1981
    • Crossroads School for the Arts & Sciences, Santa Monica, 1974
    • Palisades High School, Los Angeles, 1978
    White Papers:
    • Article by Jeff Makoff and Jessica Grynberg on the benefits of joint sessions in civil mediation vs. private caucusing.  The article was written after the authors completed the week-long Mediating Disputes practicum at the Harvard Law School Program on Negotiation., Private Caucusing In Civil Pretrial Mediations, 2013
    Scholarly Lectures/Writings:
    Other Outstanding Achievements:
    • Co-Author, "Get Off the Fence! 10+1 Steps to Help You Make That Big Decision" (Health Communications), 2003
    Industry Groups:
    • Financial
    • High Technology
    • Media-Entertainment
    • Real Estate
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