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:

Presentation for family law attorneys on evaluating the strength of potential Marvin claims., Moderator, "Does My Client Have a Marvin Clam?", 2023
Author and update Co-Author, Author/Update Co-Author, "Fiduciary Duties in Family Businesses and Transactions", CEB Practice Guide, Continuing Education of the Bar, 2023
Interviewed on developments in property-related claims between unmariedd romantic partners, Interviewee, Interview on Marvin Claims in California, Trust on Trial, 2020
Executive edited and wrote several chapters in this groundbreaking treatise on California business law, Executive Editor, Litigating and Judging California Business Entity Governance Disputes, LexisNexis/Matthew Bender, 2019
Interviewed by the President of the Boulder County Bar Association on blockchain technology, Interviewee, Interview on Blockchain Technology and Lawyers, Boulder County Bar Association Newsletter, 2018
Co-Author, Rescission and Set-Aside of Family Law Settlements and Judgments, ACFLS Specialist, 2018
Co-Author, Achieving the Best Results in Business Valuation Cases Through Proactive Lawyering, ACFLS Specialist, 2016
Author, Issues of Business Management and Control Under Family and Corporate Law, Contra Costa Lawyer Magazine, Law, 2010
Author, "Attorney-Client Privilege in the European Communities After AM&S v. Commission: The Secret Is Out", Hastings International & Comparative Law Review, 1984

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

Jeffrey T. Makoff