|
Kevin Caton holds the position of Special Counsel in FLK's San Francisco office. Mr. Caton's practice involves complex commercial litigation matters for plaintiffs and defendants, including representation of major retail tenants in disputes with shopping center landlords. He has prosecuted lease overcharge claims for retailers against landlords in courts throughout the country and worked with landlords and their representatives to resolve disputes prior to litigation, particularly through mediation. Mr. Caton also counsels retailers who are negotiating lease language with their landlords. In addition, Mr. Caton has significant experience litigating sports law matters and working with sports industry clients.
Representative Matters
Representing Foot Locker and Champs Sports in lease overcharge disputes with shopping center landlords.
Defending manufacturer in antitrust lawsuit brought by competitor alleging violations of Sherman Act §§ 1, 2 and Clayton Act § 3 as well as state laws.
Representing office building landlord and successfully mediating lawsuit brought by tenant Charles Schwab & Co. regarding occupancy costs.
Defeating insurance company's summary judgment motion in a complex fraud and breach of contract lawsuit in Missouri brought by rental car company for $20 million in damages relating to legality of supplemental liability protection sold to renters.
Successfully defending outside director/venture capitalist against breach of fiduciary duty claims brought by bankruptcy trustee of former graphics chip maker 3dfx.
Defeating defendant's summary judgment motion on a novel copyright claim in a lawsuit brought on behalf of major provider of energy management computer systems.
Successfully defending two breach of fiduciary duty lawsuits brought by shareholders against major investor and board chairman of minor league baseball venture.
Representing prominent NBA player in litigation matter involving government records.
Defending pharmaceutical and medical device manufacturers in product liability and class action litigation.
Publications
Blogging at www.retaillawobserver.com, a web log of retail law developments.
Co-author of Common Area Costs, Chapter 15, Retail Leasing: Drafting and Negotiating the Lease (CEB 2007).
What Makes for a Successful Tenant Overcharge Claim Against a Shopping Center Owner or Operator (researched and wrote article with Gregory D. Call), Retail Law Strategist, December 2005.
Clearing the Lane for NBA Minimum Age, Street & Smith's SportsBusiness Journal, April 2005.
A's Way to San Jose Is Via Courtroom, Street & Smith's SportsBusiness Journal, January 2001.
Presentations
Electrical/Utility Charges - A Direct & Landlord Billed Perspective, National Retail Tenants Association's Annual Conference, September 2006 in Fort Lauderdale, Florida.
Education
University of California at Los Angeles School of Law (J.D., 1991)
University of San Francisco (M.A. Sports Management, 2000 with honors)
Williams College (B.A. in History, 1988, cum laude and Phi Beta Kappa)
Memberships
Member, American Bar Association
Member, Bar Association of San Francisco
Member, Sports Lawyers Association
Member, Board of Directors of San Francisco Sports Council.
| 