Gateway v. Mercury

The case centered on a group of employees that left the plaintiff's group (Gateway, Commonwealth, and LandAmerica title companies) and joined Mercury Companies. At issue was whether the "at-will" clause of the employment contract and cost cutting actions at LandAmerica justified the departure of the employees.

For over five months, The Focal Point worked with trial counsel to develop numerous graphics used for focus group testing and in-trial opening and closing statements. These graphics illustrated the nature of the "at-will" employment contract, and the corporate culture consequences of significant and sustained cost cutting and impersonal bureaucracy.

On August 10, 2006, a Los Angeles jury found in favor of Mercury Companies on counts of breach of contract and claims of raiding the plaintiff companies' employees. Final damages were $8 million, less attorney's fees, saving the defendant from a potential additional $90 million in damages sought.

Superior Court of the State of California (Los Angeles, CA)

Morrison & Foerster (San Francisco)
James Bennett
Linda Shostak
Thomas Treffert
Derek Foran