John G. Heller
Partner

PRACTICE AREAS
Alternative Dispute Resolution, Appeals & Writs, Business Litigation, Civil Rights & Public Interest, Class & Representative Actions, Insurance, Intellectual Property Litigation, Labor & Employment, Product Liability, Professional Liability, Real Estate & Construction

John Heller’s practice focuses on trials and appeals of civil rights, professional liability, employment, real estate and business litigation matters.  Mr. Heller is also a trained mediator, and as a adjunct to his trial practice, is frequently retained by parties in litigation to mediate their disputes.

In over 20 years of practice, Mr. Heller has successfully represented individuals and businesses in jury trials and litigation involving claims of retaliation, professional negligence, misrepresentation, bad faith, breach of real estate contracts, and products liability.  He has obtained favorable judicial rulings and settlements for attorneys and other professionals sued for malicious prosecution, abuse of process, and breach of fiduciary duty.  He negotiates employment and severance packages for executives and employees, and obtained a published Ninth Circuit ruling on behalf of an FBI agent suing for gender discrimination and harassment under the federal anti-discrimination laws.

Mr. Heller lectures to attorneys and trade organizations on developments in civil procedure, anti-SLAPP jurisprudence, and insurance coverage.  He has been a participant in the ABA Section of Litigation Legal Services Advocacy Training at Stanford Law School, providing trial skills training to public interest attorneys.  In 2007, he served as a member of the Host Committee for the ABA Litigation Section Convention in San Francisco.  He is a member of the Association of Business Trial Lawyers.

Mr. Heller collaborates with public interest organizations on cases involving constitutional issues, and has represented many political refugees seeking asylum in immigration court. He graduated magna cum laude in political science from the University of California, Berkeley, in 1982, and from the University of California, Hastings College of the Law, in 1987.

Representative Cases

  • As lead trial counsel, obtained $1.1 million jury verdict and injunction for plaintiff in an action for defamation and retaliation under the Fair Labor Standards Act. The verdict included $500,000 in career loss damages, $100,000 in emotional distress and $500,000 in punitive damages. Beheshti v. Liou, Alameda Superior Court, No. 2002-045972.
  • As lead appellate counsel, obtained affirmance of $1.5 million award in a civil rights action under 42 U.S.C. section 1983 based on retaliation against plaintiff for protected speech and petitioning activity. Bare v. Lake Shastina Community Services District, Calif. Ct. of Appeal, 3d Dist., No. C051061.
  • Obtained dismissal of prominent law firm charged with malicious prosecution under statute prohibiting strategic litigation against public participation.
  • Obtained defense jury verdict, as lead trial counsel, for insurance company sued for unfair competition, breach of contract, and bad faith in San Francisco Superior Court.  Successfully defended verdict on appeal. 2130 Leavenworth v. State Farm, Calif. Ct. of Appeal, 1st Dist., No. A109367.
  • Lead appellate counsel in Title VII action alleging retaliation, discrimination, and hostile work environment. Anderson v. Reno (Ashcroft), 190 F.3d 930 (9th Cir. 1999).
  • Negotiated favorable settlements in several cases involving claims of misrepresentation in sale of commercial real estate.
  • Settled claims of a professional artist challenging the unauthorized use of images and concepts in connection with online sales.
  • Negotiated favorable settlement for a professional athlete whose action photograph on a trade magazine was appropriated without permission for use on the cover of a video game.


CONTACT
phone: (415) 352-3000
fax: (415) 352-3030
jheller@chapop.com


Recent Publications
Co-author, "How to Anticipate (and Avoid) Mediation Impasse," American Bar Association, Commercial & Business Litigation Newsletter, Spring 2009

Contributing author, California Liability Insurance Practice: Claims and Litigation, Continuing Education of the Bar (2006 and 2007)

©2010 Chapman, Popik & White LLP   |   650 California Street, 19th Floor, San Francisco, California 94108   |   Tel: (415) 352-3000