Overview

About Bao

For nearly a decade, Bao has helped clients comply with the Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and the Fair Packaging and Labeling Act (“slack fill” law), as well as regulations established by the FDA, USDA, CA Air Resources Board, CA Department of Pesticide Regulation, CA Department of Toxic Substances Control, and the CA Attorney General, just to name a few. His clients are manufacturers, packagers, distributors, and retailers. His clients’ products and industries include:

Medical Foods
Nutritional Supplements
Natural Foods
Electronic Vaporizers
Cosmetics
Apparel
Handbags
Fashion Accessories
Footwear
Vehicles and Vehicle Parts
Metals Fabrication
Industrial Lubricants
Cleaning Solvents
Hobby Supplies
Miscellaneous Consumer Goods

As an experienced litigator with significant experience defending clients in state and federal courts throughout the U.S., new clients also rely on Bao when they are sued or subject to government investigations. He thus has a successful track record of aggressively defending clients in antitrust, false advertising, trade secret misappropriation, and commercial disputes, as well as favorably resolving government investigations.

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Experience

Food and Consumer Products and Services

Defended multinational agrochemical and agricultural biotechnology corporation against class action lawsuits involving genetically modified crops.
Advised athletic footwear manufacturer on compliance with California’s ban on the importation of exotic animal skins, enumerated under Penal Code § 653o.
Represented product manufacturers in California Air Resources Board investigations concerning allegations of excess volatile organic compounds (VOC) and methylene chloride content.
Represented product manufacturers in California Department of Pesticide Regulation investigations concerning allegations of improperly registered pesticides.
Represented industrial facilities against environmental exposure claims under Proposition 65.
Represented food, nutritional supplement, fashion accessory, and footwear manufacturers and retailers against consumer exposure claims under Proposition 65.
Advised tour company and entertainment centers on liability waivers and related matters.

Competition

Defended medical foods company in lawsuit involving false advertising and labeling and related claims.
Defended metals fabricator in lawsuit involving trade secret misappropriation and related claims.
Defended road construction company in lawsuit involving bid rigging, price fixing, and market allocation antitrust claims.

Other Complex Disputes

Represented electric generation facility in multimillion-dollar dispute involving complex 418 MW Power Purchase and Sale Agreement with large, investor-owned utility.
Defended industrial facility specializing in materials conversion and titanium, steel, and high temperature alloys forging in administrative enforcement proceeding before the South Coast Air Quality Management District, concurrently prosecuting related writ lawsuit before the Superior Court challenging curtailment procedures.
Represented solar energy project developer in numerous disputes throughout U.S. involving Engineering, Procurement, and Construction agreements, supplier agreements, and commercial leases.

Trial, Arbitration, and Appeals

Trial and appellate counsel for asphalt plant operator in mineral trespass lawsuit brought by gold dredging company seeking disgorgement damages exceeding $10 million. Cal. Sierra Dev., Inc. v. George Reed, Inc., 145 Cal. App. 5th 663 (2017).
Arbitration counsel for recycling corporation in multimillion-dollar indemnity dispute concerning largest metals recycling facility in California.
Arbitration counsel for national qui tam law firm in multimillion-dollar professional negligence lawsuit.
Briefed and argued to defend judgment secured on behalf of Special Servicer before the California Court of Appeal in case involving effect of bankruptcy discharge.
Briefed and assisted with argument to defend order denying remand to State Court secured on behalf of Special Servicer before the U.S. Court of Appeals for the Ninth Circuit. Corral v. Select Portfolio Servicing, Inc., 878 F.3d 770 (9th Cir. 2017).
Briefed and assisted with argument to defend order appointing receiver over three commercial centers in Puerto Rico on behalf of Special Servicer before the U.S. Court of Appeals for the First Circuit.
Briefed and assisted with argument to defend judgment secured on behalf of test and measuring device company in case involving employment discrimination.

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Honors