William N. Hebert

City: San Francisco

EDUCATION

• J.D., University of California, Boalt Hall School of Law (1988)
• A.B., Stanford University, 1983 (with distinction)

EMPLOYMENT

• Current: Partner, Calvo & Clark, LLP

PAST:

• Of Counsel, Kirkpatrick & Lockhart Preston Gates Ellis, LLP
• Partner, Coudert Brothers, LLP
• Partner, Abrams & Hebert, LLP
• Deputy City Attorney, Office of the San Francisco City Attorney
• Associate, Morrison & Foerster, LLP

STATE BAR ACTIVITIES

• Member, Antitrust and Unfair Competition Section
• Member, Litigation Section

LOCAL BAR ACTIVITIES

• Member, Bar Association of San Francisco
• Member, Alameda County Bar Association

PROFESSIONAL AFFILIATIONS

• Member, Board of Directors, San Francisco Legal Aid Society - Employment Law Center
• Member, Board of Directors, The Public Interest Law Project
• Member, American Bar Association
• Member, Guam Bar
• Panel Mediator, U.S. District Court for the Northern District of California

OTHER ACTIVITIES:

• Member, Board of Trustees, Prospect Sierra School

PUBLICATIONS

• Patents and Antitrust: Application to Adjacent Markets, Nicholas Economides and William Hebert, Vol. 6 Journal on Telecommunications & High Technology Law, Issue No. 2 (U. Colo. School of Law 2008)
• Proposition 64: Fashionably Retro, California Civil Litigation Reporter (Vol. 28 No. 4) (CEB August 2006)
• Listerine "Freshens Up" California's False Advertising Law: Pfizer Decision Dramatically Restricts Plaintiffs Who Can Bring UCL Lawsuits. The Corporate Counselor, Published by the Corporate Law Departments Section of the Los Angeles County Bar Association (Summer 2006)
• Unfair Competition Law Update: A Look at 2005. California Civil Litigation Reporter (Vol. 28, No. 2) (CEB April 2006) (with Matthew G. Ball)
• Dura Pharmaceuticals in the Courts: California's Central District Dismisses an Action for Failure to Adequately Plead Loss Causation. Securities Mosaic (May 2005)
• Increasing interplay between state and federal class action law, new federal class action rules, and proposed changes to federal diversity jurisdiction are some of the highlights of recent class action developments. California Civil Litigation Reporter (Vol. 26, No. 3) (CEB June 2004)
• Class Action Developments 2003-2004. Association of Corporate Counsel, San Francisco Bay Area Chapter, Focus Magazine (First Quarter 2004)
• Recent Developments In California Business And Professions Code Section 17200 Suggest To Lawyers To Try And Try And Try Again. California Section 17200. Report, Mealey's Publications (June 2003)
• Now you're getting sued by another lender: an Arizona case could make loan take-outs a lot tougher. ABA Banking Journal (Vol. 95, No. 4) (April 2003)
• Portfolio Management and the Rise of the Secondary Market Lender Liability: Preventing Liability in the Take-Out of a Loan. Commercial Lending Review (Vol. 18, No. 2) (March 2003)
• Washington Mutual v. Superior Court: Defendants' Victory? California Civil Litigation Reporter (Vol. 23, No. 2) (CEB March 2001)
• Fair-use defense applies in aftermarket situations, The National Law Journal, May 1, 2000 (with Victoria E. Brieant)
• Asserting Intellectual Property Rights in Monopoly Leveraging Antitrust Cases: Business Justification or Pretext? Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California (Vol. 8, No. 1 - Spring 1999)
• Cross-Examining Survey Experts, California Civil Litigation Reporter (Vol. 21, No. 7) (CEB Nov. 1999)
• The Current State of Classwide Arbitration in California, California Litigation Magazine (Vol. 12, No. 3) (1999)
• Protecting You and Your Expert from Conflicts of Interest, California Civil Litigation Reporter (Vol. 20, No. 6) (CEB Sept. 1998)
• Pfizer, Inc. v. Superior Court of Los Angeles County (2006) 141 CA4th 290, __ CR2d __. In false advertising action, each putative class member must have suffered injury in fact and lost money or property as result of reliance on false advertising. California Civil Litigation Reporter (Vol. 28 No. 4) (CEB August 2006)
• Bardin v. DaimlerChrysyler Corp. (2006) 136 CA4th 1255, 39 CR2d 634. Plaintiffs fail to state a claim under UCL using either definition of "unfair." California Civil Litigation Reporter (Vol. 28 No. 2) (CEB April 2006)
• Dura Pharmaceuticals Inc. v. Broudo, 125 S.Ct. 1627 (2005). Supreme Court reverses Ninth Circuit decision on loss causation in federal securities actions (co-authored with James E. Topinka). California Business Law Reporter (Vol. 27 No. 1) (CEB July 2005)
• Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 C4th 319, 17 CR2d 906. Trial court did not abuse its discretion in certifying class action suit for recovery of unpaid overtime compensation. California Civil Litigation Reporter (Vol. 26 No. 5) (CEB October 2004)
• Oxy Resources LLC v Superior Court (2004) 115 CA4th 874, 9 CR3d 621, modified at 2004 Cal App Lexis 275. Parties' "joint defense agreement," entered into before they were sued by third party, cannot serve as sole basis to withhold documents from disclosure; in camera review is required to determine whether disclosure of documents should be compelled. California Civil Litigation Reporter (Vol. 26, No. 2) (CEB April 2004)
• Cruz v. PacifiCare Health Sys., Inc. (2003) 30 C4th 303, 133 CR2d 58. Claims to enjoin misleading advertising under unfair competition and false advertising laws are not subject to arbitration. California Civil Litigation Reporter (Vol. 25, No. 3) (CEB June 2003)
• Korea Supply Co. v Lockheed Martin Corp., (2003) 29 C4th 1134, 131 CR 29. Nonrestitutionary disgorgement of profits is not an available remedy in individual action under UCL. California Civil Litigation Reporter (Vol. 25, No. 2) (CEB April 2003)
• Lockheed Martin Corp. v Superior Court (Carrillo) (2003) 29 C4th 1096, 131 CR2d 1. Plaintiffs in toxic tort action, seeking class certification of "medical monitoring" class, failed to show that common issues predominate. California Civil Litigation Reporter (Vol. 25, No. 2) (CEB April 2003)
• Rosenbluth Int'l. Inc. v. Superior Court (2002) 101 CA4th 1073, 124 CR2d 844. Plaintiff lacks standing to bring UCL action on behalf of private corporations. California Civil Litigation Reporter (Vol. 24, No. 7) (CEB Nov. 2002)
• Corbett v. Superior Court (2002) 101 CA4th 649, 125 CR2d 46. Claim under UCL may be brought as class action. California Civil Litigation Reporter (Vol. 24, No. 7) (CEB Nov. 2002)
• Schlage Lock Co. v. Whyte (2002) 101 CA4th 1443, 125 CR2d 277. The Fourth District completely rejects doctrine of inevitable disclosure in trade secret cases. California Civil Litigation Reporter (Vol. 24, No. 7) (CEB Nov. 2002)
• Glenn K. Jackson, Inc. v. Roe (9th Cir. 2001) 273 F3d 1192. Law firm whose billing records were audited for firm's client by defendant auditors could not sue auditors for negligence, fraud, or unfair business practices, but may have claim for defamation. California Civil Litigation Reporter (Vol. 24, No. 1) (CEB Feb. 2002)
• Marin Tug & Barge, Inc. v. Western Petroleum, Inc. 9th Cir. Nov. 14, No. 99-17154). Going to court did not create liability for intentional interference with contractual advantage. California Civil Litigation Reporter (Vol. 23, No. 8) (CEB Dec. 2001)
• Comedy III Prods., Inc. v. Gary Saderup, Inc. (2001) 25 C4th 387, 106 CR2d 126. Use of Deceased's Likeness California Supreme Court formulates balancing test between First Amendment and right of publicity based on whether artist's depiction of celebrity adds significant elements that transform it into more than mere celebrity likeness. California Civil Litigation Reporter (Vol. 23, No. 4) (CEB June 2001)
• Advanced Bionics Corp. v. Medtronic, Inc. (2001) 87 C4th 1235, 105 CR2d 265, modified (Apr. 18, 2001). California court did not err when it issued restraining order against pursuit of Minnesota action to enforce covenant not to compete. California Civil Litigation Reporter (Vol. 23, No. 3) (CEB May 2001)
• Vacanti v. State Compensation Ins. Fund (2001) 24 C4th 800 102 CR2d 562. Medical providers' conspiracy and unfair competition claims against workers' compensation insurers are not barred by exclusivity provisions of Workers' Compensation Act. California Civil Litigation Reporter (Vol. 23, No. 1) (CEB February 2001)
• Hydranautics v. FilmTec Corp. (9th Cir. 2000) 204 F3d 880. Finding that underlying patent infringement suit was not "objectively baseless" did not bar subsequent malicious prosecution action. California Civil Litigation Reporter (Vol. 22, No. 3) (CEB May 2000)
• PMC, Inc. v. Kadisha (2000) 78 CA4th 1368, 93 CR2d 663. Officers and directors may be held personally liable for intentional torts committed by corporation if they knowingly participated in, consent to, or approved of tortious conduct. California Civil Litigation Reporter (Vol. 22, No. 3) (CEB May. 2000)
• Schnall v. Hertz Corp. (2000) 78 CA4th 1144, 93 CR2d 439. Class action plaintiffs, who alleged that car rental company unfairly and fraudulently conceals or obscures fuel service charge, stated cause of action under Unfair Competition Law. California Civil Litigation Reporter (Vol. 22, No. 3) (CEB May 2000)
• Electro Optical Industries, Inc. v. White (1999) 76 C.A.4th 653, 90 CR2d 680. Court adopts inevitable disclosure doctrine in trade secrets cases. California Civil Litigation Reporter (Vol. 22, No. 1) (CEB Feb. 2000)
• Joint Defense Agreements and the Common Interest Doctrine, CEB Program Materials on Complex Litigation (San Francisco, August 17, 2007)
• Getting the Most out of Your Patents by Sharing Them: The Rising Tide of Patent Pools. Kirkpatrick & Lockhart Nicholson Graham LLP Legal Education Seminar for In-House Counsel (September 21, 2006) (with Deborah Bailey-Wells)
• Conflicts of Interest and You. Bay Area Forensic Expert Witness Association (June 14, 2006)
Class Actions and the Unfair Competition Law: Classwide Arbitration Waivers. Conference on 2006 Class Action and UCL Litigation, Bridgeport Continuing Education (May 18, 2006) (with Matthew G. Ball)
• Class Actions and Unfair Competition: Proposition 64. Conference on 2006 Class Action and UCL Litigation, Bridgeport Continuing Education (May 18, 2006) (with Matthew G. Ball)
• Meeting Daubert and Kelly/Frye Standards. Conference on Effective Use of Expert Testimony, Bridgeport Continuing Education (January 20, 2006)
• Business & Professions Code Sections 17200 and 17500: Overview of Recent Developments and a Look Ahead. California Section 17200 Litigation Conference, Bridgeport Continuing Education (January 20, 2005)
• Experts at the Gate: When Expert Testimony is Admitted and When it is Excluded (co-author Horace Austin). Expert Testimony in Civil Litigation Conference. Bridgeport Continuing Education. January 11, 2005
• Standing and Restitution in Cases Brought Under Business and Professions Code Section 17200. CEB Program, Unfair Competition: Section 17200 and Beyond (Sacramento 2003)
• Standing In Cases Brought Under Business & Professions Code Section 17200. CEB Program, Unfair Competition: Section 17200 and Beyond (San Francisco April 2003)
• Trade Secrets, Misappropriation and Common Law Unfair Competition. CEB Program, Unfair Competition: Section 17200 and Beyond (San Francisco April 2003)
• Developments in Expert Testimony in Non-Scientific Disciplines (presented at ALI-ABA April 26, 2001) (co-author Victoria E. Brieant)
• Antitrust in a Borderless World (presented at ALI-ABA, September 25, 2000) (co-authored by Victoria E. Brieant)
• Fundamentals of Business Torts (co-authors Jon Tigar and Joseph Saveri) and The Basics of Antitrust and Unfair Business Practices. Presented at CEB - Fundamentals of Business Litigation (September 22, 2000)
• Developing Legal Issues and Effective Practice Techniques in Mediation and Arbitration, USDC, Northern District ADR Program (February 14, 2000) (co-authored with Victoria E. Brieant

Message to District Constituents

Vice-President
Hebert, William N. (District 4)
Calvo & Clark, LLP
One Lombard Street
San Francisco, CA 94111
Phone: 415-374-8370
FAX: 415-374-8373
whebert@calvoclark.com

© 2010 State Bar of California