Condemnation Litigation
and Counseling
Eminent Domain
Mr. Markham has substantial experience litigating condemnation matters and cases brought under the eminent domain statutes. He is highly proficient in the law of takings and has litigated the issue of wrongful takings, including issues that have arisen under the Kelo doctrine, which surprisingly allows a government agency to condemn and take a property from one private owner and transfer it to another private owner on the ground that the new owner will make better use of the property! He also has extensive experience negotiating and litigating valuations issues, helping to ensure that his clients obtain fair value and “just compensation” for the properties that different government agencies take from them under threat of condemnation. Mr. Markham has obtained substantial settlements and condemnation awards for his clients, which have included the following substantial matters:
$4.4 Million Settlement in Complex Eminent Domain Litigation. In a complex eminent domain proceeding, Mr. Markham represented a large polypropylene factory located in Alameda County. The Oakland Unified School District condemned the property and made an initial offer of approximately $2.8 million. After a substantial litigation, the condemnor agreed to pay approximately $4.4 million for its taking. Case name: Oakland Unified School District v. Cheng (Alameda Cty. Sup. Ct., Case No. 2002-051449).
$3.1 Million Settlement in Cutting-Edge Eminent Domain Litigation. In a complex, novel eminent domain proceeding, Mr. Markham represented the owner of commercial property that a government agency chose to condemn and take so that it could transfer ownership to a private developer. This case was brought after the US Supreme Court ruled in the Kelo case that such takings were permissible upon a proper showing. The condemnor’s original offer was approximately $1.6 million, and the final stipulated award was worth approximately $3.1 million.
Our Ability to Accept Large Cases
Several times we have been opposed by teams of highly capable attorneys fielded by leading global law firms. In any such matter, or whenever the need arises, we can quickly assemble our own team of first-rate professionals who have worked with us successfully on prior occasion, and we can also procure essential litigation services from reliable outside service-providers, so that we are never outmatched or overwhelmed even by the largest or most pro-active global firm. We think that our work in these matters has reflected favorably on us, and we have obtained successful results for our clients in exceedingly difficult, sprawling, and complex antitrust controversies. All the while, we are able to maintain our reasonable billing arrangements because of the manner in which our practice is structured and our lean fixed costs.
Our Articles on Antitrust Law
Mr. Markham and Mr. Bona have given lectures on antitrust law for other attorneys (MCLE classes) and written extensively about antitrust law. Mr. Markham provides occasional commentary in his blog about antitrust issues that make the news, and Mr. Bona does this same in his own blog. Below you will find links to three articles on antitrust law written by Mr. Markham that have become reference sources for other attorneys and the general public:
“Welcome Antitrust Reform Now Pending in Congress,” By William Markham, © 2021
Senator Klobuchar’s Bill Really Might Become Law. Senator Amy Klobuchar (D-Minn.) has proposed a landmark antitrust bill, entitled the “Competition and Antitrust Law Enforcement Reform Act,” which after negotiation and modification might well receive bipartisan...
The Qualcomm Case Isn’t Even a Close Call: Qualcomm Blatantly Misused Its Standard-Essential Patents to Restrain Trade and Monopolize Markets. By William Markham
The Extraordinary Qualcomm Case. The defining antitrust issues of our time are at stake in the landmark case of Fed Trade Comm'n v. Qualcomm Inc., (N.D. Cal. 2017, Case No. 17-CV-00220-LH) ("Qualcomm"). Qualcomm specifically concerns standard-essential patents and...
The DOJ’s Investigation of the Auto Producers’ Draft Agreement with California: It Is Misguided and Likely an Abuse of Power. By William Markham
The United States Department of Justice has reportedly begun an antitrust investigation of four major automakers for possible unlawful collusion in violation of United States antitrust law. The cause of this investigation? The automakers tentatively agreed with the...