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Cindy Hamilton is an experienced litigator focused on complex commercial litigation, including class action defense, in the areas of financial services, real estate, employment and intellectual property. She has counseled and represented company and individual clients on matters involving contract disputes, fraud claims and unfair competition. Her practice also includes transactional intellectual property work, including advising clients on copyright and trademark rights and protection. She has broad experience representing clients in jury and non-jury trials. Cindy is the Pro Bono Coordinator of the firm’s Silicon Valley office.

Concentrations

  • Financial Services litigation
  • Intellectual property litigation
  • Employment litigation
  • Real estate litigation

Capabilities

Experience

  • Obtained multiple dismissals in both state and federal courts in cases for breach of fiduciary duty, fraud, wire fraud, elder abuse and conversion claims against banks.
  • Obtained dismissal of fraud and violation of consumer protection statute claims on behalf of financial institutions in individual lender actions.
  • Prevailed on summary judgment on behalf of international bank in complex commodities fraud action.
  • Prevailed on summary judgment in wire fraud case against depositor.
  • Represented a financial institution in matters alleging fraud and other claims in relation to an alleged Ponzi scheme. Obtained dismissal of actions.
  • $9 million judgment and punitive damage award in 2019 bench trial for real estate development client in fraud and breach of contract action against construction loan lender.
  • $700,000 judgment in arbitration for non-profit client for breach of contract action against commercial landlord.
  • Obtained dismissal of real estate investment trust in jury trial.
  • Obtained dismissal of real estate investment trust in indemnification action.
  • Obtained preliminary injunction for toy company for copyright and trademark infringement.
  • Counseled University on copyright protection and enforcement issues.
  • Represented clients in counterfeiting presentations before U.S. Customs and Border Protection.
  • Represented major fashion retailer at trial in wage and hour class action.

Recognition & Leadership

  • Team Member, a Law360 "Real Estate Practice Group of the Year," 2023
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
  • Recipient, Advocate of the Year, Community Legal Services in East Palo Alto, 2020
  • Member, American Bar Association
  • Pro Bono Attorney, Law Foundation of Silicon Valley (Fair Housing Law Foundation)

Credentials

Education
  • J.D., Santa Clara University School of Law, 2001
    • Comments Editor, Santa Clara Law Review
  • B.A., cum laude, Santa Clara University, 1998
    • Phi Sigma Iota, Foreign Language Honor Society
  • B.S., cum laude, Santa Clara University, 1998
    • Vice-President, Psi Chi, National Honor Society in Psychology
Admissions
  • California