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John D. Minton
John D. Minton

Mr. Minton is an experienced litigator whose practice focuses in two areas: business litigation and trusts and estates litigation. As a business litigator, Mr. Minton has handled a range of significant complex commercial litigation matters on behalf of both plaintiffs and defendants. He has favorably resolved numerous disputes concerning trademarks and trade secrets, unfair competition, fraud, breach of contract and fiduciary duty, and corporate dissolution, among others. Mr. Minton has represented individuals and businesses in a variety of industries, including technology, real estate and financial, and worked with companies across the growth spectrum from startups to Fortune 500 businesses.

In the field of trusts and estates litigation, Mr. Minton has represented beneficiaries, fiduciaries and others in actions relating to the validity/invalidity of wills and trusts, breach of fiduciary duty by trustees, removal/surcharge actions involving trustees, accounting controversies, and disputes concerning the characterization and distribution of property.

After graduating from law school, Mr. Minton served as a law clerk to the Honorable Martin J. Jenkins of the United States District Court for the Northern District of California. Prior to joining Carr McClellan, Mr. Minton was an attorney at Latham & Watkins LLP in San Francisco and Menlo Park specializing in intellectual property and business litigation.

Recent Experience Includes:

  • Defeated preliminary injunction motion in federal trademark action brought by large cosmetics company against client premium boutique cosmetics company, then reached settlement which allowed client to continue selling product line in question and required large company to pay damages to client
  • Settled case for less than 4% of plaintiff’s claimed damages in trade secret misappropriation and breach of contract action against semiconductor equipment client
  • Proved at trial that a trust which substantially disinherited Carr, McClellan’s clients (two of the grantors’ children) was created as a result of undue influence by a half-brother. The trial judge invalidated the challenged trust, and in doing so also found that financial elder abuse had been committed, entitling clients to recover their attorneys’ fees
  • Secured dismissal of federal action with no payment by biotechnology client in trade secret misappropriation lawsuit targeting client's novel enzyme technology used for processing biofuels
  • Settled case for less than 5% of amount sought by franchisor in federal breach of contract lawsuit against franchisee client
  • Obtained highly favorable settlement prior to suit from competitor accused of misappropriating confectionery client's proprietary customer list
  • Achieved complete victory prior to trial for investment bank client accused of misleading investors regarding prospects of merger of two technology companies

Academic Credentials

  • J.D., cum laude, University of California, Hastings College of the Law, 2002
  • Senior Editor, Hastings Law Journal
  • B.A., Law and Society, with high honors, University of California, Santa Barbara, 1997

Professional Affiliations

  • State Bar of California
  • San Mateo County Bar Association
  • Admitted to practice in the United States Court of Appeals for the Ninth Circuit and the United States District Courts for the Northern, Central, Eastern and Southern Districts of California

Civic Affiliations

  • Parks and Recreation Foundation of San Carlos, Board Member













   Phone: 650-342-9600
   Fax: 650-342-7685