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725 South Figueroa Street Suite 2800 Los Angeles, CA 90017-5406 |
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| Tel. | +1.213.488.7163 |
| Fax. | +1.310.286.6672 |
Professionals
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Robert L. Wallan
Partner |
Mr. Wallan is a senior litigation partner and trial lawyer with a broad range of experience in technology, securities, business disputes, insurance, and corporate insolvencies. During the last 24 years, Mr. Wallan has tried dozens of cases in the state and federal courts and in binding arbitrations on topics such as merger and acquisition disputes, distribution and license agreements, dealership terminations, lending practices, bond defaults, insolvencies, real estate, indenture trustee obligations, and insurance coverage disputes.
Mr. Wallan represents clients engaged in hedge fund investments and banking, electronics manufacturing, the restaurant industry, chemicals, timber and real estate, among other areas.
IP and Technology Litigation
- Represented major Japanese electronics manufacturer in patent license dispute involving DVD-ROM drives. Obtained favorable settlement the day of trial following successful results on motions in limine.
- Defended selling domain name start up in federal litigation concerning disputes arising from merger agreement. Negotiated settlement near trial by which plaintiff dismissed and paid most of client’s legal fees.
Insolvencies and related adversary proceedings
- Executive Life Insurance Company. Los Angeles Superior
Court and Second District Court of Appeal. Mr. Wallan served as trial
and appellate counsel to the largest policyholder group in the ongoing
Executive Life Insurance Company insolvency. Through four trial court
and appellate proceedings, Pillsbury's efforts established liquidation
priority and ratable treatment standards over repeated challenges from
the California Insurance Commissioner and many other parties. Pillsbury
recovered $1.8 billion for its clients, and obtained reimbursement for
its clients of all of Pillsbury's fees and costs incurred throughout the
extended proceedings. Published opinions include Texas Commerce Bank v. Garamendi,
11 Cal. App. 4th 460 (1992)(establishing that a Muni-GIC is a lawful
life insurance product entitled to policyholder treatment); Commercial National Bank v. Superior Court,
14 Cal. App. 4th 393 (1993)(first U.S. decision rejecting an insurance
commissioner's rehabilitation plan as unlawfully discriminatory); Texas Commerce Bank v. Garamendi (TCB II), 28Cal. App. 4th 1234 (1994)(establishing that liquidator is bound by insolvent's contractual obligations); and In re Executive Life Insurance Company, 32 Cal. App. 4th 344 (1995)(addressing numerous insolvency standards and awarding interest).
- Global Health Sciences v. Richard Marconi, et al.,
United States District Court, Central District, 2007. Prosecuted
fraudulent transfer action against former shareholders who cashed out of
corporation via a junk bond offering. In representing institutional
investors and trade creditors, recovered $17 million in settlements from
individual defendants on the eve of trial.
- Sutton v. Pinkberry. Los Angeles
Superior Court, 2008. Negotiated favorable cy pres settlement of consumer class action alleging false advertising, violations of the California Unfair Competition Statute, and a claim under California's Consumer Remedies Act.
- Du v. Yogurtland Franchising Inc.
Los Angeles Superior Court, pending. Defending class action lawsuit alleging false advertising and unfair competition claims.
- Johnson v. Boston, et al. Los Angeles Superior
Court. Successfully defended a major national bank through favorable
settlement in a securities class action. Lawsuit based on the default of
nearly $100 million of privately placed promissory notes issued in
connection with sub-prime automobile paper.
Insurance
- In addition to the Executive Life insolvency described above, represented trustees, policyholders and other claimants in connection with the Mission, Home, Superior National, and Fremont Indemnity state insurer insolvencies.
- In-N-Out Burgers v. Federal Insurance Company. United States District Court, Central District of California. Won summary judgment against insurer in coverage and bad faith dispute on unprecedented issue of preventative measures.
- Ho v. Hamilton Financial.
Los Angeles Superior Court, jury trial. Defeated claims against lender
and insurer based on force-placed insurance practices. Trial court
directed verdict in defendants' favor at close of evidence.
- Ongoing representation of a major forest products manufacturer in connection with litigation seeking recovery under long term environmental liabilities.
Other Cases
- Pacific Lumber v. State of California, Sacramento Superior Court, ongoing. Representing litigation trust created in the Scotia Pacific bankruptcy prosecuting claims that State breached the Headwaters Agreement, an historic timber and environmental transaction involving protection of old growth forests and timber harvest regulation.
- Capital Salvage v. Chicago Title Company. Los Angeles Superior Court, bench trial, 2003. Obtained defense judgment for escrow company in connection with a complex commercial real estate transaction. Issues focused on standard of care and statutory LLC formation.
- Robbins v. Shelley. Los Angeles Superior Court, 2003. Defeated multiple efforts to enjoin the 2003 California gubernatorial recall election on constitutional grounds.
- Obtained favorable settlement for client, a restaurant chain, following appellate victory in case seeking reimbursement for settlement costs in wage and hour class action.
- Binding arbitration confirmed by final judgment in United States District Court for the Southern District of New York, 2005. Prosecuted claim for client against former corporate affiliate under spin-off agreement. Dispute involved corporate and insurance coverage issues, and resulted in a $23 million recovery.
- Obtained judgment and writ of mandate for client, a hedge fund, against municipality and community facilities district based on its misuse of bondholder proceeds and failure to comply with indenture obligations.
- Obtained jury verdict and recovered judgment on note recovery claim
for client, a finance company, that included a cross complaint for
lender liability.
American Bar Association, Los Angeles County Bar Association (Litigation section)
U.S. District Courts for the Northern, Southern, Central and Eastern Districts of California, Ninth Circuit Court of Appeals


