Pillsbury Pillsbury Pillsbury
Pillsbury
Los Angeles
725 South Figueroa Street
Suite 2800
Los Angeles, CA 90017-5406
Tel. +1.213.488.7163
Fax. +1.213.608.3727
Admissions
State of California
Education
J.D., University of San Diego School of Law, 1986
B.A., University of California, Los Angeles, 1982

Professionals

Robert L. Wallan
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 25 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.

Representative Matters
IP and Technology Litigation
  • Represented major Japanese electronics manufacturer in patent license dispute involving DVD-ROM drives. Obtained favorable settlement the first day of trial following successful results before trial court on motions in limine. Central District of California, 2009
  • 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. Central District of California, 2010

Insolvencies, creditors' rights and related adversary proceedings
  • Executive Life Insurance Company. 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).
  • Represented major bank in collection and lender liability litigation and arbitration.  Defeated lender liability claims, collected outstanding balances plus fees and costs.  AAA and Clark County District Court, 2010
  • Global Health Sciences v. Richard Marconi, et al.  Prosecuted fraudulent transfer action against former shareholders who cashed out of corporation via a junk bond offering shortly before bankruptcy.  In representing institutional investors and trade creditors, recovered $17 million in settlements from individual defendants on the eve of trial.  Central District of California, 2007

Class Actions
  • Soualian v. International Coffee & Tea, LLC.  Defended class certification motion in consumer action alleging federal statutory violations under FACTA.  Central District of California, 2008.  Represented In-N-Out Burger and other clients in similar actions in similar cases across the country. 
  • Sutton v. Pinkberry.  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.  Los Angeles Superior Court, 2008
  • Du v. Yogurtland Franchising Inc. Los Angeles Superior Court, pending. Defending  Obtained favorable settlement in class action lawsuit alleging false advertising and unfair competition claims.  Los Angeles Superior Court, 2011

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 insurance insolvencies.
  • Obtained unpublished decision from California Court of Appeal resulting in insurance recovery for restaurant chain’s wage and hour class action settlement.  Orange Country Superior Court and California Court of Appeal, 2007
  • Obtained AAA arbitration award finding coverage for California wage and hour claims.  Used finding of coverage as collateral estoppel to obtain numerous multi-million dollar insurance recoveries for national restaurant chains.
  • Ongoing representation of a major forest products manufacturer in connection with litigation seeking recovery under long term environmental liabilities.

Other Cases

  • Binding arbitration confirmed by final judgment in the Southern District of New York.  Prosecuted claim for client against former Fortune 100 corporate affiliate under spin-off agreement.  Dispute involved corporate and insurance coverage issues, and resulted in a $23 million recovery.  2005
  • Robbins v. Shelley.  Defeated multiple efforts to enjoin the 2003 California gubernatorial recall election on constitutional grounds.  Los Angeles Superior Court, 2003
  • Capital Salvage v. Chicago Title Company.  Obtained defense judgment following trial for escrow company in connection with a complex commercial real estate transaction. Issues focused on standard of care and statutory LLC formation.  Los Angeles Superior Court, 2003
  • 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.  Riverside Superior Court, 2002

Affiliations

American Bar Association, Los Angeles County Bar Association (Litigation section)

Courts

U.S. District Courts for the Northern, Southern and Central Districts of California, Ninth Circuit Court of Appeals

Pillsbury
Pillsbury Pillsbury Pillsbury