Robert L. Wallan

Robert regularly counsels and represents clients in matters involving privacy and consumer protection laws. He advises clients regarding publicity and press issues that often accompany significant litigation and other disputes.

• Advising the largest commercial property owner and other clients on insurance claims arising from the 2025 Palisades Fire disaster.
• Engaged after client suffered “nuclear” $82 million jury verdict, coordinating a successful appeal while concurrently pursuing litigation against primary insurer that had refused to negotiate pre-trial settlement. Resolved litigation with significant recovery beyond policy limits to fully extricate client from liability with all fees and costs recovered.
• Via writ petition in the Fourth District Court of Appeal, obtained appellate court reversal of trial court arbitration order on constitutional grounds involving grossly inflated $108 million mechanics lien against rare earth mining operation.
• In the Northern District of California, multiple rounds of briefing and arguments resulted in dismissal of a national class action lawsuit alleging violations of the Federal Right to Privacy Act where our international money transfer client responded to government subpoenas seeking information to aid law enforcement investigating money laundering and human trafficking.
• Coordinated strategy regarding significant adverse publicity and social media posts for several national restaurant chains on issues ranging from claims of contamination to false advertising, privacy breaches and trustee misconduct.
• Currently serving as lead counsel for international food manufacturer in litigation and arbitration with former CEO terminated for misconduct.
• In contract and bad faith dispute where client licensee admitted liability for intentional breach, obtained arbitration award after trial, reducing payment obligations by over 60%.
• In 2023, obtained full policy recovery via arbitration award on cyber spoofing claim after insurer denied coverage.
• Advised major wine shipping company in dispute with non-performing payment transaction vendor and negotiated contract termination.
• Long-time outside counsel for In-N-Out. Deep experience in restaurant and food industry via representation of many restaurant chains, distributors, packaged food producers, growers and others.
• Representing video game developer for mobile device applications in California state court class action litigation alleging consumer privacy violations.
• Long-time insurance coverage counsel for Stanford University.
• On behalf of law firm client, defeated Rule 11 and related sanctions claims asserted by insurance company law firm engaged in repeated ethical violations.
• Long-time advice to one of the major international credit card companies on ongoing cyber insurance policy forms and related issues.
• Fluidmaster's lead counsel in insurance recovery and bad faith litigation over multiple insurers' refusal to defend and indemnify it in more than a dozen nationwide product liability mass and class actions. Prevailed on multiple summary issue adjudication motions to establish coverage, with final settlement coming just days before trial of bad faith claims. Total recoveries of defense and indemnity exceeded $50 million, including Brandt fees.
• Recovered defense and indemnity for a national bank against insurers who improperly denied D&O coverage claims on more than $150 million exposure for securities claims.
• Led Pillsbury team representing national food distributor in state court litigation against reseller to recover more than $20 million in losses resulting from a massive government beef recall involving “Hot Pockets.” Regular advice to a range of clients regarding product recalls, contamination and labeling.
• Lead counsel for Lenny & Larry’s in multiple nationwide class actions involving allegations of inaccurate nutritional labeling for its popular high-protein cookie. Obtained class favorable settlement on behalf of client approved by court in 2019.
• Representing multiple international brands in defense of consumer class action claims in the California state and federal trial courts, including CCPA, ADA, CLRA, Song-Beverly Card Act and other statutes.
• Lead counsel for The Broad in federal litigation obtaining coverage under a nonprofit D&O policy in connection with claims arising from the construction of its modern art museum in Los Angeles.
• Through 2025, representing Rayonier Inc. in one of the oldest lawsuits pending in the California courts involving dozens of insurance companies. Interim arbitration and settlement efforts in this environmental coverage litigation recovered nearly $100 million.
• Advise numerous leading restaurant chains regarding brand protection strategy, including trademark enforcement claims and litigation.
• Successfully defended former director and officer of Silicon Valley "incubator" company against breach of fiduciary duty and fraud claims brought by receiver in California and in related advancement proceedings in Delaware. Receiver ultimately conceded there was no defense to summary judgment motion, leading to court-approved settlement providing an express apology by receiver to client for the baseless claims filed.
• Defeated class certification and obtained dismissal of consolidated nationwide federal suits against Medora Foods alleging false advertising based on "all natural" and GMO claims. Lead counsel in many similar suits.
• Defeated multiple motions for summary judgment against former directors and officers leading to $17 million recovery in federal litigation arising from a leveraged buyout and subsequent bankruptcy of a nutritional supplement manufacturer.
• Served as trial and appellate counsel to largest policyholder group in the $9 billion Executive Life Insurance Company insolvency proceeding. Recovery exceeds $2.1 billion for institutional policyholder group clients serving as indenture trustees under municipal bond offerings. Coordinated significant press strategy and bondholder notification where clients were concurrently named as defendants in securities class action. Full recovery of attorneys’ fees incurred.
• Defeated lender liability claim and obtained full recovery, including legal fees for bank lending group in $50 million binding arbitration and related foreclosure litigation arising from the Chrysler bankruptcy.
• Defended a domain name startup company and its principals in federal suit alleging fraudulent misrepresentations in a merger and sale transaction. Case settled on eve of trial with recovery of client's legal fees.
• Represented Yogurtland in binding arbitration against distributor who alleged breach of long-term distribution agreement. Obtained defense award and recovery of legal fees.
• Represented Xerox Corporation outside directors in securities litigation and related coverage suit under D&O policy where insurer unsuccessfully sought to rescind excess policy.
• Defeated certification in a nationwide class action against International Coffee and Tea, a national beverage retailer, in a series of lawsuits under the Fair and Accurate Credit Transaction Act of 2003 (FACTA), a federal statute regulating the information that can be printed on credit card receipts that took effect in December 2006. Defended more than a dozen other FACTA cases, obtaining highly favorable results in each instance. In addition, was able to secure insurance coverage to pay a majority of clients' legal fees and costs.
• Represented major New York-based bank in district court trial and Ninth Circuit appeal against holding company of insolvent insurance company. Holding company interfered with $13 million special deposit contract; ultimately obtained recovery in bankruptcy proceeding.
• Notable Appellate and Other Decisions
  • Holding that municipal guaranteed investment contracts—Muni-GICs—are lawful insurance products, rejecting Insurance Commission effort to void $1.85 billion in policyholder claims. Texas Commerce Bank v. Garamendi, 11 Cal. App. 4th 460 (1992).
  • Reversing trial court on emergency writ petition, obtained the first known court rejection of an insurance commissioner’s insolvency rehabilitation plan. Commercial National Bank v. Superior Court, 11 Cal. App. 4th 393 (1993).
  • Obtained award of legal fees for defeating insurance commissioner in TCB I after trial court denial. Texas Commerce Bank v. Garamendi (TCB II), 28 Cal. App. 4th 1234 (1994).
  • Obtained court rejection of commissioner’s effort to include unlawful contracts in liquidation estate. In re Executive Life Insurance Company, 32 Cal. App. 4th 344 (1995).
  •  Affirmed trial court decision finding that wage and hour claims covered by employment practices insurance. SWH Corporation v. Select Insurance Company, WL 2786930 (2006).
  • Following partial summary judgment and trial, obtained reversal of trial court order and finding as a matter of law that Fremont interfered with contract between ank and New York regulator. Bank of New York v. Fremont General Corporation, 514 F. 3rd 1008 (2008).
  • Holding that collateral estoppel not applicable to trial court alternative theories where prior appellate decision addressed only one theory. Zevnik v. Superior Court, 159 Cal. App. 4th 76 (2008).
  • Rejecting seller’s efforts to shift $65 million in property tax liability to buyer in nearly $1 billion transaction. GSE, et al. v. Apro, Inc. B338491, Second District Court of Appeal (2025).
  • To be published overturning $30 million judgment against school district because trial court and jury failed to recognize that district was immune from liability for off-campus murder. Taylor v. Los Angeles Unified School District B333718, Second District Court of Appeal (2025).
  • Obtained dismissal of class action alleging privacy violations for compliance by money transfer defendants with criminal investigation subpoenas where plaintiffs failed to include state attorney general as party. Sequeria, et al v. United States Department of Homeland Security, 722 F. Supp.3d 996 (2025).

• Co-Leader of the Insurance Recovery & Advisory practice group, which is ranked nationally by Chambers USA and was named by Law360 as a Practice Group of the Year in 2010, 2015, 2016, 2020 and 2022.
• Board of Governors, Association of Business Trial Lawyers, Los Angeles Chapter 2018–2021.
• Los Angeles Business Journal “Top 50 Litigators in Los Angeles” 2018.
• General Counsel and Secretary, UCLA Alumni Association 2012–2014.
• California Epsilon House Corporation, administering UCLA’s largest fraternity student scholarship fund. President (2014–2017), Chairman (2017–2023).
• Speaking Engagements
  • Palisades and Eaton Fires update. California MCLE live and video presentations, January 2025.
  • California’s Consumer Privacy Act of 2018—Navigating the new statutory privacy standard in the world’s fifth largest economy. Presentation to the National Risk Management Society. Jointly presented with John Kline, ARM, Director, Risk & Insurance Management for Discover Financial Services. May 1, 2019.
  • Western Fires and Eastern Hurricanes: An Update on Losses and Recovery Strategy, Pillsbury’s California CLE Marathons, January 2018.
  • Restaurant Delivery – New Models, New Choices, New Issues. UCLA Extension Restaurant Industry Conference, May 2017.
  • Co-presented the "Social Consciousness – Not Just for the Millennials" panel session at Corporate Counsel's West Coast General Counsel Conference in San Francisco in November 2015.
  • Is Your Company Prepared for a Crisis? Managing Public Relations and Operations. Chaired panel addressing food safety, public relations, social media and privacy in the restaurant industry. UCLA Extension Restaurant Industry Conference, April 2013.