JOHN B. WALLACE

johnwallace@rosen-law.com

Admitted to the California Bar, 1980.  EDUCATION: State University of New York at Stony Brook (B.A., 1975); University of Southern California (J.D., 1980), Staff Member Law Review .

APPELLATE WORK: U.S. Supreme Court: Successfully opposed petition for certiorari. Merchants v. Prometheus (1995) 516 U.S. 964. Obtained unanimous reversal extending RICO claim to claims against insurance companies despite McCarran-Ferguson Act (which delegated regulation of insurance to states). 50 F.3d 1486 (1995); page one coverage in L.A. Daily Journal. Successfully opposed petition for certiorari. Ross v. Stites (1989) 493 U.S. 854. Defended against RICO claim in legal malpractice defense and successfully defended dismissal of client. 862 F.2d 875, 1988 U.S. App. LEXIS 16057, 879 F.2d 866 and 1989 U.S. App. LEXIS 10269. Also avoided Cal. Supreme Court review. 1989 Cal. LEXIS 4468. Ninth Circuit: Antitrust Sherman Act case. D.D. Investors, Inc. v. Sherwin-Williams Co., 1993 U.S. App.LEXIS 21001. Obtained reversal in wrongful termination and age discrimination case. Tierney v. Unisource, 2000 U.S. App. LEXIS 19149. Qui tam case, appeal as to procedural errors. Pfingston v. MTA (2002) 284 F.3d 999. Appeal re wrongful termination. Rivera v. Disney, 2002 U.S. App. LEXIS 2740. Appeal re whether promissory notes were securities. SEC v. Wallenbrock (2002) 313 F.3d 532. California Court of Appeal - Appeals: Appeal of nonsuit in legal malpractice case. Willoughby v. Fehn, 2001 Cal. LEXIS 78. Appeal & petition for writ re attachment against a securities broker-dealer. Boston Group v. BKDL, 2000 Cal. LEXIS 6030. Successfully defended judgment against escrow company which I obtained. Imperial v. Hodgson (1997) 2 Civ. B 113200. Appeal re workers’ compensation immunity. Hernandez v. Smith (1997) 2 Civ. B101754. Successfully reversed order sustaining demurrers re startup’s private placement of securities. Z Auction v. Smith Barney, 2002 Cal. App. Unpub. LEXIS 6961.  Appeal as to breach of contract by auditor. Wiz Technology, Inc. v. Coopers & Lybrand LLP (2002) 106 Cal. App. 4th 1. Successfully reversed summary judgment re fiduciary duty. Sunset Palisades v. King, 2004 Cal. App. Unpub. LEXIS 712. Appeal & cross appeal as to construction dispute. Porrazzo v. Montan, 2003 Cal. App. Unpub. LEXIS 11577. Successfully defended Superior Court’s issuance of writ of mandate which I obtained against City as to EIR. Redlands v. Sunset Drive (2004) 2004 Cal. App. Unpub. LEXIS 674. Successfully defended trial court’s denial of class certification which I obtained in securities fraud case. Allocca v. Smith, 2005 Cal. App. Unpub. LEXIS 4064. Successfully defended money judgment which I obtained at trial. Frangie v. Iris, 2004 Cal. App. Unpub. LEXIS 8616. Pending defense of judgment for fraudulent conveyance which I obtained at trial & cross appeal re trial court’s own reversal of initial punitive damage award. Frangie v. Iris (2006) 2 Civ. B187383. Pending appeal of denial of motion to compel arbitration after bench trial & after California Sup. Ct. invalidated contractual jury waivers. Guidon v. Nixon (2006) 2 Civ. B188266. California Court of Appeal - Writs & Motions: Petition for writ re leave to amend complaint based on newly enacted statute. Teague v. Istrin, 1992 Cal.LEXIS 1705. Petition for writ re denial of TRO to prevent payment to offshore entities. Baynard v. Los Angeles (2004) 2 Civ. B178846. Petition for writ as to denial of leave to file amended complaint. Corona v. Los Angeles (2003) 2 Civ. B169800. Petition for writ as to attorney disqualification. NFFR v. Los Angeles (2004) 2 Civ. B178268. Successful writ petition re City cancellation of building permit. Barton v. Los Angeles, 2003 Cal. App. Unpub. LEXIS 7954. Petition for writ re denial of motion for summary judgment. BIDZ.Com, Inc. v. Los Angeles (2004) 2 Civ. B172460. Successfully defended priority of competing charging orders. Frangie v. Boren, 2004 Cal. App. Unpub. LEXIS 10762. Post decision motion re stay of remittitur. Antico v. Leydier, 2006 Cal. App. Unpub. LEXIS 1510.

TRIAL WORK: 2006: (1) NYSE defense re failure to supervise. (2) SEC defense re fraudulent financial projections. (3) Arbitration against hedge fund for fraudulent performance claims. (4) Arbitration for broker re wrongful termination. (5) Arbitration against broker-dealer for analyst misconduct. 2005: (1) Successfully avoided injunction in 2 phase jury/bench trial with SEC. (2) $2.5M arbitration award for long term employee against Goldman Sachs. (3) Won fraudulent transfer bench trial; oversaw receiver and sale of property. (4) Pending decision in evidentiary hearing before administrative law judge re desist and refrain order as to private placement of securities. (5) Worked up & settled NASD Customer Arbitration. (6) Worked up other commercial cases. 2004: (1) Successful anti-SLAPP (Strategic Lawsuit Against Public Policy) defense. (2) Lead defense counsel in securities class action, defeated class certification and defended on appeal. (3) Out of town bench trial re quiet title. 2003: Represented developer in numerous lawsuits over construction and against cities (right to permit, EIR, collection as to city liability, etc.) 2002: $800K in bench trial. Bench trial re developer fees. 2001: $2M summary judgment & execution. 2000: Real est., asset recovery & bus. lit. cases. Bench trial (real estate lease interp.). Defended company against SEC (settled). Prosecuted auditors (top five CPA firm) for untimely resignation. 1999: Defeated class certification (securities fraud). Prosecuted securities fraud ("pump & dump"). Opposed a $2.5M attachment. Prosecuted class action (fraud in a real estate limited partnership). Prosecuted claims v. large investment bank (failure of a private placement). 1998: Real estate fraud prosecution (ground lease & petrochemical contamination; $1.4M settlement). Jury trial (legal mal. arising from a securities arbitration). 1997: Legal mal. prosecution (arising from an IPO; $750K settlement). Bench trial (failure to record reconveyance). 1996: 3 week bench trial v. SEC (failure-to-supervise). Trial (v. major oil co. by franchisee). Trial (employment term.; offered $10K, Judge recommended $20K, jury awarded $170K). FIRREA defense v. U.S. Prosecuted assault & battery ($550K award). 1995: Prosecuted ins. fraud & accounting claims (fed. & state cases v. worldwide ins. broker, private referees, supervised staff, used large database). 1990-95: Commercial collections (entertainment industry). Wrongful term. cases. Arb. (broker’s failure to disclose). Prod. liab. cases (gas water heater, personnel lift, crumbling glassware, lawn chair, child's chair, power press & other industrial machinery). Wrongful death (including child, elder & breadwinner deaths), brain injuries, spinal & disc injuries, slips & falls, & auto. accidents. 1987-90: Won dismissal (fed. RICO claims by famous trial lawyer after numerous attempts by prior counsel); high visibility case, e.g., on 60 Minutes; extensive law & motion & discovery before special master; supervised & originated work for 4-5 junior lawyers; defended dismissal on appeal (above). Defended outside director (v. fed. RICO case by F.S.L.I.C. arising out of a failed S&L). Legal mal. defense (arising from real estate transaction; won dismissal & successfully defended on appeal). Defended psychiatrist (accused of illegal sexual relations; won dismissal after prior counsel's attempts). Securities fraud prosecution (restricted securities). 1980-86: Entry level bus. & tort lit. includ. mass med. prod. liab. def., project & case handling.

PUBLICATIONS: "Countdown to Trial" in Los Angeles Lawyer (Nov. 95) and Labor Code Section 4558 (1996).

PRACTICE AREAS:  Trial and Appellate Litigation. Business, Securities and Real Estate.