Quinn Emanuel


Kenneth R. Chiate Kenneth R. Chiate Quinn Emanuel 865 S. Figueroa St., 10th Floor Los Angeles California 90017 work(213) 443 3000 kenchiate@quinnemanuel.com Download vCard Los Angeles Office Tel: 213-443-3000 Fax: 213-443-3100 kenchiate@quinnemanuel.com Practice Areas Banking and Financial Institution Litigation Class Action Litigation Construction Litigation Intellectual Property Litigation Real Estate Litigation Securities Litigation Education University of Southern California Law School (1966-1967) Program for Advanced Professional Studies Columbia Law School (J.D., cum laude, 1966) Claremont Men's College (B.A., Dean's List, 1963) Publications and Lectures Chairman, Product Liability Litigation Seminar, Practicing Law Institute, 1986 Panelist, Rutter Group, 1986, Cross-Examination of Experts Panelist, Rutter Group, 1987 Personal Injury Update Panelist, Rutter Group, 1988 California Law Update Lecturer, 1989 Banking Law Institute, Controlling Legal Costs in Major Litigation Lecturer, Medical-Legal Techniques, Trial Practice Class, University of Southern California 1990 Lecturer, Travelers Insurance Claims Seminar, Reducing Costs of Litigation, 1990 Panelist, Rutter Group, 1990 Personal Injury Update Lecturer, American Bar Association, Litigation Section, Techniques For Effective Litigation Management Panelist, Rutter Group, 1991 Personal Injury Update Panelist, Rutter Group, 1992 Personal Injury Update Panelist, Complex Litigation Techniques, 1995 California Bankers Association Lawyers Conference 1996 American Bankers Association, Georgetown University Lawyers Conference 1996 Los Angeles County Bar Association "Masters" Series of Trial Techniques Panelist, Creative Fee Arrangements, 1998 Institute of Corporate Counsel 2001, "Masters of the Courtroom" Panelist, Litigation Section, State Bar of California 2002 CEB Panelist, "Complex Litigation Strategies" Los Angeles Complex Litigation Inn of Court, 2003, "Benefits of Mock Jury Research" "How Jurors Think; Courtroom Psychology and Trial Advocacy," ALM Publishing, (2003), p. 63 "Avoid Costly Mistakes Defending Class Actions," BNA Class Action Litigation Report, June 28, 2002, Vol. 3, No. 12 "Containing Costs From Outside Counsel's Point of View," 1995 California Bankers Association, Lawyers Conference "The Attorney Client Privilege and Work Product Doctrine: Some Practical Observations From Bank Counsels' Perspective,"1995 California Bankers Association, Lawyers Conference "Internal Investigations and the Attorney-Client Privilege," 1996 Georgetown University Law Center "Conducting and Protecting Work Place Investigations," 1997 California Bankers Association, Lawyers Conference "Billing Based on Output Rather Than Input (A/K/A Value Billing) and Other Alternative Fee Ideas," Institute for Corporate Counsel, 1998 "Risk-sharing, Results-based Fee Agreement Constrains Costs and Improves Results in Business Litigation," Corporate Counselor, 1998. Smart Ways to Resolve Complex Litigation, February 2000 Awards He was named one of California Lawyer Magazine's "Lawyers of the Year" and a "Southern California Superlawyer" by the publishers of Los Angeles Magazine. Professional Activities Member, California First Amendment Coalition, Litigation Advisory Committee Member, American Bar Association Section on Litigation Forum on Communications Law Aviation and Aerospace Subcommittee Trial Section Member, Los Angeles County Bar Association Bench Bar Media Committee Los Angeles County Bar Association, 1966- Maricopa County Bar Association California Conference of Lawyers, Insurance Companies and Adjusters Maritime Law Association of the United States Southern California Defense Council Association of Trial Lawyers of America Propeller Club of the United States Vice-Chairman, Los Angeles Junior Chamber of Commerce Columbia University Law Alumni Association Claremont Men's College Alumni Association Association of Business Trial Lawyers and Los Angeles Complex Litigation Inn of Court	Send to a friend Biography Mr. Chiate has recovered over $600 million in plaintiffs' verdicts and settlements, while at the same time defending corporations, partnerships and individuals in high stakes litigation. He has forty years experience (more than 65 jury trials) in complex civil tort and business litigation, including antitrust, patent and trade secrets, insurance sales practices and coverage, securities fraud, real estate, professional malpractice, products liability, bank fraud and lender liability, employment, and commercial bad faith litigation. Mr. Chiate has extensive involvement in jury research, witness preparation, risk analysis, computer management of complex cases and documents, and alternative dispute resolution techniques. Mr. Chiate was a partner of Pillsbury Winthrop, LLP and its predecessor firms for 36 years before joining Quinn Emanuel in 2002. He was a member of the Management Board of Pillsbury Madison & Sutro (formerly Lillick & McHose), from 1991 to 1993, and from 1999 to 2000, and was Chairman of the Litigation Department of Pillsbury's Los Angeles office, and a member of Pillsbury's Litigation Practice Committee. He joined Lillick & McHose in 1966, elected to partnership, 1973; Law Clerk, U.S. District Judge Walter E. Craig, (D.C. Arizona) 1970 (sabbatical); Municipal Court Judge Pro-Tem 1976-84; Los Angeles Superior Court Arbitrator, 1977-1994; Los Angeles Small Claims Court Judge Pro-Tem, 1977-1984; Joint Association Settlement Officer Program, Dispute Resolution Officer, Los Angeles County Bar Association 1989-1999; Member, 1990-2002 Los Angeles County Superior Court Jury Instruction Committee (BAJI); Los Angeles Superior Court Temporary Judge, 2003-2006; and currently serves as Early Neutral Evaluator for Los Angeles County Superior Court. Representative Clients American International Group American West Homes PalmOne Shell Oil Company Toyota Motors Corporation Trust Company of the West Caruso Affiliated Holdings Notable Representations Represented plaintiff Caruso Affiliated Holdings in anti trust and tortious interference jury trial, recovering $74 million in compensatory damages, and then $15 million in punitive damages, against General Growth Partners (GGP), the second largest mall owner/operator in the country. The case was based on the two year delay in development of a new Caruso "Lifestyle Mall" because GGP allegedly threatened tenants of their own mall not to sign a lease with the new mall being developed by Caruso Affiliated. Represented AIG as plaintiff and, during trial against reinsurers, settled claim and recovered in excess of $200 million. Represented national home builder in defense of, and resolved, claims by Deutche Bank to enforce completion guarantees exceeding $650 million. Represented plaintiff American West Homes in a case involving claims of fraud, breach of contract, and breach of guaranty related to the formation of a home development company that lost $20 million. Convinced the Court to bifurcate the equitable causes of action seeking the dissolution of the company and an accounting of its assets. After a month long trial, the Court agreed the contracts were enforceable and also rejected every single defense that defendants' raised in an attempt to avoid their obligations. The Court's ruling ensures a judgment for the client in excess of $20 million. Represented Shell Oil in an antitrust case challenging Shell’s retail and wholesale gasoline pricing practices throughout California. The case was brought by a dozen independent gas station operators who sell Shell-branded gasoline in San Diego, Los Angeles and San Francisco. The plaintiffs asserted a total of nine claims for relief, including alleged Petroleum Marketing Practices Act violations, breach of contract and fraud claims, and a variety of California law antitrust claims, including wholesale price discrimination, predatory pricing, secret rebates and unfair competition Obtained judgment as a matter of law dismissing all remaining claims after close of evidence following a five-week jury trial. Represented Toyota Motor Corporation in national class action alleging various false advertising, product liability and UCL claims involving Lexus vehicles. Obtained, by early dispositive motions, outright dismissal. Represented Equilon (Shell) in a jury trial against claims of fraud and punitive damages. Jury denied punitive damages and awarded only compensatory damages in the exact amount conceded was due plaintiff. Represented the plaintiffs in a class action against a major life insurance company for Bus. & Prof. Code § 17200 violations. Certified class and obtained a favorable settlement valued at over $35 million. Represented Equilon Enterprises, winning summary judgment on claims of fraud brought by independent franchisees. Represented several clients in high stakes family law disputes, recovering for one client over $150 million, and in another, upholding validity of a post marital agreement where community property was valued at over $500 million. Represented plaintiff clients in an action involving a breach of joint venture agreement. Settled in mediation, after a jury verdict, and recovered in excess of $200 million. Represented plaintiff clients in legal malpractice actions--one involving tax advice concerning an option straddle and others for poor defense of liability actions--recovering in excess of $1,750,000. Represented a California bank against claims by a bankruptcy trustee of lender liability and aiding and abetting "Ponzi Scheme" that looted the bankrupt corporation. Obtained dismissal of the $36 million lawsuit. Represented the plaintiffs in a national class action against a major life insurance company for B & P 17200 and Sales Practice Fraud. Negotiated a successful settlement where the recovery was valued in excess of $100 million. Represented Bank One in a national securities class action against allegations of the bank aiding and abetting a promoter in a $50 million Ponzi Scheme. Obtained a successful result in mediation. Obtained jury verdict of $15 million for eminent domain action for client vs. San Diego Redevelopment Agency. Represented policy holder clients in sales practice litigation which was mediated in the middle of trial. The confidential settlement was reported by the Wall Street Journal to be, "at least $62 million." Represented Bank of America in a fraud, breach of contract and lender liability case where claimes exceeded $180 million. The jury returned a defense verdict after an eight-month jury trial. The jury also returned a verdict in favor of the Bank on its cross-complaint for $3.5 million. *REPRESENTATIVE PENDING CASES* Representation of major national bank vs. Franchise Tax Board for $80 million tax refunds. Defending major trust company in $25 million breach of indenture and wrongful interference case. Representation of Fry's Electronics defending anti-alienation provisions in partnership agreement. Defending Shell Oil Company in claims by over 50 franchise dealers alleging fraud, B&P Code § 17200 and price discrimination.