Hilary Potashner

Practice Areas

Appellate Litigation

Complex Civil Litigation

Commercial Litigation

Intellectual Property and Patent Litigation

Trusts, Probate, and Estate Litigation

Internal Investigations and Compliance

White Collar Defense and Government Investigations

Career

The twice-appointed former Federal Defender for the Central District of California and a Fellow in the prestigious American College of Trial Lawyers, Hilary Potashner is highly regarded by the bench and bar alike. Throughout her 30 years of practice, Hilary has tried dozens of cases to verdict and has argued before the U.S. Court of Appeals for the Ninth Circuit. She has developed a deep familiarity and impressive credibility with state, federal, and appellate courts, and her wealth of experience serves the advantage of her clients.

Hilary joined Larson after years of public service, having started her career in the state court as deputy defender for the County of San Diego, after which she was selected to serve as the Acting Federal Defender for the Central District of California. Less than one year later, Hilary was appointed by the U.S. Court of Appeals for the Ninth Circuit to serve as the the Federal Defender for the Central District of California, where she led the largest defender’s office in the country, with more than 200 employees and an annual budget of nearly $40 million. As the chief defender, Hilary oversaw the representation of thousands of individuals facing federal charges in magistrate and district court.

In her white collar practice, Hilary successfully defends individuals facing charges in both state and federal court in a wide range of matters, including conspiracy, wire fraud, bank fraud, healthcare fraud, bankruptcy fraud, and other white collar cases. She also represents public and prominent figures and entities in pre-indictment investigations.

In her civil practice, Hilary represents individuals and entities in high-stakes commercial litigation and appeals. Her experience includes representing both plaintiffs and defendants in intellectual property and contract disputes, civil forfeiture, misrepresentation, negligence, civil theft, and garnishment cases. Her appellate victories include the SEC v. Yang et al. decision in which she secured the reversal of a $15.5 million judgment in favor of her clients and reduced their final judgment by millions, and the KST Data, Inc. v. DXC Technology Co. et al. decision in which she secured the reversal of a summary judgment and a $5.24 million judgment in a commercial contract dispute.

Recognized by judges and peers for her “unwavering commitment to high-quality, client-centered representation,” Hilary applies this full-service approach by listening attentively, developing a strong working relationship with each client, and ensuring their perspective is clearly depicted through every stage of litigation. She uses a strategic blend of tenacity and creativity to excel at negotiation and prevail at trial. Having built her reputation as a skilled courtroom advocate, Hilary was honored by the Los Angeles County Bar Association Criminal Justice Section as the 2020 “Defense Attorney of the Year.”

Professional Memberships

American College of Trial Lawyers, Fellow

Los Angeles Chapter of the Federal Bar Association, Board Member and Former President

Litigation Section Executive Committee for the Los Angeles County Bar Association, Member

American Inns of Court Los Angeles Chapter, Member

The Chancery Club of Los Angeles, Member

National Association for Public Defense, Systems Builders Committee Member

National Association for Public Defense, Fund for Justice, Board Member

Just the Beginning—A Pipeline Organization, Steering Committee Member

U.S.D.C. Central District of California, Local Rules Advisory Committee Member

California Attorneys for Criminal Justice, Capital Case Seminar Planning Committee

California Courts of Appeal, Proposal 66 Regional Committee Member

American Bar Foundation, Fellow

Work Highlights

Retained by Riverside County to conduct an investigation into allegations regarding the treatment of the 13 Turpin children while under the care of the County departments after being rescued from their abusive home in 2018, as well as into the care provided to all children and adults by the County departments.

Successfully obtained a non-prosecution agreement for a high-level private school administrator being investigated for violation of California’s mandatory reporting requirements.

Successfully defended a college student against a Title IX accusation for which he was found not responsible, and after facing expulsion due to the allegation, he was able to graduate and start his career.

Representing the owner of a dive boat company in connection with a civil wrongful death action related to a multi-fatality fire.

Representing the plaintiff in a pending case asserting claims of negligence, conversion, and civil theft, and aiding and abetting conversion and civil theft.

Representing clients appealing a federal conviction in a multimillion-dollar healthcare fraud case.

Representing defendants in a federal criminal case alleging a $1.8 billion customs fraud as well as conspiracy, wire fraud, and international money laundering.

Representing multiple corporate entities in related civil forfeiture actions.

Representing a corporation on appeal in the U.S. Court of Appeals for the Ninth Circuit in a federal trade secrets case as well as in superior court on breach of contract claims.

Representing clients in an SEC action in federal court after securing reversal of a $15.5 million disgorgement and penalties judgment against them.

Representing a medical doctor facing multiple counts of healthcare fraud.

Represented a Fortune 100 company in the U.S. Court of Appeals for the Ninth Circuit, securing a reversal of the district court’s grant of summary judgment and $5.24 million judgment in a commercial contract dispute.