Paul S Chan

Complex Business Litigation, Class Actions, Fraud, Qui Tam, Civil RICO, Securities Litigation, and Intellectual Property Litigation

Paul S. Chan is the managing partner of Bird Marella. His practice focuses on the trial and arbitration of complex business disputes, including commercial fraud, class action, securities, and intellectual property litigation.

Paul also represents companies and individuals in regulatory and parallel civil/criminal investigations. A graduate of Harvard Law School and Harvard College, Paul has particular expertise litigating cases involving the False Claims Act, civil RICO statute, unfair competition and theft of trade secrets. His clients include Fortune 500 corporations, major financial institutions, and emerging technology companies.

Paul has extensive trial experience. In over 25 years of practice, he has successfully tried numerous jury trials, bench trials, and binding arbitrations before both commercial and securities arbitration tribunals. He is ranked by Chambers USA in the Litigation: General Commercial category and has been recognized as the “Trial Lawyer of the Year” by the Century City Bar Association, one of the “500 Leading Lawyers in America” by Lawdragon, the Los Angeles “Lawyer of the Year: Securities” in Los Angeles by “Best Lawyers in America,” a “Southern California Super Lawyer” by Los Angeles Magazine, and (previously) one of the “Best Lawyers Under 40” by the National Asian Pacific American Bar Association. He is also the former Chair of the Board of Directors of Asian Americans Advancing Justice – Southern California; the former President of the Southern California Chinese Lawyers Association; and has repeatedly been named among the “Most Influential Minority Attorneys” by the Los Angeles Business Journal.

Chair of the Board of Directors, Asian Americans Advancing Justice - Southern California

Former President, Southern California Chinese Lawyers Association (SCCLA)

Former Member, Executive Committee, Litigation Section of the California State Bar

Former Member, Editorial Board, California Litigation

Member, California Minority Counsel Program

Member, Federal Bar Association

Former Member, Los Angeles County Bar Association Foundation

Moderator, "Preparing Your Qui Tam Case for Trial," Federal Bar Association, October 2024

Co-Author, “The Changing Scope of Arbitrability and Appealability,” National Law Journal, August 2019

Author, “The Rise in Economic Espionage Cases Involving China,” Bloomberg Law, May 2019

Co-Author, “FCA Claims After Escobar,” Daily Journal, January 2019

Co-Author, “When Civil Litigants Face Criminal Proceedings,” Law360, January 2019

Co-Author, “The Far-Reaching New Domestic Injury Rule Under Civil RICO,” Law360, June 2017

Author, “Liable Labels,” Los Angeles Lawyer Magazine, February 2015

Author, “Litigating Parallel Civil and Criminal Cases,” California Litigation, Vol. 24, November 2011

Co-Author, “Access Denied: The Impact of the Computer Fraud and Abuse Act on Employee Mobility,” Los Angeles Lawyer Magazine (Cover feature, February 2006); also published in The Computer and Internet Lawyer, June 2006

Author, “The Hazards of Litigating in the Press,” California Lawyer Magazine, December 2002

Trial counsel for JM Eagle, the world’s largest manufacturer of plastic pipe products, in a federal False Claims Act litigation pursued by over 45 intervening states and municipalities and a parallel class action involving claimed damages of over $2 billion. Achieved complete defense decision on nine-figure damages claim relating to non-compliant PVC pipe. Successfully convinced the court to reduce claimed damages from $58 million to $2 million before the jury was ultimately unable to agree that any damages were owed, leading to a mistrial. Subsequently obtained judgment notwithstanding the verdict in favor of the client.

Trial counsel for a large Taiwanese conglomerate and other lead defendants in a 34-defendant civil RICO, fraud and alter ego action, stemming from the alleged “bust out” of flat screen television company Westinghouse Digital Electronics. Plaintiff sought over $80 million in trebled RICO damages. After successfully obtaining summary adjudication of certain claims and procuring victories on several key motions in limine on the eve of trial, the case was successfully resolved for a nominal amount.

Trial counsel for the writers and creators of the series Will & Grace in an entertainment accounting jury trial against NBC Studios. Plaintiffs alleged NBC Studios failed to license Will & Grace for fair market value, failed to pay proper profit participations, and engaged in fraud and self-dealing by licensing the program to its corporate parent, the NBC network. After a three-month jury trial, the jury returned a $49.5 million verdict in favor of the clients.

Lead counsel for a global non-profit provider of AIDS/HIV healthcare, prevention services, and testing, in a high-profile False Claims Act lawsuit seeking eight-figure damages. Plaintiffs/relators alleged violations of the federal anti-kickback laws governing payments for patient referrals. Successfully moved to dismiss virtually all claims in the relators’ complaint, leaving only a very narrow category of “claims for payments” relating to literally two patients, with very modest accompanying exposure. Case resolved favorably thereafter.

Lead counsel for Herbalife International in the defense of two putative RICO class actions in California and Florida based upon alleged misrepresentations concerning attendance at Herbalife events, where Plaintiffs are alleging over $1B in damages. After successfully moving to transfer venue and discuss certain Defendants, the matter was settled while Defendants’ summary judgment motion and opposition to class certification were pending.

Lead counsel for a prominent California law firm in a False Claims Act case of first impression, alleging the firm “fraudulently” induced its former client, a public agency, to disburse several million dollars in public funds. Paul’s team aggressively litigated the relator’s standing to pursue the case, and obtained a writ of mandate from the California Court of Appeal finding that the relator had a conflict of interest that precluded her from participating in agency decisions relating to the lawsuit. After filing summary judgment motions, then persuading the Court of Appeal to stay all trial court proceedings, Bird Marella was able to settle the case for a small fraction of the public funds at issue.

Represented former head of the luxury hotel division of Starwood Hotels and then Hilton Hotels, in a federal pre-indictment criminal investigation in the Southern District of New York involving the alleged theft of trade secrets and computer fraud, as well as a parallel federal civil case in the Southern District of New York. Helped obtain a no charge decision from the United States Attorney’s Office, and a confidential resolution of the civil action.

Lead counsel for mobile virtual network provider TruConnect, the fastest growing wireless Lifeline company in the United States, in a federal False Claims Act (FCA) lawsuit filed in the U.S. District Court for the Central District of California. Won dismissal of all federal and state FCA claims, without leave to amend. The relators’ allegations threatened close to a half-billion dollars in damages.

Litigation counsel for Mattel, Inc. Successfully prosecuted numerous trade secret theft, trademark, and copyright infringement actions involving the Mattel, Barbie and other iconic brands against competitors in the toy, stationary, cosmetics and apparel, and technology industries.

Trial counsel for Charles Schwab & Co. in numerous trade secret misappropriation actions involving theft of customer information and client solicitation by a competitor. Pursue temporary and permanent injunctive relief actions against the company’s competitors.

Successfully represented a senior scientist at Bayer Healthcare in parallel civil and criminal actions involving alleged violations of the federal Computer Fraud and Abuse Act and the Economic Espionage Act. Obtained a no charge decision in the criminal investigation and civil action settled on favorable terms thereafter.

Litigation counsel for KB Home and related entities in a putative state-wide class action relating to alleged mortgage and appraisal fraud in connection with the sale of residences, and a federal derivative litigation relating to Countrywide Financial. Case settled on favorable terms following successful opposition to class certification motion.

Trial counsel for Cyntron Payroll Solutions, a leading provider of payroll software solutions, in a two-week jury trial involving eight-figure damages claims for breach of fiduciary duty, defamation, and intentional infliction of emotional distress brought by the company’s former president. Obtained a complete defense verdict.

Trial counsel for Mooney Farms, the nation’s largest producer of sun-dried tomato products, in a jury trial concerning the fraudulent sale of thousands of gallons of adulterated olive oil, following a recall conducted by the Canadian Food & Drug Administration. Obtained a substantial settlement for the client midway through trial.

Harvard Law School, J.D., 1995

Harvard University, A.B., 1991