Damon Rubin is a partner with more than two decades of experience handling complex business disputes, including contract, fraud, unfair competition, trade secret, insurance coverage, and class actions.

He has represented a wide range of public and private businesses and associations, including healthcare providers (hospitals, skilled nursing facilities, physicians), a hospital association, banks, accountants, securities broker dealers, manufacturers, and a national law firm. Damon has successfully prosecuted and defended cases from inception through summary judgment, trial, judgment enforcement and appeal. Damon also has litigated consumer class action matters regarding the Telephone Consumer Protection Act (TCPA).

Background

Earlier in his career, Damon was Senior Counsel with Foley & Lardner LLP. During law school, he served as a judicial extern to the Honorable Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York, and as a judicial extern to the Honorable Frederick J. Scullin of the United States District Court for the Northern District of New York.

Outside of work, Damon enjoys family time with his wife and two kids. He also enjoys cycling in the South Bay of Los Angeles.

Representative Matters

  • Obtained a multi-million-dollar settlement for nonprofit hospitals in a reimbursement matter.
  • Successfully defended a trade secret misappropriation case brought by a company against three of its former employees and their new employer. Defense of the case resulted in the dismissal of three of the four defendants, and then the court dismissed the balance of the case. The court granted both of the defendants’ motions for attorney’s fees, ordering the plaintiff to pay the defendants total fees of $637,727. This included (in part) sanctions “for [plaintiff] bringing in subjective bad faith its objectively specious claim of misappropriation of trade secrets.” The defendants also prevailed on their motion for evidence sanctions for the plaintiff’s discovery abuses, limiting the possible scope of the plaintiff’s case before it was dismissed.
  • Obtained a $1.8 million recovery for a lender in an eminent domain action.
  • Obtained a $750,000 post-judgment recovery on behalf of an investment fund.
  • Obtained a defense judgment by motion for summary judgment where the plaintiff claimed an enforceable agreement to buy several real estate secured loans, and had sought more than $10 million in lost profits.
  • Successfully defended audit committee members of an internet company in a shareholder derivative action involving the restatement of financial results. Demurrers (motion to dismiss) were granted without leave to amend, and the defendants were dismissed.
  • Prevailed on motions for orders expunging notices of pendency of action (lis pendens) in two lawsuits allowing the bank client to sell the real properties securing the loans.
  • Successfully defended a medical licensee at an evidentiary hearing before an administrative law judge where the state attorney general had challenged her license.
  • Defended a hospital in a 14-day jury trial. The plaintiff alleged she had been assaulted after the hospital failed to make a mandatory report to law enforcement regarding the alleged perpetrator.
  • Represented the California Hospital Association in a lawsuit challenging implementation of nurse staffing regulations.
  • Represented an accounting partnership in a lengthy arbitration proceeding arising from the sale of the accounting practice.