Mark Anchor Albert's extensive experience and expertise in complex business litigation, trials and related appeals include many of the largest and most complicated business lawsuits of the last two decades. Mr. Albert has been a vigorous champion for the rights of consumers and investors victimized by unfair, fraudulent and deceptive business practices. He also has defended businesses and individuals wrongly accused of misconduct. These cases collectively have involved billions of dollars. They have required Mr. Albert to oppose the largest, best-funded and most experienced law firms in the nation, both on the plaintiff side and the defense side -- against whom Mr. Albert has obtained repeated successes.
In his capacity as a plaintiff's attorney, Mr. Albert has played central roles in obtaining hundreds of millions of dollars of recovery for his clients in both state and federal courts as well as high stakes arbitration proceedings. In his capacity as a defense attorney, Mr. Albert has obtained victories for clients facing hundreds of millions of dollars, and in some cases billions of dollars in potential liability, often succeeding in having cases dismissed through dispositive motions for summary judgment, for dismissal, on demurrer, or otherwise. Mr. Albert also has been instrumental in negotiating complex settlements on steeply discounted terms for clients facing large liability exposures. At other times, Mr. Albert has been instrumental in negotiating large settlements for clients who have been harmed by fraud, contractual breaches, or other misconduct at the hands of unscrupulous businesses and individuals.
Given Mr. Albert's wide experience handling very large, complex and high-stakes cases, he is quite capable of handing mid-sized cases with "big firm" expertise and judgment, while achieving his clients' objectives much more efficiently and economically than "big firm" litigation departments typically would do.
A partial listing of previous cases in which Mr. Albert has played significant roles, with accompanying links to more fulsome descriptions of them, are set forth below.
In re First National Funding Corp. Predatory Lending & Elder Abuse Litigation
Represented, as plaintiff's counsel, successor-in-interest of property owner whose home and business were seized in a trustee sale by a "hard money" lender based on forged quitclaim deeds and false affidavits. Brought claims under the California Predatory Lending Act, the California Elder Abuse Act, and related common law and statutory claims. Successfully defeated the "hard money" lender's motion to expunge lis pendens. Successfully defeated a demurrer to the complaint, which was upheld in its entirety.
In re Oclaro Inc. and Avanex Corp. Securities Litigation
Represented, as plaintiff's counsel, the largest individual shareholders of Avanex Corp. (Nasdaq: AVNX) in a lawsuit against Avanex and its successor corporation, Oclaro Inc. (Nadaq: OCLR) in an action against the corporation and certain of its senior officers and directors for fraud, negligence and fiduciary breaches in connection with Avanex's merger in Oclaro.
SEC v. Diversified Lending Group, Inc., Applied Equities, et al.
Represented, as plaintiffs' counsel, project manager and mechanic's lien claimants in connection with major residential redevelopment project in Malibu subject a receivership action in the United States District Court arising from a ponzi scheme prosecuted by the SEC. Prepared and filed mechanic's liens and prosecuted them to a successful resolution. Negotiated favorable settlement with the Receiver and obtained approval of the Settlement by the United States District Court for the Central District of California.
Settlement "czar" for the Roman Catholic Archdiocese of Los Angeles, a corporation sole in the Clergy Sexual Abuse Cases. Responsible for closing $660 million settlement of 517 clergy sexual abuse cases in 2008 and 2007, and $60 million settlement of 45 clergy sexual abuse cases in 2006. Senior member of defense team (out of hundreds of attorneys) responsible for the Archdiocese's defense.
In Re Bergen Brunswig Corp. Securities Litigation
Team leader in defense of Bergen Brunswig Corporation (now known as AmerisourceBergen) in multiple consolidated and coordinated securities class action proceedings pending in various district courts across the nation, alleging approximately $1.5 billion in damages against the company. Primary responsibility for negotiating with D&O and E&O carriers to obtain $50 million contribution to settlement fund.
In Re Counsel Corp. Securities Litigation
Team lead in securities fraud and accounting fraud action by Bergen Brunswig Corp. against Counsel Corp., a publicly traded Canadian corporation, arising from Counsel's sale of a major drug distribution subsidiary to Bergen.
In Re Estate Financial Mortgage Fund Ponzi Scheme Litigation
Advised litigation and bankruptcy lawyers representing various businesses and high-net-worth individuals who lost millions of dollars investing in the Estate Financial Mortgage Fund Ponzi scheme involving "hard money" loans to developers secured by fractionalized interests in deeds of trust.
In Re Enron Debenture Holders Ponzi Scheme Litigation
Senior role in drafting and prosecuting claims on behalf of Enron bond holders which lost millions of dollars in a sophisticated Ponzi scheme involving complex financial and accounting fraud.
In Re First Community Bancorp Ponzi Scheme Litigation
Senior role in defense of First Community Bancorp in defense of claims by investors in Four Star Financial Services, a $500 million Ponzi scheme. Primary architect of the analysis that resulted in the dismissal of the Bank on the pleadings, leading to a favorable settlement on deeply discounted terms.
County Of Orange V. Kpmg Peat Marwick And Related Actions
Primary responsibility for defense of KPMG Peat Marwick and its partners in several related state and federal lawsuits arising from the Orange County bankruptcy, seeking collectively more than $3 billion in damages from our clients. Achieved with team a favorable nationwide class settlement before trial.
In Re Enron Securities Litigation
Represented with team members insurance companies, pension funds, bond funds and fund managers against various Wall Street investment banks and their affiliates in connection with their sale of fraudulently-inflated Enron debt securities, equities and off-balance sheet debt instruments. Obtained with along the way several favorable published opinions, eventually resulting in major settlement recoveries. E.g., Transamerica Fin. Life Ins. Co. v. Merrill Lynch & Co., 302 B.R. 620, 623 (S.D. Iowa 2003); AUSA Life Ins. Co. v. Citigroup, Inc., 293 B.R. 471 (N.D. Iowa, 2003); and Citigroup, Inc. v. Pac. Inv. Mgmt. Co. (In re Enron Corp.), 296 B.R. 505 (C.D. Cal. 2003).
Streamcast Networks V. Sharman Networks Rico And Antitrust Litig.
Primary responsibility for analysis and briefing of successful motions to dismiss RICO and antitrust claims by StreamCast Networks against Sharman Networks and various other defendants arising from technology licensing issues, including Streamcast Networks, Inc. v. Skype Techs., S.A., 2007 U.S. Dist. LEXIS 96582 (C.D. Cal. Jan. 18, 2007).
Primary responsibility for analysis and briefing successful motion to dismiss antitrust claims against various defendants, including Streamcast Networks, Inc. v. Skype Techs., S.A., 2006 U.S. Dist. LEXIS 97392 (C.D. Cal. Sept. 14, 2006).
Senior team member in preparing cross-claims and opposing summary judgment in the peer-to-peer file sharing network copyright infringement litigation involving the recorded music and motion picture industries, including MGM Studios, Inc. v. Grokster, Ltd., 454 F. Supp. 2d 966, 979 (C.D. Cal. 2006).
Briefed and argued before the U.S. District Court for the Northern District of California motion by patentee for certification of an international defendant "issues class" under Fed. R. Civ. Proc. 23(c)(4) of patent infringers using streaming technology on the Internet. Briefed and argued before the United States Judicial Panel on Multidistrict Litigation various successful motions to transfer multiple patent infringement actions in multiple districts in several different Circuits to the Northern District of California. Primary responsibility for motion to dismiss patentee's counterclaims, resulting in In re Acacia Media Techs. Corp., 2005 U.S. Dist. LEXIS 37009 (N.D. Cal. July 19, 2005).
Defended major publicly-traded real estate construction and Development Company and its affiliates in several coordinated and consolidated class action lawsuits involving 12,500 homes throughout the State of Colorado, alleging construction defect, negligence, product liability, and breach of warranty claims, among other theories of recovery. Crafted with lead counsel a complex settlement structure that involved the creation of a captive insurance company, capitalized with insurance proceeds obtained from both primary and excess carriers, after intense negotiations and mediation efforts.
Western Union Wire Transfer Class Action Litigation
Defended Western Union and its parent, First Data Corporation, in several related state and federal class action lawsuits arising out of Western Union's international money transfer businesses. Conceived, developed and implemented national and international evidence-gathering plan and strategies to oppose certification of state and national plaintiff classes, and obtained related expert testimony, contributing to a favorable nationwide class settlement before trial.
As pro bono counsel at the request of a United States District Court Judge, filed a Petition for Habeas Corpus for a notorious death row inmate, resulting in the granting of a new trial because critical exculpatory scientific evidence had been improperly withheld from the defense by the prosecutors. Achieved an important published decision by the California Supreme Court, In re John George Brown, 17 Cal. 4th 873 (1998).
Chateau Paliset Construction Defect Litigation
Represented owners and developers of high-end luxury condominium project in a lawsuit by the homeowners' association alleging various structural and design defects. After retaining and briefing structural engineers, soils engineers and architects, and other experts, brought cross-claims for indemnification and other relief against subcontractors, architects and other professionals involved in the project, thereby successfully positioning the case for mediation which resulted in economical resolution. Negotiated coverage issues with primary and excess insurers and obtained substantial contribution of indemnity funds for the mediated settlement.
Banco Comercial Arabe Litigation
Represented foreign-owned California trading company in a fraud and breach of contract lawsuit against an off-shore bank -- Banco Comercial Arabe -- for failure to honor letters of credit with respect to the importation of tooling machinery from China. As the "first chair" trial attorney, obtained $750,000 verdict against the bank and its directors.
Two Rodeo Drive Litigation
As the "first chair" trial attorney, obtained eviction order and substantial money judgment against the corporate tenant after 3-day bench trial on behalf corporate owners and developers of a high-end Beverly Hills shopping and entertainment complex (the Two Rodeo Complex). Obtained non-suit on tenant's counter-claim at trial.
AT&T Security Systems Litigation
Defended AT&T in several consolidated and coordinated class actions alleging that AT&T sold defective home security products both domestically and internationally, successfully positioning case for global settlement on favorable terms.
Aetna/Paracelsus Healthcare Litigation
Defended major healthcare provider in federal lawsuit alleging Medicare fraud and billing abuses in connection with multi-state psychiatric facilities. Prepared pre-trial discovery, discovery motions, and oppositions to discovery motions by plaintiffs. Negotiated comprehensive pre-trial settlement and prepared briefs for successful good faith settlement hearing.
The Hearst Corporation San Simeon Redevelopment Litigation
Represented The Hearst Corporation at the trial and appellate levels in several highly-publicized challenges by the Sierra Club and other environmentalists to various redevelopment projects in the San Simeon area of the Northern California coast. After marshaling dispositive evidence from engineers, biologists, conservationists, and other scientists in support of the redevelopment project, defeated the opponents of the redevelopment project at the administrative trial and subsequent writ proceedings.
Suzuki Samurai Roll-Over Cases
Represented Suzuki Motor Corporation in national Samurai rollover cases. Coordinated national discovery regarding technical documents, design and engineering evidence, and related expert testimony and records. Drafted critical motions that prevented the dissemination of proprietary documents and trade secrets.
Live Film And Media Corp. Class Action Litigation
Defended the senior officers and directors of LIVE Entertainment and its successor company in several consolidated and coordinated federal class action cases alleging violations of federal and state securities laws and common law fraud, arising from alleged accounting irregularities in connection with certain acquisitions and divestitures of subsidiary entities. Briefed and argued successful motions to dismiss the actions for failure to prosecute and for failure to state a claim on res judicata grounds, which resulted in the complete dismissal of all of the actions, with prejudice.
The Vestron Foreign Video Distribution Litigation
Defended LIVE Film & Media Corp., as successor of Vestron, Inc., in a class action suit in New York alleging that Vestron misallocated the proceeds from the sale and licensing of video packages distributed internationally. Prepared the appellate brief challenging an adverse state court ruling. Devised the successful strategy of requesting that the prior bankruptcy case of Vestron be reopened to obtain an injunction by the Bankruptcy Court to stay the state court class action proceeding.
China State Construction And Engineering Corp. Litigation
Represented the largest Chinese state-owned construction and engineering corporation in post-trial adversary proceedings in United States District Court, Central District of California, regarding various construction defect claims and cross-claims arising from a large-scale engineering and development project. Successfully briefed and argued the appeal of a nationwide asset turn-over order by the Bankruptcy Judge, resulting in a steeply-discounted settlement.
Scott Paper Defective Tissue Paper Litigation
Represented major paper importer in United States District Court, Central District of California, involving Brazilian paper manufacturer and United States purchaser alleging that tons of tissue paper imported from Brazil were defective. Obtained favorable settlement on steeply- discounted terms on the eve of trial.
"Second chair" trial attorney injury trial resulting in $1.7 million verdict against crooked mortgage loan brokers who attempted to foreclose on homes based upon fraudulently altered documents, resulting in an important published decision by the California Court of Appeal, Roland Henry v. Alcove Investments, Inc., 233 Cal. App. 3d 94 (1991).
Team leader in 50 million person class action against State Farm Mutual Automobile Insurance Co. alleging bad faith hoarding of surplus capital and withholding of policyholder dividends. Briefed and second-chaired all aspects of motion practice and related appellate practice leading to several significant appellate decisions, including State Farm Mut. Auto Ins. Co. v. Superior Court, 114 Cal. App. 4th 434 (2003) (California courts properly can try nationwide class against Illinois insurer for bad faith refusal to pay dividends, subject to the Illinois business judgment rule), and State Farm Mut. Ins. Co. v. Superior Court, 121 Cal. App. 4th 490 (2004) (defendant who prevailed on a choice of law question in a writ proceeding is not entitled to peremptorily challenge trial judge on remittitur).
