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

Paul also represents companies and individuals in regulatory and parallel civil/criminal investigations. He has particular expertise litigating cases involving the False Claims Act, civil RICO statutes, 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 20 years of practice, he has successfully tried numerous jury trials, bench trials, and binding arbitrations before both commercial and securities arbitration tribunals. He 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, one of the “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 President of the Southern California Chinese Lawyers Association; a Member of the Board of Directors of Asian Americans Advancing Justice; and was named among the “2019 Most Influential Minority Attorneys” by the Los Angeles Business Journal.

Education

  • Harvard Law School, J.D., cum laude, 1995
  • Harvard University, A.B., magna cum laude, 1991

Honors & Awards

  • 500 Leading Lawyers in America, Lawdragon, 2019

  • Most Influential Minority Attorneys, Los Angeles Business Journal, 2018-2019

  • Trial Lawyer of the Year, Century City Bar Association, 2018

  • Elite Boutique Trailblazers, National Law Journal, 2018

  • Best Lawyers in America, Commercial Litigation, 2016-present

  • Southern California Super Lawyers, Los Angeles Magazine, 2012-present

  • Best Lawyers Under 40, National Asian Pacific American Bar Association (NAPABA), 2003

  • Named a “Southern California Rising Star, Los Angeles Magazine, 2004-2010

  • L.A.’s Top 100 Lawyers, Los Angeles Business Journal, 2009

  • Fellow, Litigation Counsel of America

Representative Cases

  • 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. After a five-week jury trial of claims brought by five bellwether plaintiffs, successfully obtained a ruling from the court reducing plaintiffs’ potential damages from $47 million to only $2 million. After a week of deliberations, the court declared a mistrial after the jury deadlocked over whether plaintiffs were entitled to recover any damages whatsoever.

  • 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 television program “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 realtors’ 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.

  • 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.

  • 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.

  • Litigation counsel for Ranch 99 Supermarkets, the largest chain of Asian-foods grocery stores in the United States. Represent the company in a variety of litigation matters including employment defense and intellectual property disputes.

  • 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.

  • Lead counsel for Honeywell Inc. in a breach of contract, negligence, and fraud action stemming from alleged delays in the construction of a Beverly Hills surgical center. Successfully obtained summary judgment on all claims and order affirming the summary judgment on appeal.

Affiliations

  • Former President, Southern California Chinese Lawyers Association (SCCLA)
  • Member of the Board of Directors, Asian Americans Advancing Justice
  • Former Member of the Executive Committee, Litigation Section of the California State Bar
  • Former Member of the Editorial Board, California Litigation magazine
  • Member, California Minority Counsel Program
  • Member, American Bar Association
  • Member, Los Angeles County Bar Association

Recent News & Events

  • Paul Chan Discusses Chinese Espionage with KFI-AM Radio

    Managing Principal Paul Chan was recently interviewed by Los Angeles-based radio station KFI-AM 640 to discuss last year’s high profile case related to Chinese intelligent officers stealing corporate secrets of U.S. aerospace companies. Click here to listen to the audio clip.

  • Paul Chan and Ekwan Rhow Recognized as 2019 Lawdragon 500 Leading Lawyers

    Principals Paul Chan and Ekwan Rhow have been named among the 500 Leading Lawyers in America by renowned legal publication, Lawdragon. This is Mr. Chan’s first selection to the list and the second for Mr. Rhow. Considered one of the most elite guides in the legal profession, the “Lawdragon 500” ...

  • Paul Chan to Speak at Federal Bar Association’s 2019 Qui Tam Conference

    Managing Principal Paul Chan will participate in the panel discussion “Materiality Issues” on February 28th at the 2019 Qui Tam Conference, presented by the Federal Bar Association. Chan, along with a panel of FCA litigators from a variety of perspectives, will discuss the latest developments, practices, and pitfalls as it ...

  • 13 Bird Marella Attorneys Honored as 2019 Southern California Super Lawyers

    Bird Marella is proud to recognize the attorneys who have been selected for inclusion in the 2019 Southern California Super Lawyers list: Terry W. Bird – Criminal Defense: White Collar, Business Litigation, Civil Litigation Joel E. Boxer – Business Litigation, Estate & Trust Litigation Paul S. Chan – Business Litigation, ...

  • Paul Chan and Shoshana Bannett Analyze Escobar’s Impact on FCA Claims

    Bird Marella attorneys Paul Chan and Shoshana Bannett co-authored the article, “FCA Claims after Escobar.” Featured in the Daily Journal, the article provides an in-depth analysis of the Supreme Court’s seminal decision in Universal Health Services, Inc. v Escobar and its continuing effects on False Claims Act (FCA) litigation. Chan ...

  • Paul Chan and Fanxi Wang Author Law360 Article Outlining Strategies For Parallel Civil and Criminal Proceedings

    Bird Marella attorneys Paul Chan and Fanxi Wang authored an expert analysis for Law360, “When Civil Litigants Face Criminal Proceedings.”  The article delves into potential implications for a civil defendant who invokes the Fifth Amendment privilege, and explores a range of strategic tools that such defendants may use in the civil case, including motions to stay, ...

  • Bird Marella Successfully Defends JM Eagle In High Profile Qui Tam Trial

    Bird Marella helped secure a significant victory on behalf of its client JM Eagle, the world’s largest plastic pipe manufacturer, in a long-running False Claims Act case. Following a five-week trial in the United States District Court for the Central District of California, federal judge George Wu declared a mistrial ...

Other News & Events

  • Interviewee, Chinese Espionage: Company Trade Secrets, KFI-AM Radio, January 2019
  • Speaker, Post-Escobar Materiality Issues, Federal Bar Association Qui Tam Conference, January 2019
  • Speaker, Ethics – Trouble Spots in FCA Litigation, CLE International 2nd Annual Qui Tam Conference, October 2014
  • Speaker, Whistleblowers and the False Claims Act: What You Need to Know, Practicing Law Institute (PLI), 2012
  • Speaker, Taking Aim at the Foreign Corrupt Practices Act, National Asian Pacific American Bar Association Regional Conference, 2012.
  • Speaker, The Tricks and Traps of Trade Secret Litigation, California State Bar Litigation Section Webinar, June 2011
  • Speaker, Cyber Crimes in the New Economy, National Asian Pacific American Bar Association Regional Conference, 2009
  • Speaker, Use of the Computer Fraud and Abuse Act in Employment Cases, Annual Conference of the Labor and Employment Section of the California State Bar, 2006

Publications

  • 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, “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

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

Paul also represents companies and individuals in regulatory and parallel civil/criminal investigations. He has particular expertise litigating cases involving the False Claims Act, civil RICO statutes, 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 20 years of practice, he has successfully tried numerous jury trials, bench trials, and binding arbitrations before both commercial and securities arbitration tribunals. He 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, one of the “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 President of the Southern California Chinese Lawyers Association; a Member of the Board of Directors of Asian Americans Advancing Justice; and was named among the “2019 Most Influential Minority Attorneys” by the Los Angeles Business Journal.

Representative Cases

  • 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. After a five-week jury trial of claims brought by five bellwether plaintiffs, successfully obtained a ruling from the court reducing plaintiffs’ potential damages from $47 million to only $2 million. After a week of deliberations, the court declared a mistrial after the jury deadlocked over whether plaintiffs were entitled to recover any damages whatsoever.

  • 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 television program “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 realtors’ 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.

  • 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.

  • 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.

  • Litigation counsel for Ranch 99 Supermarkets, the largest chain of Asian-foods grocery stores in the United States. Represent the company in a variety of litigation matters including employment defense and intellectual property disputes.

  • 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.

  • Lead counsel for Honeywell Inc. in a breach of contract, negligence, and fraud action stemming from alleged delays in the construction of a Beverly Hills surgical center. Successfully obtained summary judgment on all claims and order affirming the summary judgment on appeal.

Affiliations

  • Former President, Southern California Chinese Lawyers Association (SCCLA)
  • Member of the Board of Directors, Asian Americans Advancing Justice
  • Former Member of the Executive Committee, Litigation Section of the California State Bar
  • Former Member of the Editorial Board, California Litigation magazine
  • Member, California Minority Counsel Program
  • Member, American Bar Association
  • Member, Los Angeles County Bar Association

News & Events

Paul Chan Discusses Chinese Espionage with KFI-AM Radio

Managing Principal Paul Chan was recently interviewed by Los Angeles-based radio station KFI-AM 640 to discuss last year’s high profile case related to Chinese intelligent officers stealing corporate secrets of U.S. aerospace companies. Click here to listen to the audio clip.

Paul Chan and Ekwan Rhow Recognized as 2019 Lawdragon 500 Leading Lawyers

Principals Paul Chan and Ekwan Rhow have been named among the 500 Leading Lawyers in America by renowned legal publication, Lawdragon. This is Mr. Chan’s first selection to the list and the second for Mr. Rhow. Considered one of the most elite guides in the legal profession, the “Lawdragon 500” ...

Paul Chan to Speak at Federal Bar Association’s 2019 Qui Tam Conference

Managing Principal Paul Chan will participate in the panel discussion “Materiality Issues” on February 28th at the 2019 Qui Tam Conference, presented by the Federal Bar Association. Chan, along with a panel of FCA litigators from a variety of perspectives, will discuss the latest developments, practices, and pitfalls as it ...

13 Bird Marella Attorneys Honored as 2019 Southern California Super Lawyers

Bird Marella is proud to recognize the attorneys who have been selected for inclusion in the 2019 Southern California Super Lawyers list: Terry W. Bird – Criminal Defense: White Collar, Business Litigation, Civil Litigation Joel E. Boxer – Business Litigation, Estate & Trust Litigation Paul S. Chan – Business Litigation, ...

Paul Chan and Shoshana Bannett Analyze Escobar’s Impact on FCA Claims

Bird Marella attorneys Paul Chan and Shoshana Bannett co-authored the article, “FCA Claims after Escobar.” Featured in the Daily Journal, the article provides an in-depth analysis of the Supreme Court’s seminal decision in Universal Health Services, Inc. v Escobar and its continuing effects on False Claims Act (FCA) litigation. Chan ...

Paul Chan and Fanxi Wang Author Law360 Article Outlining Strategies For Parallel Civil and Criminal Proceedings

Bird Marella attorneys Paul Chan and Fanxi Wang authored an expert analysis for Law360, “When Civil Litigants Face Criminal Proceedings.”  The article delves into potential implications for a civil defendant who invokes the Fifth Amendment privilege, and explores a range of strategic tools that such defendants may use in the civil case, including motions to stay, ...

Bird Marella Successfully Defends JM Eagle In High Profile Qui Tam Trial

Bird Marella helped secure a significant victory on behalf of its client JM Eagle, the world’s largest plastic pipe manufacturer, in a long-running False Claims Act case. Following a five-week trial in the United States District Court for the Central District of California, federal judge George Wu declared a mistrial ...

Other News & Events

  • Interviewee, Chinese Espionage: Company Trade Secrets, KFI-AM Radio, January 2019
  • Speaker, Post-Escobar Materiality Issues, Federal Bar Association Qui Tam Conference, January 2019
  • Speaker, Ethics – Trouble Spots in FCA Litigation, CLE International 2nd Annual Qui Tam Conference, October 2014
  • Speaker, Whistleblowers and the False Claims Act: What You Need to Know, Practicing Law Institute (PLI), 2012
  • Speaker, Taking Aim at the Foreign Corrupt Practices Act, National Asian Pacific American Bar Association Regional Conference, 2012.
  • Speaker, The Tricks and Traps of Trade Secret Litigation, California State Bar Litigation Section Webinar, June 2011
  • Speaker, Cyber Crimes in the New Economy, National Asian Pacific American Bar Association Regional Conference, 2009
  • Speaker, Use of the Computer Fraud and Abuse Act in Employment Cases, Annual Conference of the Labor and Employment Section of the California State Bar, 2006

Publications

  • 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, “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