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

  • Best Lawyers in America, Lawyer of the Year: Securities, 2020

  • Trailblazer Award, Southern California Chinese Lawyers Association, 2019

  • 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.

  • 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.

  • 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 to Present CLE False Claims Act Webinar

    On October 29, Managing Principal Paul Chan will present a CLE webinar hosted by the Knowledge Group entitled “False Claims Act and the Implied Certification Doctrine: Navigating Potential Implications on Your Firm.” Chan and attorney Sandeep Nandivada of Morrison & Foerster LLP will provide an in-depth analysis of the fundamentals ...

  • Paul Chan and Gopi Panchapakesan Analyze Recent Supreme Court Decisions Regarding Arbitration

    Managing Principal Paul Chan and associate Gopi Panchapakesan co-authored the article, “The Changing Scope of Arbitrability and Appealability.” Published by the National Law Journal, the article highlights the Supreme Court’s decisions in Henry Schein v. Archer & White Sales and Lamps Plus v. Varela. Chan and Panchapakesan comment on what those decisions ...

  • 14 Bird Marella Attorneys Named to 2020 Best Lawyers in America®

    Bird Marella is proud to announce that 14 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2020 edition of Best Lawyers in America. In addition, principals Joel Boxer and Paul Chan were honored with the “Lawyer of the Year” award for their ...

  • Paul Chan Presents Webinar on Economic Espionage Cases Involving China

    On August 6, Managing Principal Paul Chan presented a webinar titled, “The Rise in Economic Espionage Cases Involving China.” Hosted by the Intellectual Property Owners Association (IPO), the webinar focused on the economic impact of intellectual property thefts involving China, the legal limitations when litigating such matters, and the unique ...

  • Paul Chan Comments on Criminal Trade Secrets Law and Non-Competition Agreements

    Principal Paul Chan was quoted in the Daily Journal article, “Criminal Trade Secrets Laws Can Help Employers,” describing the interplay between California law – which limits restrictive covenants sometimes used by employers to protect trade secrets – and federal criminal trade secrets laws. Business and Professions Code Section 16600 reflects California’s longstanding ...

  • Paul Chan Authors Article on the Rise and Impact of Chinese Economic Espionage

    Managing Principal Paul Chan authored an article for Bloomberg Law titled, “The Rise in Economic Espionage Cases Involving China.” The article details the recent surge in Chinese economic espionage prosecutions in light of the heightened focus on such cases by the DOJ and FBI. Chan also describes the impact of ...

  • 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.

Other News & Events

  • Speaker, “False Claims Act and the Implied Certification Doctrine: Navigating Potential Implications on Your Firm,” Knowledge Group CLE Webinar, October 2019
  • Speaker, The Rise in Economic Espionage Cases Involving China, Intellectual Property Owners Association Webinar, August 2019
  • 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, “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, “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.

  • 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.

  • 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 to Present CLE False Claims Act Webinar

On October 29, Managing Principal Paul Chan will present a CLE webinar hosted by the Knowledge Group entitled “False Claims Act and the Implied Certification Doctrine: Navigating Potential Implications on Your Firm.” Chan and attorney Sandeep Nandivada of Morrison & Foerster LLP will provide an in-depth analysis of the fundamentals ...

Paul Chan and Gopi Panchapakesan Analyze Recent Supreme Court Decisions Regarding Arbitration

Managing Principal Paul Chan and associate Gopi Panchapakesan co-authored the article, “The Changing Scope of Arbitrability and Appealability.” Published by the National Law Journal, the article highlights the Supreme Court’s decisions in Henry Schein v. Archer & White Sales and Lamps Plus v. Varela. Chan and Panchapakesan comment on what those decisions ...

14 Bird Marella Attorneys Named to 2020 Best Lawyers in America®

Bird Marella is proud to announce that 14 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2020 edition of Best Lawyers in America. In addition, principals Joel Boxer and Paul Chan were honored with the “Lawyer of the Year” award for their ...

Paul Chan Presents Webinar on Economic Espionage Cases Involving China

On August 6, Managing Principal Paul Chan presented a webinar titled, “The Rise in Economic Espionage Cases Involving China.” Hosted by the Intellectual Property Owners Association (IPO), the webinar focused on the economic impact of intellectual property thefts involving China, the legal limitations when litigating such matters, and the unique ...

Paul Chan Comments on Criminal Trade Secrets Law and Non-Competition Agreements

Principal Paul Chan was quoted in the Daily Journal article, “Criminal Trade Secrets Laws Can Help Employers,” describing the interplay between California law – which limits restrictive covenants sometimes used by employers to protect trade secrets – and federal criminal trade secrets laws. Business and Professions Code Section 16600 reflects California’s longstanding ...

Paul Chan Authors Article on the Rise and Impact of Chinese Economic Espionage

Managing Principal Paul Chan authored an article for Bloomberg Law titled, “The Rise in Economic Espionage Cases Involving China.” The article details the recent surge in Chinese economic espionage prosecutions in light of the heightened focus on such cases by the DOJ and FBI. Chan also describes the impact of ...

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.

Other News & Events

  • Speaker, “False Claims Act and the Implied Certification Doctrine: Navigating Potential Implications on Your Firm,” Knowledge Group CLE Webinar, October 2019
  • Speaker, The Rise in Economic Espionage Cases Involving China, Intellectual Property Owners Association Webinar, August 2019
  • 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, “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, “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