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 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 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 “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 President of the Southern California Chinese Lawyers Association; the Incoming Chair of the Board of Directors of Asian Americans Advancing Justice; and has repeatedly been named among the “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-present

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

  • 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

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. Achieved complete defense decision involving nine-figure damages 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.

  • 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 99 Ranch 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)
  • Incoming Chair of the Board of Directors of 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, Federal Bar Association
  • Former Member, Los Angeles County Bar Association Foundation

Recent News & Events

  • Paul Chan to Speak at CLE Webcast on False Claims Act Enforcement

    Managing Principal Paul Chan will be a featured speaker at the live webcast “False Claims Act Enforcement: Defense Strategies in 2020,” hosted by The Knowledge Group on August 14. Chan will join Jennifer Short of KaiserDillon PLLC and Kevin D. Porter of Vigorito, Barker, Patterson, Nichols & Porter, LLP to ...

  • Lincenberg, Chan and Rhow Named to Lawdragon 500 Leading Lawyers in America

    Principals Gary Lincenberg, Paul Chan and Ekwan Rhow have been selected to the 500 Leading Lawyers in America for 2020 by Lawdragon. The three are among just 64 attorneys in California recognized. Regarded as one of the most elite distinctions in the legal profession, the annual list recognizes the best of ...

  • Paul Chan to Speak at Federal Bar Association’s 2020 Qui Tam Conference

    Managing Principal Paul Chan will be a featured speaker at the Federal Bar Association’s 2020 Qui Tam Conference in Washington, D.C.  Chan will serve as moderator on the panel discussion “AseraCare and the Future of Medical Necessity Cases” on February 27. The expert panel will explore the continued evolution of ...

  • Paul Chan Named Among the 2020 Top Minority Attorneys by Los Angeles Business Journal

    Managing Principal Paul S. Chan has been named among the 2020 “Top Minority Attorneys” by the Los Angeles Business Journal. The annual special supplement acknowledges the best minority attorneys in the region who have upheld the highest professional and ethical standards, and those who have made significant contributions to the ...

  • 14 Bird Marella Attorneys Named Among 2020 Southern California Super Lawyers

    Bird Marella is honored to recognize the attorneys who have been selected for inclusion in the 2020 Southern California Super Lawyers list: Terry W. Bird Joel E. Boxer Paul S. Chan Mark T. Drooks Thomas R. Freeman Benjamin N. Gluck – Criminal Defense: White Collar (Top 100) Gary S. Lincenberg – Criminal Defense: ...

  • Paul Chan to Speak at Bridgeport’s 2020 Consumer Class Action Conference

    Managing Principal Paul Chan will be a featured panelist at Bridgeport’s Annual Consumer Class Action Conference on January 10 in Costa Mesa, CA. Chan will co-present on the topic “The Use of BP 17200 in CA Class Actions” at 11:10 am. Bridgeport’s Annual Consumer Class Action Conference explores the ever-changing ...

  • 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 ...

Other News & Events

  • Speaker, “AseraCare and the Future of Medical Necessity Cases, ” Federal Bar Association Qui Tam Conference, February 2020
  • Speaker, “The Use of Cal. Bus. & Prof. Code 17200 in CA Class Actions,” Bridgeport 2020 Consumer Class Action Conference, January 2020
  • 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

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 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 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 “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 President of the Southern California Chinese Lawyers Association; the Incoming Chair of the Board of Directors of Asian Americans Advancing Justice; and has repeatedly been named among the “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. Achieved complete defense decision involving nine-figure damages 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.

  • 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 99 Ranch 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)
  • Incoming Chair of the Board of Directors of 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, Federal Bar Association
  • Former Member, Los Angeles County Bar Association Foundation

News & Events

Paul Chan to Speak at CLE Webcast on False Claims Act Enforcement

Managing Principal Paul Chan will be a featured speaker at the live webcast “False Claims Act Enforcement: Defense Strategies in 2020,” hosted by The Knowledge Group on August 14. Chan will join Jennifer Short of KaiserDillon PLLC and Kevin D. Porter of Vigorito, Barker, Patterson, Nichols & Porter, LLP to ...

Lincenberg, Chan and Rhow Named to Lawdragon 500 Leading Lawyers in America

Principals Gary Lincenberg, Paul Chan and Ekwan Rhow have been selected to the 500 Leading Lawyers in America for 2020 by Lawdragon. The three are among just 64 attorneys in California recognized. Regarded as one of the most elite distinctions in the legal profession, the annual list recognizes the best of ...

Paul Chan to Speak at Federal Bar Association’s 2020 Qui Tam Conference

Managing Principal Paul Chan will be a featured speaker at the Federal Bar Association’s 2020 Qui Tam Conference in Washington, D.C.  Chan will serve as moderator on the panel discussion “AseraCare and the Future of Medical Necessity Cases” on February 27. The expert panel will explore the continued evolution of ...

Paul Chan Named Among the 2020 Top Minority Attorneys by Los Angeles Business Journal

Managing Principal Paul S. Chan has been named among the 2020 “Top Minority Attorneys” by the Los Angeles Business Journal. The annual special supplement acknowledges the best minority attorneys in the region who have upheld the highest professional and ethical standards, and those who have made significant contributions to the ...

14 Bird Marella Attorneys Named Among 2020 Southern California Super Lawyers

Bird Marella is honored to recognize the attorneys who have been selected for inclusion in the 2020 Southern California Super Lawyers list: Terry W. Bird Joel E. Boxer Paul S. Chan Mark T. Drooks Thomas R. Freeman Benjamin N. Gluck – Criminal Defense: White Collar (Top 100) Gary S. Lincenberg – Criminal Defense: ...

Paul Chan to Speak at Bridgeport’s 2020 Consumer Class Action Conference

Managing Principal Paul Chan will be a featured panelist at Bridgeport’s Annual Consumer Class Action Conference on January 10 in Costa Mesa, CA. Chan will co-present on the topic “The Use of BP 17200 in CA Class Actions” at 11:10 am. Bridgeport’s Annual Consumer Class Action Conference explores the ever-changing ...

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 ...

Other News & Events

  • Speaker, “AseraCare and the Future of Medical Necessity Cases, ” Federal Bar Association Qui Tam Conference, February 2020
  • Speaker, “The Use of Cal. Bus. & Prof. Code 17200 in CA Class Actions,” Bridgeport 2020 Consumer Class Action Conference, January 2020
  • 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