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Paul S. Malingagio
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Paul S. Malingagio is a partner in the Business Trial and Government Contracts Practice Groups in the Los Angeles office of Sheppard, Mullin, Richter & Hampton LLP, where he specializes in civil litigation, with an emphasis in the trial of complex and technology driven business matters and alternative dispute resolution.
Areas of Practice
General Civil Litigation: intellectual property, patents, trade secrets, unfair competition, corporate securities, real estate, product liability, and financial institutions.
Financial Institutions Litigation: lender liability, security interests, uniform commercial code, commercial loan defaults, attachments, claim and delivery, receivers, judicial foreclosures, injunctions, relief from stay proceedings, non-dischargeability of debt, objections to discharge.
Alternative Dispute Resolution: significant experience with most forms of alternative dispute resolution, including complex arbitration hearings and mediations with the American Arbitration Association and J.A.M.S., arbitration of patent infringement claims, and trials with judges pro tem. Appointed by the Los Angeles Superior Court to serve as the hearing officer in more than two dozen judicial arbitrations.
Mr. Malingagio has been appointed by the Los Angeles Superior Court to serve as the hearing officer in more than two dozen judicial arbitrations.
Mr. Malingagio completed a ten-week, 120-hour, performance-oriented course on the conduct of jury trials, presented by the Los Angeles County Bar Association.
Education
- J.D., Loyola Law School, 1979, cum laude
- B.A., University of California at Los Angeles, 1975
Admissions
- California
- Ninth Circuit Court of Appeals
- Court of Appeals for the Federal Circuit
- U.S. Supreme Court
- U.S. District Court for the Central, Northern, Eastern and Southern Districts of California
Trial and appellate experience includes: jury trials and court trials in Federal and State Courts; complex arbitrations; appellate experience in the California State Court of Appeal, the California Supreme Court, the Ninth Circuit Court of Appeals, the Court of Appeals for the Federal Circuit and the United States Supreme Court.
Represented various industries in litigation: aerospace, computer design and manufacture, computer hardware and software sales, financial institutions, real estate, retail, healthcare, medical devices and instruments, cosmetics, automotive products and services, construction, motion pictures, music, airlines, plastics, soft drinks.
Representative Litigation and Trial Experience
General Motors Corporation and Allison Engine Company, Inc. v. Northrop Corporation, Northrop Aircraft Division, Marion County Superior Court Case No. 49D05-9902-CP-154 (Indiana State Court)
Mr. Malingagio and one of his partners defended Northrop in this $75 million superior knowledge and breach of contract action filed in Indiana State Court. The plaintiffs were subcontractors to Northrop for a key component on Northrop's YF-23 advanced tactical fighter aircraft designed and produced for the United States Air Force. During the eight-week jury trial in Indianapolis, Indiana, Mr. Malingagio was responsible for conducting the direct and cross-examinations of percipient and expert witnesses in the fields of aerodynamics, jet propulsion and acoustic fatigue. The experts included a 20-year NASA propulsion specialist, a Ph.D. employed at the Jet Propulsion Laboratory and a tenured professor at Purdue University, in addition to various engineers employed by the plaintiffs and by Northrop.
Flex-Foot, Inc. and Van L. Phillips v. CRP, Inc., d/b/a Springlite, United States District Court Case No. SACV 97-504 DOC (EEx) (Central District of California)
Mr. Malingagio, as the lead lawyer in a team which included his partners, Gary Clark and Jim Brueggemann, represented Springlite in a series of five patent infringement lawsuits with Flex-Foot, Inc. Springlite and Flex-Foot are competitors in the field of lower leg prosthetics, and each company has several patents in the field. Multiple claims of infringement of multiple patents were filed by both parties against each other. Pursuant to the parties' agreement, three claims were tried before arbitration panels of three patent lawyers, with two arbitrations concluding in favor of Springlite and one in favor of Flex-Foot. During the course of this representation, Mr. Malingagio briefed and argued an appeal before the Federal Circuit Court of Appeals in Washington, D.C. Ultimately, after four years of litigation, all of the parties' disputes were settled on terms favorable to Springlite.
United States of America Ex Rel David Peterson and Jeff Kroll v. Northrop Corporation, United States District Court Case No. CV 87 3698KN (GHKx) (Central District of California)
Mr. Malingagio and two of his partners defended Northrop during the jury trial in this $50 million government contractor procurement fraud case arising out of the Peacekeeper intercontinental ballistic missile program. The United States Attorney's Office prosecuted this case for 10 years, culminating in a two-month jury trial. Mr. Malingagio and his partners obtained a jury verdict in favor of Northrop and an award of attorneys' fees against the United States Government. This result was designated as one of the National Law Journal's "Top Ten Defense Trial Verdicts in 1996."
Downey Savings & Loan Association v. Sears, Roebuck and Co.; Case No. VCV 015597 (San Bernardino County Superior Court)
Representing Sears as the defendant and cross-complainant, Mr. Malingagio obtained a defense judgment for Sears in this four month trial of a breach of contract/fraud action in Victorville, California. On post-trial motions, the Court awarded Sears over $900,000 in attorneys fees and costs, covering 90% of Sears’ total litigation expenses.
Constant v.Texas Instruments, United States District Court (Central District of California)
Mr. Malingagio was co-counsel for Texas Instruments, in a case involving patents on computer chip technology which was litigated from 1985 until 1989. Texas Instruments obtained a favorable summary judgment under Section 102 on the grounds that the patent was anticipated by prior art. The trial court's ruling was upheld through appeals to the Federal Circuit and Petitions for Certiorari to the United States Supreme Court.
Homestead Savings & Loan Association v. Security Pacific National Bank; Case No. 325160 (Sacramento County Superior Court)
Mr. Malingagio defended Security Pacific National Bank in this multi-million dollar, twenty-three count lender liability action filed by Homestead Savings & Loan Association. Mr. Malingagio managed a team of lawyers and paralegals to conduct a complex, four-year discovery and law and motion plan to prepare the case for trial. Approximately 40 depositions of percipient and expert witnesses were taken, hundreds of thousands of documents was analyzed, and several causes of action were dismissed prior to trial. Some three weeks into the jury trial in Sacramento County, the case settled on terms favorable to Security Pacific.
Plastic Recycling Corporation of California v. wte Corporation (American Arbitration Association)
On behalf of the Plastic Recycling Corporation of California, Mr. Malingagio instituted this contractual arbitration before the American Arbitration Association seeking damages and termination of a contract with a failed plastic bottle recycling facility in Northern California. The respondent counterclaimed for fraud and breach of contract, claiming over $10 million in damages. The arbitration involved 53 days of live testimony before a retired Superior Court Judge and resulted in a termination of the contract and offsetting damages awards whereby Mr. Malingagio's client was not required to pay any damages on the counterclaim.
Purosil, Inc. v. Agnes Enterprises, Inc. (American Arbitration Association)
Purosil acquired the business operations of Agnes Enterprises in a leveraged buyout ("LBO") transaction. On behalf of Purosil, Mr. Malingagio instituted a contractual arbitration proceeding before the American Arbitration Association seeking rescission of the LBO transaction or alternative monetary damages based on fraud and mistake. Mr. Malingagio conducted a complex hearing involving 41 days of testimony before a retired Superior Court Judge which resulted in an $800,000 recovery for Purosil.
H. Robert Holmes, et al. v. Avanza Corp., et al; Case No. RCV 10578 (San Bernardino County Superior Court).
Mr. Malingagio defended Avanza Corp. and its officers and directors in this shareholder derivative and breach of fiduciary duty lawsuit filed as part of an attempt to hostilely take over Avanza Corp. After defeating two motions for preliminary injunctions, Mr. Malingagio negotiated a settlement resulting in current management retaining control of the company and purchasing a controlling percentage of the outstanding stock at one-third its pre-litigation price.
Northrop Corporation v. McDonnell Douglas Corporation; United States District Court Case No. 79 04145 R (Central District of California)
Northrop filed an action against McDonnell Douglas ("MDC") alleging breach of contract and antitrust violations arising out of the teaming agreement between the two companies to co produce the F/A 18 jet fighter aircraft for the U.S. Navy. MDC cross-claimed against Northrop alleging that Northrop misappropriated MDC's F/A 18 trade secrets and used them in the design of Northrop's F 20 jet fighter aircraft. Mr. Malingagio worked as part of a team of 15 lawyers representing Northrop. Mr. Malingagio was primarily responsible for Northrop's defense of the claims of trade secret misappropriation, and specifically with respect to the design of the avionics, computers, cockpits, controls and displays in the aircraft. Mr. Malingagio managed and conducted extensive discovery and depositions of percipient and expert witnesses, including numerous avionics design engineers, former military pilots, government officials, a former Deputy Secretary of Defense and U.S. Air Force General (Ret.) Charles E. Yeager. Prior to trial, the case was settled when MDC agreed to pay Northrop in excess of $50 million.
MAI Basic Four, Inc. v. Jonas & Erickson Software Technologies, Inc.; United States District Court No. 85 07673 PAR (Central District of California)
MAI Basic Four, Inc. ("MAI"), a $250 million computer hardware manufacturer filed an action against Jonas & Erickson Software Technologies, Inc. ("J&E"), a $10 million computer software manufacturer, alleging unfair competition, misappropriation of trade secrets and trade libel. Representing J&E with a limited litigation budget, Mr. Malingagio filed a cross-claim, devised and conducted a discovery plan, prevented the filing of a motion for preliminary injunction by MAI, and negotiated an extremely favorable settlement wherein J&E paid no money or other consideration to MAI.
Plastic Recycling Corporation of California v. California Department of Conservation, Division of Recycling; Case No. 366192 (Sacramento County Superior Court)
Mr. Malingagio represented the Plastic Recycling Corporation of California, a consortium of plastic bottle manufacturers, in this Writ of Mandate proceeding to challenge the manner in which California's Division of Recycling implemented the California Beverage Container Recycling and Litter Reduction Act.