John J. Quinn
Los Angeles Office
email:
tel. 310.826.7474
fax 310.826.6991
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Practice Areas
Litigation
Corporate And Finance
Education
Adelphi University
(B.A., 1972)
Albany Law School of Union University
(J.D., 1975)
New York University School of Law
(LL.M. in Corporation Law, 1982)
Admitted
New York, 1976
California, 1987
U.S.D.C. Southern District of New York
U.S.D.C. Eastern District of New York
U.S.D.C. District of Connecticut
United States Court of Appeals for the Second Circuit
U.S.D.C. Central District of California
U.S.D.C. Southern District of California
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Federal Circuit
United States Court of International Trade |
John
Quinn is Of
Counsel at Russ August & Kabat, where
he practices in the litigation and corporate and finance departments.
Mr. Quinn has extensive experience advising and representing
business interests in all manner of disputes and transactions. Previously,
Mr. Quinn was a partner at the national law firm Kelley Drye & Warren,
in its New York and Los Angeles offices, and Riordan & McKinzie
in Los Angeles. From 1978 to 1982 Mr. Quinn was an Assistant
District Attorney in the Manhattan District Attorney’s
Office where he worked for Robert M. Morgenthau in the Trials
and Rackets Bureaus. In addition to his legal work, Mr.
Quinn served as a member of the Board of Directors of Skechers
USA, Inc. (SKX, NYSE) where he served on the Audit and Compensation
Committees from 1999 to 2001 and as Chief Strategy Officer of
Skechers from 2001 to 2007. In that position, Mr. Quinn
was responsible for brand acquisitions and development, supervised
Skechers licensing portfolio and oversaw the growth of its e-commerce
business. During Mr. Quinn’s tenure at Skechers the
company grew from one brand to ten and from $900 Million in sales
to $1.4 Billion. More recently, Mr. Quinn served as a consultant
to the frozen yogurt retail brand Pinkberry following an investment
in the brand by the venture capital firm Maveron.
Mr. Quinn has litigated and tried numerous cases, civil and
criminal, in over two dozen different state and federal courts,
arbitration proceedings, and before government and industry regulatory
agencies. Mr. Quinn developed a specialty in representing
clients that are the subject of multiple – parallel – proceedings
such as S.E.C. enforcement actions, D.O.J. investigations and
class action law suits arising from insider trading and accounting
fraud allegations. For example, Mr. Quinn successfully
negotiated plea agreements for corporate clients that enabled
the clients to continue supplying products and materials to federal
purchasing agencies and avoid debarment proceedings. In
one such situation Mr. Quinn represented the interests of a major
teaching hospital where a patient’s death gave rise to
five separate legal proceedings, including a grand jury investigation,
regulatory and disciplinary actions and two civil lawsuits. Mr.
Quinn provided similar advisory services to the Regents of the
State of California in proceedings arising from the fertility
clinic scandal at a California State teaching hospital and medical
school.
During his career, Mr. Quinn has advised public and private
company clients on corporate governance issues, including various
disclosure obligations, commercial relationships, and business
transactions, including mergers and acquisitions. These
services range from assisting in and conducting due diligence
pre-transaction, negotiating acquisition valuation, pricing and
material terms, and representing buyers seeking recovery of damages
post transaction. For example, Mr. Quinn secured a substantial
settlement for a client that discovered, post closing, that owner/seller’s
employee had falsified inventory value and profits that led to
higher purchase price paid by firm. The absentee owner/seller
of the company disgorged the increase in the purchase resulting
from the inflated valuation. In another post closing situation,
Mr. Quinn negotiated settlement, pre-litigation, on behalf of
buyer, from a Big 5 accounting firm arising from accounting errors
in closing financial statements that triggered liability under
a Material Adverse Change provision in the Purchase Agreement.
Mr. Quinn developed trademark enforcement and anti-counterfeiting
programs for several consumer product clients and successfully
sued and obtained injunctions and money damages in trademark
counterfeiting cases, including award of treble damages and attorney's
fees. In one such case, Mr. Quinn was appointed Special
Prosecutor by Federal Judge to prosecute criminal contempt action
against a defendant charged with violating an injunction issued
in a trademark infringement case and secured the maximum six-month
sentence against the offender.
Some additional highlights include:
- Secured acquittal in Federal criminal antitrust case involving
allegations of price fixing and territorial allocation among
road construction companies.
- Secured acquittal of client, a private college, accused of
criminal contempt in California state court proceeding involving
construction of new facility in historic preservation district.
- Obtained summary judgment in Federal employment discrimination
case, affirmed on appeal, including hostile work environment
claims, on behalf of major pharmaceutical company.
- Successfully negotiated Medi-Cal reimbursement rate dispute
with State of California on behalf of major pharmaceutical
company.
- Obtained dismissal on motion, affirmed on appeal, of Federal
consumer class action fraud on behalf of Fortune 500 consumer
products company.
- Obtained summary judgment, affirmed on appeal, in California
State court action on behalf of Investment Bank that underwrote
Mello-Roos financing for City of Tehachapi.
- Obtained summary judgment, affirmed on appeal, on behalf
of mortgage insurance underwriter in state action seeking indemnity
by largest national bank issuer of home mortgages.
- Represented major investment bank and broker dealer firm
in a series of raiding cases involving trade secret and unfair
competition claims and customer claims for fraud and suitability
in federal and state courts and arbitration proceedings.
- Represented construction company specializing in demolition
services in project disputes in California, New York, New Jersey
and Boston’s ten-year Big Dig project.
- Successfully negotiated settlement during arbitration hearing
by which client reclaimed distribution rights to valuable international
territories that generated over $30 Million in new revenue.
- Successfully obtained reversal of $16.5 Million judgment
awarded under Texas
Deceptive Trade Practices Act.
- Represented Japanese trading company that imported machine
tool and printing press equipment to the United States in a
variety of business, regulatory and litigation matters. Successfully
recovered equipment in replevin proceeding in Pennsylvania
state court action against fraudulent shell company that led
to conviction and sentence of principal to eight-year federal
term.
- At the request of the California Department of Corporations,
assisted receiver in recovering over $60 Million diverted in
a $90 Million Ponzi scheme case.
- Participated as a speaker and panelist at Galef Symposium Conference
on Corporate Governance and Equity Offerings presented
by The Harold Price Center for Entrepreneurial Studies and
the Anderson School of Management at UCLA on the topics “Corporate
Disclosure and “View from Inside the Audit Committee”.
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