Wayne S. Flick

Wayne S. Flick is the Los Angeles Office Deputy Managing Partner. He is also a member of the Litigation Department and the Insolvency Litigation Practice Group. Mr. Flick represents both debtors and creditors in a wide range of bankruptcy-related and complex commercial litigation. Mr. Flick regularly practices in both state and federal courts, including the California and United States Courts of Appeals, and has argued twice before the California Supreme Court. Mr. Flick previously represented employers in a wide range of employment matters, including discrimination, harassment, wrongful termination, pattern or practice adverse impact cases brought by the USDOJ and wage and hour class actions.

Representative matters:

• In re T Asset Acquisition Company, LLC, USBC, C.D. CA; Case No. 2:09-31853
  Represented senior secured lender in bankruptcy relating to Terminator film franchise.
• In re Axium International, Inc., USBC, C.D. CA; Case No. 2:08-bk-10277
  Represented senior secured lender in bankruptcy of entertainment industry’s third largest payroll company.
• In re Fleetwood Enterprises, Inc., USBC, C.D. CA; Case No. 6:09-bk-14254
  Represented secured lender in bankruptcy of producer of manufactured housing and recreational vehicles.
• In re APX Holdings, LLC, USBC, C.D. CA; Case No. 2:08-cv-2770
  Represented secured lender in bankruptcy of a less-than-truckload delivery provider.
• In re Spansion, Inc., USBC, D. Delaware; Case No. 09-10690
  Represented debtor-in-possession flash memory manufacturer, including defense and favorable settlement of WARN Act class action.
• In re AMERCO, USBC, N.D. Nevada; Case No. BK-03-52103
  Represented financial advisor XRoads Solutions Group in litigation against debtor seeking success fee; achieved favorable settlement.
• In re MII Liquidation Inc. (Metabolife International, Inc.), USBC, S.D. CA; Case No. 05-6040-H11
  Represented litigation trust in defending numerous lawsuits by former distributors of ephedra-based vitamin supplements; successful Ninth Circuit appeal from bankruptcy and district court orders denying class certification of ephedra claims.
• In re Consolidated Freightways Corporation, USBC, C.D. CA; Case No. RS 02-24284
  Represented debtor in various matters, including defense and favorable settlement of WARN Act class action.
• Showtime Networks v. Ventura Distribution (First Look Studios), L.A. County Sup. Ct.; Case No. BC348288
  Represented purchaser of assets from assignee for the benefit of creditors against successor liability claims by former creditor of debtor.
• Miller v. Ventura Distribution, Inc. , L.A. County Sup. Ct.; Case No. BC 353641
  Represented purchaser of assets from assignee for the benefit of creditors against claims of real estate fraud; plaintiff voluntarily dismissed all claims after mediation.
• San Jacinto Z, LLC. v. Pacificor Horizon Financial, Inc., Riverside County Sup. Ct.;
  Case No. RIC 414463
  Represented secured lender in litigation regarding real property loan and alleged real estate fraud. 
• Bergman v. Thelen LLP, USDC, N.D. CA; Case No. CV-08-5322
  Represented dissolved law firm against federal WARN Act class action; successfully stayed parallel state court WARN Act class action.
• Forman v. Quality Home Loans, USBC, C.D. CA; Case No. 1:08-AP-01026
  Represented secured lender in class action claims by fund investors relating to failed sub-prime lender Quality Home Loans; achieved favorable global settlement of all class claims and lender’s claims against debtor, including payment of up to $42 million to lender.
• Gaiser v. Pacificor, LLC, L.A. County Sup. Ct.; Case No. BC397278
  Represented hedge fund against claims of fraud and breach of fiduciary duty and breach of contract brought by former CEO and sole shareholders of failed sub-prime lender Quality Home Loans.  Successful dismissal of several claims at pleading stage; summary judgment pending.
• Lonely Maiden Prods., LLC v. GoldenTree Asset Management LP, L.A. County Sup. Ct.;
  Case No. BC396660
  Represented secured lender against claims by production company customers of entertainment industry’s third largest payroll company (Axium International) relating to lender’s foreclosure on Axium’s general deposit accounts; dismissal of certain claims on demurrer; summary judgment as to all remaining claims.
• Brothers Servicing LLC v. GoldenTree Asset Management LP, L.A. County Sup. Ct.;
  Case No. BC387899
  Represented secured lender against claims by production company customer of entertainment industry’s third largest payroll company (Axium International) relating to lender’s foreclosure on Axium’s general deposit accounts; plaintiff voluntarily dismissed all claims while demurrers pending.
• Daniel v. Wachovia Bank, N.A., L.A. County Sup. Ct.; Case No. BC402290
  Represented secured mezzanine lender on claims relating to loan guarantys, and allegedly fraudulent loan-to-own scheme relating to $1.6 billion portfolio of commercial properties..
• Edwards v. Arthur Andersen LLP, L.A. County Superior Ct.; Case No. S147190
  Represented accounting firm against claims by former senior manager; most claims dismissed at summary judgment; remaining claim for intentional interference with prospective economic advantage dismissed at trial; judgment reversed by California Supreme Court, Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008) (clarifying Bus. & Prof. Code § 16600 relating to non-compete agreements); remanded for trial; action dismissed at summary judgment.
• Zambrano v. Macquarie Cook Power, Inc., L.A. County Sup. Ct.;
  AAA Case No. 72 160 01158 09 JOG3
  Represented defendant in intentional interference and other claims by former employee; prevailed on motion to compel arbitration; plaintiff’s writ application denied; arbitration pending before AAA.
• First American Trust Co. v. Fleetwood Enterprises, Inc., USBC, C.D. CA; Case No. 6:09-ap-1415
  Represented lender in adversary proceeding brought by trustee of life insurance trust for conversion and equitable subordination.

Mr. Flick is active in a variety of community and bar activities. He has served as a member and President of the Board of Directors of the California Women’s Law Center, where he established the Harry A. Blackmun Memorial Public Interest Grant. He was appointed by the California State Bar Board of Governors to the Committee on Administration of Justice, and has served on the Board of Governors of the Association of Business Trial Lawyers, where he co-chaired its Public Service Committee. He is also active in politics, including the 2007-08 presidential campaign of Hillary Rodham Clinton, and participates in the Clinton Global Initiative.

Los Angeles Office