Wayne S. Flick is a member of the Litigation & Trial Department, the Financial Institutions Industry Group and the Insolvency Litigation Practice. Mr. Flick is also the Chair of the Los Angeles Finance Committee.
Mr. Flick handles a range of complex commercial litigation matters, with a focus on insolvency-related and other litigation matters for financial institutions. He represents creditors and debtors, and practices in state, federal and bankruptcy courts across the United States.
Mr. Flick also has represented hundreds of employers in discrimination, harassment and wrongful termination litigation, wage and hour class actions and adverse impact suits brought by the US Justice Department, three of which he tried to judgment.
He has significant state and federal appellate experience in California, and has argued twice before the California Supreme Court. He also has given testimony twice before the US House of Representatives, Committee on the Judiciary, Subcommittee on the Constitution.
Mr. Flick serves on the Board of Directors of AIDS Project Los Angeles. He was a long-time member and the 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 a member of the Los Angeles County Bar Subcommittee on Complex Courts. He has been featured in the Los Angeles Daily Journal for his pro bono work. He has been active on behalf of numerous candidates for office in California and nationally.
Mr. Flick's representative experience includes advising and representing:
- An international investment firm, in fraudulent transfer claims of more than US$1 billion in parallel cases in the federal and bankruptcy courts in the SDNY., relating to a complex financing transaction in Europe. Hosking et al v. TPG Capital Management, L.P. et al. (Ongoing.)
- A hedge fund/senior lender, in a collateral dispute with a junior lender involving the Cabazon Band of Mission Indians in Riverside, California.
- A Big Four accounting firm, in connection with the City of Detroit bankruptcy, the largest municipal bankruptcy case in US history. In re City of Detroit. (Ongoing.)
- A national cancer treatment and research center, on fraud and related claims by the trustee of a decedent’s estate. Koshmerl v. City of Hope National Medical Center, et al. (Complete defense verdict after four-week jury trial.)
- A former sole shareholder, in a securities fraud and breach of fiduciary duty action arising from a challenged reverse triangular merger. Dahl v. Rancho San Roque, Inc., et al. (Ongoing.)
- A coalition of oil and gas producers in preparing a litigation challenge to a California county ballot initiative that would prohibit all oil and gas production.
- A major energy company in a dispute with a contractor hired to inspect underground pipelines, involving alleged fraud and breach of contract by the contractor. (Ongoing.)
- A lender, against claims by customers of entertainment industry payroll company following foreclosure on deposit accounts. Lonely Maiden Prods., LLC v. GoldenTree Asset Management LP, 201 Cal. App. 4th 368 (2011). (Affirming summary judgment.)
- A mezzanine lender, on claims for breach of loan guaranties and an alleged loan-to-own scheme involving US$1.5 billion real estate portfolio. Daniel v. Wachovia Bank, N.A. (Summary judgment.)
- A senior lender, in bankruptcy case involving Terminator film franchise. In re T Asset Acquisition Co., LLC.
- A Big Four accounting firm, against intentional interference claim. Case dismissed at trial; reversed by California Supreme Court, Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008) (clarifying Bus. & Prof. Code § 16600). (Subsequent summary judgment affirmed.)
- A hedge fund, against claims by former CEO and shareholders of failed sub-prime lender. Gaiser v. Pacificor, LLC. (Summary judgment.)
- A litigation trust, in claims by distributors of ephedra supplements. In re MII Liquidation Inc. (Metabolife Int’l.) (Orders denying class certification affirmed by Ninth Circuit.)