Moez Kaba

Moez M.
Kaba

Partner

Partner

Education
  • Columbia Law School (J.D., 2005)
  • Cornell University (B.S., 2002, Industrial and Labor Relations) highest honors; Class Marshal
Clerkships
  • Hon. Raymond C. Fisher, U.S. Court of Appeals for the Ninth Circuit
Admissions
  • California
  • New York
“A master in the courtroom.”
—Chambers
“There’s nobody quicker or more consistently on the money when complex judgment calls need to be made.”
—Chambers
“One of the best young trial lawyers I’ve ever seen.”
—Chambers
“Staked himself a position as another of the firm’s lead trial counsel on some of the firm’s most high-stakes disputes.”
—Benchmark Litigation
“He is innovative, smart and able to see problems from various perspectives. His oral advocacy skills are second to none.”
—Chambers
“A forceful counselor and litigator.”
—Benchmark Litigation
“A trial force, with street smarts and experience beyond his years.”
—Benchmark Litigation
“Steel trap mind.”
—Chambers
“Indispensable for his unique ability to ‘take complex arguments and make them instantly accessible.’”
—Super Lawyers, Southern California Rising Stars
“An attorney with a string of victories for high-profile clients.”
—Daily Journal
“Revered by peers as ‘young, charismatic, and very involved.’”
—Benchmark Litigation
“Sits comfortably on the front line of some of the firm’s thorniest matters and whose star is inexorably on the rise.”
—Benchmark Litigation
“Exceptional” ... has a “remarkable ability to home in on the most salient issues immediately.” 
—Chambers
“He can see complex litigation and create a clear path forward.” 
—Chambers
“Moez is really brilliant and has a great combination of practicality and strategic thinking.” 
—Chambers
“His enviable record of trial and appellate victories” makes “you want him in your corner in court.”
—Los Angeles Business Journal

Praised as “a master in the courtroom” and “one of the best litigators,” Moez Kaba has stacked up an enviable record of trial and appellate victories in courts across the country. Mr. Kaba’s perfect trial record makes him a go-to trial lawyer and trusted advisor to his clients, earning top rankings from Chambers and bolstering his standing as a “powerhouse” lawyer in multiple national rankings including “Top 100 Trial Lawyers in America” (the youngest lawyer in the country on the list) and “Top 20 Trial Lawyers in California” by Benchmark Litigation.

From a variety of Fortune 500 companies to entrepreneurs and high-profile individuals, Mr. Kaba develops creative and disruptive strategies to solve business’ unique objectives in a broad array of general complex civil litigation, including commercial disputes, securities, trade secrets, entertainment, and intellectual property litigation.

As touted by Chambers USA, “there’s nobody quicker or more consistently on the money when complex judgment calls need to be made,” with clients adding “he is innovative, smart and able to see problems from various perspectives. His oral advocacy skills are second to none.” “He has a remarkable ability to home in on the most salient issues immediately.”

In addition to his litigation practice, Mr. Kaba dedicates considerable time to pro bono work focusing on access to justice and social issues. Among his pro bono achievements: He obtained a preliminary injunction for Freedom for Immigrants (FFI) in an important, closely watched, First Amendment case, ordering U.S. Immigration & Customs Enforcement to restore FFI’s National Immigration Detention Hotline. (See media highlights here). He represented the Council for American-Islamic Relations in its efforts to support a San Diego school district regulation that was designed to protect Muslim students who are particularly at risk of being bullied. (See media highlights here). He represented Equality California in challenging the constitutionality of California’s ban on same-sex marriage in the United States Supreme Court. For several years, he represented various women’s rights groups in cases challenging the constitutionality of the Defense of Marriage Act (DOMA) and state bans on same-sex marriage.

Experience

Trial

Won “the largest-ever U.S. trademark award” (Reuters) for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. Following a two-week trial, the arbitrator held that VPX’s Bang Energy does not contain advertised muscle-building creatine and infringed on “Bang” trademark. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorney’s fees and costs, and a 5% royalty on all future sales of Bang Energy (with over $1.5 billion in annual sales). (See “Monster asks court to enforce $175 mln award against Bang Energy maker,” Reuters; “Monster, Orange Bang Win $175M Against Rival In Arbitration,” Law360).

Prevailed as lead counsel in “landmark” opioid trial for Endo Pharmaceuticals in a closely watched $50 billion California case alleging public nuisance, unfair competition, and false advertising. Obtained a full defense verdict following a four-month trial. The win was hailed as “giv[ing] drug companies their first major victory in the litigation brought by cities and counties across the country over the opioid crisis,” American Lawyer. (See “How Hueston Hennigan Notched A Landmark Opioid Trial Win,” Law360; “Opioid Makers Win Major Victory in California Trial,” New York Times; “Drug Makers Handed First Win Out of Thousands of National Opioid Crisis Lawsuits,” Newsweek).

Prevailed as trial counsel in a complete defense verdict for PricewaterhouseCoopers in a high-profile lawsuit and closely watched federal trial brought by a former employee and SEC whistleblower, Mauro Botta. (See “PwC auditor’s firing wasn’t triggered by SEC complaint: judge,” Reuters).

Prevailed as trial counsel in a two-week arbitration for Amazon.com, Inc., in a suit brought by eBay, alleging tortious interference and unfair competition. After the hearing, the panel unanimously found for his client on all claims. (See “Amazon wins legal fight against eBay over alleged seller poaching,” CNN).

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Prevailed as trial counsel in a four-week whistleblower trial for the California Institute of Technology in LA Superior Court. The jury unanimously found for Caltech in a wrongful termination suit in which a former researcher sought tens of millions of dollars in damages, claiming the school retaliated against him for allegedly exposing the misuse of government funds. Prior to trial, obtained full dismissal of breach of contract and tortious interference claims. (See “Shout-Out: Hueston Hennigan Beats Back Whistleblower Claim Against Caltech,” The American Lawyer).

Prevailed as trial counsel in a highly publicized, three-week jury trial in New York federal court on behalf of William Koch, winning an eight-figure punitive damages verdict and liability findings on all claims of fraud, deceptive business practices, and false advertising on behalf of his client. (See “Billionaire Bill Koch wins $12 million from wine maven who sold him bogus Bordeaux,” NY Post).

Prevailed as trial counsel for the State Bar of California in a widely covered action brought by a former state senator and CEO of State Bar of California concerning whistleblower retaliation, breach of contract, and breach of fiduciary duty claims. Prevailed on all claims after a one-week trial. (See “Ex-Calif. Bar President Sheds Fired Exec’s Contract Claim,” Law360).

Prevailed as trial counsel on misappropriation of trade secrets and breach of contract claims for T-Mobile in a high-stakes three-week federal jury trial in Seattle against Huawei Devices USA. (See “The U.S. Just Charged Huawei With Stealing A T-Mobile Robot Idea,” Forbes).

Obtained broad injunctions in a confidential arbitration for CoreLogic Solutions, Inc. in a breach of contract and trade secrets case.

Prevailed as trial counsel on behalf of the liquidating trustee of a multimillion-dollar investment partnership, three weeks before a trial, in an action alleging breach of contract and breach of fiduciary duties. On the day set for opening arguments, a favorable settlement was reached.

Appellate

Prevailed at the U.S. Circuit Court of Appeals for the Ninth Circuit for the Internet Movie Database (IMDb.com) in an anti-SLAPP suit. Obtained preliminary and permanent injunctions invalidating the constitutionality of a California’s statute. (See “Law barring disclosure of actors’ ages violates 1st Amendment, appeals court rules,” Los Angeles Times).

Prevailed at the U.S. Circuit Court of Appeals for the Ninth Circuit on behalf of Bausch Health Companies in a nine-figure, cross-border trade secret and breach of contract case. Adopting our arguments, the Ninth Circuit held that the case could not proceed in the absence of Bausch’s foreign subsidiaries and that the court lacked jurisdiction over those absent entities.

Prevailed in the U.S. Circuit Court of Appeals for the Second Circuit, holding for the first time that a social network application Grindr and its owners are protected by Communications Decency Act section 230 immunity and cannot be held liable for the acts of its users. (See “Grindr defeats appeal over harassment on gay dating app,” Reuters).

Prevailed in the U.S. Circuit Court of Appeals for the Second Circuit for William Koch, upholding a jury verdict and a $1.15 million award against Silicon Valley entrepreneur and fellow oenophile Eric Greenberg over the sale of 24 bottles of fake Bordeaux. (See “Billionaire Koch defeats appeal in fake wine case.” Reuters).

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Prevailed in the New York Court of Appeals for William Koch related to his California Superior Court action claiming that he was sold 149 bottles of counterfeit rare wine by Rudy Kurniawan through Acker, Merrall & Condit, a New York-based dealer in fine and rare wines. The Court clarified the standard for enforcing subpoenas to nonparties in litigation, and The New York Law Journal described the victory as a “game changer.” (See “Court Clarifies Rules for Nonparty Subpoenas,” The New York Law Journal).

Complex Civil Litigation

Representing Monster Energy in multiple Lanham Act, misappropriation, and unfair competition in various venues across the country.

Representing Palantir Technologies in lawsuits in California alleging both trade secret theft and breach of contract.

Prevailed on motion to dismiss Lanham Act and tortious interference claims in a closely-watched technology case brought against online software and filtering company Malwarebytes. (See “Oft-Cited Case Involving Anti-Malware Cos. Tossed For Good,” Law360).

Secured a victory for BlackBerry Corp. and BlackBerry Ltd. in civil extortion and unfair competition claims leveled against it by MobileIron, forcing it to pay Blackberry’s legal fees and drop its lawsuit.

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Obtained summary judgment of non-infringement in favor of Amazon.com, Inc. against claims for patent infringement brought by serial patent litigant MasterObjects, Inc.

Representing Southern California Edison and Edison International in litigation arising out of the 2017 Thomas Fire and 2018 Montecito mudslides. Mr. Kaba is leading Southern California Edison’s legal challenges to the inverse condemnation claim, which is the central focus of wildfire litigation brought against investor-owned utilities, including SCE and PG&E.

Representing Ring (an Amazon.com, Inc. subsidiary) in class action lawsuits filed against it arising out of alleged hacking of Ring devices.

Prevailed in dismissing novel false claims act lawsuit against Bausch Health Companies arising out of claims of inequitable conduct and fraud on the US Patent and Trademark Office.

Representing Corelogic Solutions, LLC in a consumer class action lawsuit alleging violations of federal and state credit reporting laws.

Representing the California Institute of Technology (Caltech) in a qui tam lawsuit brought by a faculty member and former JCAP Director, alleging that the university and several faculty members had defrauded the Department of Energy (DOE) out of federal funds in violation of the False Claims act.

Representing the Navajo Nation in all aspects of its claims arising out of the unprecedented environmental disaster caused by the Gold King Mine spill near Silverton, Colorado. The Navajo Nation won an important victory in its fight for fair compensation for the harms caused by the U.S. EPA and its contractors when the court refused to dismiss the suit against the EPA’s subcontractor. Mr. Kaba also continues to work with various members of Congress in an effort to secure a legislative solution for the Navajo Nation.

Secured a substantial settlement, reflecting a larger recovery than that obtained by similarly populous states, for the Navajo Nation against Wells Fargo in its lawsuit detailing the Bank’s long campaign of predatory and fraudulent practices. (See “Wells Fargo Pays Navajo Nation $6.5 Million In ‘Predatory’ Lawsuit Settlement,” Forbes).

Defeated SEC’s contempt action against Tesla CEO Elon Musk for alleged improper tweeting. (See “How Hueston Hennigan Steered Tesla’s Musk to Safety,” American Lawyer)

Defended Valeant Pharmaceuticals in multibillion-dollar securities class actions, alleging violations of insider trading and control person liability statutes. After argument on summary judgment motions, obtained favorable settlements on all matters.

Obtained a preliminary injunction on behalf of Amgen holding that information related to potential price changes submitted to the state pursuant to California Senate Bill 17 can be classified as protectable trade secrets and may not be disclosed in response to a California Public Records Act request. This was a highly watched case with huge implications for the pharmaceutical industry.

Obtained a seven-figure settlement for actor Alec Baldwin—an amount equal to a complete full-trial victory—in a high-profile art fraud case. (See “Alec Baldwin’s Legal Tussel Over a Painting,” The New Yorker).

Dismissal with prejudice of a Title IX, breach of contract, and UCL case (among other claims) brought against the California Institute of Technology by a student.

Recognitions

  • Litigation: General Commercial, Chambers USA (2019 - present)
  • MVP: Trials, Law360 (2022)
  • Top 100 Lawyers in America and Top 20 Trial Lawyers in California, Benchmark Litigation
  • Top 100 Lawyers in California, Daily Journal (2017 - present)
  • Minority Leaders of Influence: Attorneys, Los Angeles Business Journal (2019 - present)
  • Leaders of Influence: Top Litigators & Trial Lawyers, Los Angeles Business Journal (2019 - present)
  • Key Lawyer for General Commercial Disputes, Legal 500 (2020 - present)
  • 40 & Under Hot List, Benchmark Litigation (2015 - present)
  • Top 40 Under 40, Daily Journal (2017)
  • Litigation Star, Benchmark Litigation (2019 - present)
  • Legal Visionary, L.A. Times

Activities

Board of Directors, Bet Tzedek

Board Member and Secretary, Social Justice Legal Foundation

Former Secretary of the Board of Directors, Equality California

Hueston Hennigan Named a Law360 Trials Group of the Year

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