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
“One of the best young trial lawyers I’ve ever seen.”
—Chambers
“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, Nation’s Top 40 & Under
“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, Top 40 Under 40
“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

Praised as “a trial force” and “a forceful counselor and litigator,” Moez Kaba handles an array of general complex civil litigation, including commercial disputes, securities litigation, trade secrets, intellectual property litigation, entertainment litigation, and antitrust. He has practiced in state, federal, trial, and appellate courts in California, New York, Delaware, Florida, and Colorado. Mr. Kaba has also advised on transactional matters concerning investments in various public and private companies, including a financial institution, an alternative energy company, and media companies.

Mr. Kaba has received significant praise for his tenacious advocacy on behalf of his clients. Among others, he is ranked as an Up and Coming Star by Chambers & Partners, twice selected as one of the Top 100 Lawyers in California and one of the Top 40 Lawyers Under 40 by the Daily Journal, and repeatedly recognized as one of the top lawyers under 40 by Benchmark Litigation. Mr. Kaba is a trusted advisor to many high-profile clients in their most pressing business issues.

In addition to his litigation practice, Mr. Kaba previously served as the secretary of the board of directors for Equality California and continues to dedicate considerable time to pro bono work. He currently serves on the board of directors for Bet Tzedek. He recently 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. In 2013, 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.

Mr. Kaba was previously a partner at Irell & Manella, and began his legal career at Wachtell, Lipton, Rosen & Katz in New York.

During law school, Mr. Kaba was thrice named a James Kent Scholar, and he won the Young B. Smith Award in Tort Law. After law school, he clerked for the Hon. Raymond C. Fisher on the United States Court of Appeals for the Ninth Circuit.

Experience

Trial and Appellate

Served as trial counsel in a four-week whistleblower trial in LA Superior Court. The jury unanimously found for the California Institute of Technology 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.

Served 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.

Served 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.

Served as trial counsel for T-Mobile in a high-stakes three-week federal jury trial in Seattle, winning verdicts on misappropriation of trade secrets and breach of contract claims against Huawei Devices USA.

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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 immunity and cannot be held liable for the acts of its users.

Prevailed in appeals in state and federal courts regarding various issues, including fraud, civil procedure, contract, equal protection, and unfair competition. In one case, the New York Law Journal described his victory for his client as a “game changer.”

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

Complex Civil Litigation

Representing Monster Energy against Vital Pharmaceuticals in a case involving claims of Lanham Act unfair competition, breach of contract, and consumer fraud.

Representing Palantir Technologies in a case involving misappropriation of trade secrets and other wrongful conduct.

Representing Amazon, Inc., in a suit brought by eBay, alleging tortious interference and unfair competition.

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.

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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.

Representing the Navajo Nation against Wells Fargo in a suit alleging the bank deliberately targeted members of the tribe with predatory and fraudulent practices, then lied to the tribal government when confronted.

Represented Tesla CEO Elon Musk in a contempt proceeding brought by the SEC over Mr. Musk’s tweets. The district court denied the SEC’s contempt motion and the matter was favorably resolved.

Represented CoreLogic in a confidential arbitration involving breach of contract and trade secrets claims.

Represented an international financial institution in a multi-year and multi-jurisdiction investigation involving alleged securities fraud.

Represented a public energy company in state enforcement proceeding alleging violations of state securities laws.

Defended a leading technology and mobile communications company in an International Trade Commission (ITC) action related to patent infringement allegations. Shortly before the ITC action was to begin, the complainant voluntarily dropped the case.

Defended a white-collar client in a high-profile money laundering and tax-evasion prosecution brought by the U.S. Attorney’s Office for the Central District of California.

Represented a public company in a breach of contract case concerning the application of the “material adverse effect” clause in a merger agreement.

Represented a financial services company in a confidential arbitration concerning breach of contract and misappropriation of trade secrets claims.

Represented an asset management company in a breach of investment agreement action.

Health Care Industry Litigation

Obtained judgment for Bausch Health Companies in a nine-figure trade secret and breach of contract lawsuit.

Defending Bausch Health Companies in a false claims act lawsuit arising out of claims of inequitable conduct before the USPTO.

Represented GlaxoSmithKline in antitrust, unfair competition, and breach of contract action against Abbott. Achieved a favorable settlement for the client on the eve of trial.

Defended Amgen and several former executives in several securities class actions, including shareholder, derivative, and ERISA matters. After moving for summary judgment, obtained favorable settlements in the shareholder and ERISA matters and dismissals of the derivative matters.

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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.

Entertainment Industry Litigation

Secured a complete victory for IMDb.com in its First Amendment fight against the state of California. The state passed a law requiring database sites like IMDb to remove an actor’s age upon request. In granting the motion for summary judgment, the judge held that the law is “clearly unconstitutional.”

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.

Represented one of Hollywood’s largest studios in a high-profile class action lawsuit alleging breach of contract and tort claims based on the studio’s accounting.

Represented a prominent entertainment company in a breach of contract action against a financial institution concerning participation rights in film revenue.

Recognitions

  • Litigation: General Commercial, Chambers USA (2019)
  • Top 100 Lawyers in California, Daily Journal (2017, 2018)
  • Most Influential Minority Attorneys, Los Angeles Business Journal (2019)
  • 40 & Under Hot List, Benchmark Litigation (2015-2020)
  • Top Litigators in Los Angeles, Los Angeles Business Journal (2019)
  • Top 40 Under 40, Daily Journal (2017)
  • Litigation Star, Benchmark Litigation (2019, 2020)
  • Repeatedly recognized as one of the top 100 up-and-coming lawyers in Southern California by Los Angeles Magazine
  • Featured as the cover story in Super Lawyers magazine (2016)
  • Named to the Southern California Rising Stars list (2013-present)

Activities

Board of Directors, Bet Tzedek

Former Secretary to the Board of Directors, Equality California