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
“Exceptional” ... has a “remarkable ability to home in on the most salient issues immediately.” 
—Chambers

Praised as “a trial force” and “a forceful counselor and litigator,” 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 and has repeatedly earned him recognition as a “Top Litigator and Trial Lawyer” in Los Angeles.

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

As noted by Chambers USA, clients have called Mr. Kaba “one of the best young trial lawyers I’ve ever seen,” and add: “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.”

Mr. Kaba has received significant recognition for his tenacious advocacy on behalf of his clients. Among others, he is ranked as an Up and Coming Star by Chambers, four times selected as one of California’s “Top 100 Lawyers” by the Daily Journal, “Top Litigators and Trial Lawyers” and “Top Minority Attorneys” by the Los Angeles Business Journal, and is recognized by numerous other publications, including the Legal 500. Mr. Kaba has also been praised for his high-profile work given his young age, appearing on the nationwide list of Benchmark Litigation’s “Top 40 & under Hot List” for six consecutive years and the Daily Journal’s coveted list of “Top 40 Under 40.”

In addition to his litigation practice, Mr. Kaba dedicates considerable time to pro bono work focusing on access to justice and social issues. He recently 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, which was featured in the popular Netflix show Orange is the New Black. (See media highlights here). He also 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 also 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

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).

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).

Successfully 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. (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).

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Won verdicts on misappropriation of trade secrets and breach of contract claims for T-Mobile, as trial counsel, 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.

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.

Appellate

Obtained a unanimous opinion at the U.S. Circuit Court of Appeals for the Ninth Circuit for the Internet Movie Database (IMDb.com) in an anti-SLAPP victory for. 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 immunity and cannot be held liable for the acts of its users. (See “Grindr defeats appeal over harassment on gay dating app,” Reuters).

Won an appeal at 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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Won an appeal at 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 Delaware and California alleging both trade secret theft and intentional interference with economic advantage.

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.

Representing Amazon.com, Inc. in two patent lawsuits pending in the Northern District of California and the Western District of Texas.

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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.

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

Representing PricewaterhouseCoopers in employment action alleging violations of Sarbanes-Oxley, whistleblower retaliation, defamation, and breach of contract.

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, 2020)
  • Top 100 Lawyers in California, Daily Journal (2017, 2018, 2019, 2020)
  • Minority Leaders of Influence: Attorneys, Los Angeles Business Journal (2019, 2020, 2021)
  • 40 & Under Hot List, Benchmark Litigation (2015-2020)
  • Leaders of Influence: Top Litigators & Trial Lawyers, Los Angeles Business Journal (2019, 2020)
  • Recommended Lawyer for General Commercial Disputes, Legal 500 (2020)
  • Top 40 Under 40, Daily Journal (2017)
  • Litigation Star, Benchmark Litigation (2019, 2020, 2021)
  • 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

Board Member and Secretary, Social Justice Legal Foundation

Former Secretary to the Board of Directors, Equality California