Kevin Calia

o: 916.547.4175

kevin@illovskygates.com

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Kevin Calia has been recognized as a “rising star” of California’s legal community for his deep experience handling a wide range of complex litigation matters at every stage of the trial process.  He represents executives, businesses, individuals, and senior government officials at trial and on appeal.  Skilled in dealing with crisis situations, Kevin advises managers and directors of Fortune 500 companies, startups, and small businesses facing simultaneous threats from litigation opponents, enforcement authorities, and regulators. 

Kevin’s appellate work won him “Lawyer of Year” accolades from the California Lawyer.

In his civil litigation practice, Kevin represents clients in the most complex matters facing their businesses.  He has defended clients in multi-district litigation proceedings and against parallel class actions in state and federal courts.  He has worked with dozens of expert witnesses to simplify complex data and analyses for judges and juries.  He has extensive expertise in pretrial motion practice, winning dismissals in multiple cases, and strategically prepares those cases that survive dismissal for trial and possible appeals.  His appellate work won him “Lawyer of Year” accolades from the California Lawyer. 

Kevin has worked with dozens of expert witnesses to simplify complex data.

Kevin regularly protects the interests of senior executives and corporate directors during internal corporate investigations and in responding to outside regulators, including the SEC, FINRA, and the FTC.  He has guided clients through the process of responding to civil investigative demands, Wells notices, and subpoenas. Before becoming a partner with Illovsky Gates & Calia LLP, Kevin ran his own law office.  From 2015 to 2017, Kevin served as a Deputy Attorney General for the State of California where he defended the Governor, Attorney General, Secretary of State, and other officials and executive departments in litigation matters involving constitutional law, elections, and government operations.  Kevin started his legal career in the major international law firm Morrison & Foerster, where he defended executives and businesses operating in a wide range of industries, including finance, technology, healthcare, food products, and energy.

Product Liability and Unfair Competition

  • In re JUUL Labs, Inc. Marketing, Sales Practices, and Products Liability Litigation: Defended co-founder of JUUL Labs in multi-district litigation proceedings and related JCCP pending in state court. Obtained settlements that substantially narrowed outstanding claims and included releases of claims against co-founder.
  • State of North Carolina ex rel Stein v. Bowen: Defended co-founder of JUUL Labs in proceedings brought by the Attorney General of North Carolina. Obtained dismissal.
  • CERT v. Starbucks Coffee: Trial counsel for coffee manufacturers in proceedings seeking to require Proposition 65 warnings on packaged coffee products. A new regulation confirmed that warnings are not required on coffee products and the coffee manufacturers prevailed on appeal.
  • In re Fruit Juice Products Marketing & Sales Practices Litigation: Defended multiple manufacturers of fruit juice products in nationwide class actions. Consolidated proceedings into multi-district litigation proceedings and obtained dismissal.

Corporate Governance and Securities Defense

  • Klein v. Altria: Defended co-founder of JUUL Labs in securities class action related to transaction with Altria. Obtained settlement that included releases of claims against co-founder.
  • Sandys v. Pincus: Defended officers and directors of app developer in derivative litigation in the Delaware Court of Chancery. Obtained dismissal that was later reversed in the Delaware Supreme Court.
  • In re Zynga Inc. Securities Litigation: Defended app developer and officers and directors in securities class action and related litigation. Case settled after several rounds of motions to dismiss.
  • Maritime Asset Management, LLC v. NeurogesX, Inc.: Defended biopharmaceutical company and its officers and directors in a securities class action related to a private placement. Obtained dismissal of complaint. Case settled after dismissal order.
  • In re Charles Schwab Corp. Securities Litigation: Defended mutual fund company and its officers and directors in securities class action and related proceedings related to mutual fund’s investments in mortgage-backed securities. Case settled weeks before scheduled trial.
  • Himmel, derivatively on behalf of McKesson Corporation, v. Hammergren: Defended directors of McKesson in derivative litigation asserting Caremark claims related to drug pricing. Won dismissal of all claims.
  • In re: Level 3 Communications, Inc Securities Litigation: Defended telecommunications company and its officers and directors in securities class action. Dismissal of action affirmed on appeal by Tenth Circuit.

     Internal and Regulatory Investigations

  • Confidential Investigation of Revenue Projections: Investigated allegations regarding revenue projections for a public company involved in cutting-edge process for manufacturing electronic device components and reported findings to board, audit committee, and SEC.
  • Confidential Investigation of Revenue Projections: Investigated allegations regarding revenue projections for an innovative pre-IPO technology company and reported findings to board and external auditors.
  • SEC Enforcement Proceedings Regarding Alleged Insider Trading: Represented executive in administrative enforcement proceedings alleging insider trading in connection with a merger. Obtained settlement.
  • Internal Investigation of Anti-Money Laundering Compliance: Represented board of international bank in internal investigation of anti-money laundering compliance procedures.

Antitrust

  • In re TFT-LCD Flat Panel Antitrust Litigation: Defended LCD panel manufacturer in opt-out litigation brought by large retailers following class action settlement. Obtained numerous settlements.
  • UFCW & Employers Benefit Trust v. Sutter Health: Defended health care company in antirust class action and related proceedings brought by the California Attorney General regarding contracting practices for healthcare services. Case settled weeks before scheduled trial.
  • In re McKesson Government Entities Average Wholesale Price Litigation: Defended healthcare company in antitrust litigation related to drug pricing.
  • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation: Defended major bank in antitrust litigation related to interchange fees on card transactions.

     Public Policy Litigation

  • Southwest Voter Registration & Education Project v. City of Cypress: Defended charter city in California Voting Rights Act case regarding city council elections.
  • Yumori-Kaku v. City of Santa Clara: Trial counsel for charter city in California Voting Rights Act case regarding city council elections. Argued appeal in Sixth District Court of Appeals.
  • Newsom v. Weber: Represented California Secretary of State in widely publicized writ proceedings regarding whether Governor Newsom’s party preference would appear on California recall ballot.
  • Heatlie v. Padilla: Represented California Secretary of State in writ proceedings regarding whether the time for collecting signatures for a gubernatorial recall effort should be extended due to COVID 19.
  • Americans for Prosperity Foundation v. Harris: Trial counsel in two First Amendment trials representing the California Attorney General in cases that eventually went to the United States Supreme Court.
  • Koller v. Harris: Defended California Governor, Attorney General, and Secretary of State in challenges to California’s Electoral College procedures. Obtained order denying temporary retraining order and later dismissal of the action.
  • Cushman v. Shinseki: Argued appeal in the Federal Circuit and achieved a landmark ruling expanding protections for veterans seeking disability benefits.

Stanford Law School (J.D., 2003)

University of California, Davis, (B.A., 2000)

Law Clerk to Chief Judge Mary M. Schroeder
U.S. Court of Appeals for the Ninth Circuit, 2003-2004

California Department of Justice, Deputy Attorney General (2015-17)

Morrison & Foerster, Partner (2013-15)

Morrison & Foerster, Associate (2004-12)

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