Ellyn S. Garofalo

Partner
Ellyn Garofalo is an experienced trial attorney who focuses on defending and prosecuting complex civil matters, primarily involving healthcare, professional negligence, real estate, and shareholder and partnership disputes. Ellyn's practice also involves a wide range of criminal and regulatory work, including defending individuals and corporations in matters related to healthcare fraud, medical licensing issues, insurance fraud, and bank fraud. She regularly represents and advises clients on Fifth Amendment issues implicated in parallel civil, criminal, and regulatory proceedings.

Experience

Representative Matters

  • Obtained a $32 million judgment for cyber theft by a former officer of a digital Internet advertising company (WebSpectator v. Parreira)
  • Served as lead counsel in a corporate governance dispute in Delaware Chancery Court (Mora v. Batkin)
  • Served as lead counsel in a real estate dispute involving a mixed-use development in downtown Los Angeles (Los Angeles Wholesale Produce Market v. Atlas Capital Group, et al.
  • Served as lead counsel for multiple defendants in a $100 million partnership dispute arising from the acquisition of wellness resort Glen Ivy Hot Springs (Wickline v. GOCO Hospitality Global Opportunity)
  • Served as lead counsel for plaintiffs in a professional negligence action against a business manager (Bugliari v. Hellie Hoffer)
  • Served as lead counsel in a real estate dispute where a neighbor was convicted of criminal contempt for violating an easement agreement (Wineberg v. Perelmutter)
  • Served as lead counsel for the defendant in an action involving $12 million in commercial loan guarantees (Farmers & Merchants Bank v. Ukleja)
  • Served as lead counsel for defendants in a professional negligence action (Grau v. Liner)
  • Served as lead counsel for the defendant in an accounting malpractice case involving the production of reality television shows for a media company (LMNO Cable v. Ikegami & Co.)
  • Served as lead counsel in a legal malpractice claim against a national law firm, arising from a dispute over a complex web of family trusts (Karsin v. Sheppard Mullin)
  • Served as lead counsel in a legal malpractice claim involving the misappropriation of client funds (Donley v. Misho)
  • Served as lead counsel for defendants in an action arising from a highly publicized fatal accident on a Starline double-decker party bus (Zisette v. Starline)
  • Served as lead counsel in a high-profile civil action arising from a dispute between the founders of Aletheia Asset Management, a successful asset management firm (Peikin v. Aletheia Asset Management)
  • Served as lead counsel in a lease dispute between a grocery chain and a landlord (Bodega Latina v. Lakeview)
  • Served as lead counsel for the plaintiffs in a legal malpractice action stemming from a law firm's conflicted representation of members of a real estate fund of funds, formed by the plaintiffs and a CEO of a real estate company (SAW-AVP Partners, LLC v. Pircher, Nichols & Meeks)
  • Served as lead counsel for defendants in a shareholder dispute involving an Internet startup (Haden v. Audience Delivered, LLC.)
  • Served as lead counsel for the plaintiff in litigation against the Sillerman Companies and an investment banking company, arising from the sale of a celebrity's estate (Global Icons v. Bear Stearns & Co.)
  • Served as lead counsel for the defendant in a fraud case arising from the collapse of an entertainment payroll giant; Goldentree dismissed the case after the defendant demurred (Goldentree Asset Management v. Garber)
  • Served as lead counsel for the defendant in an adversary proceeding brought by the trustee for the debtor, an entertainment payroll giant (Ehrenberg v. Visconti)
  • Served as lead counsel in a $100 million dispute arising from the sale of two consumer reporting agency company Internet subsidiaries (Experian v. Ybrant Digital)
  • Served as lead counsel for the former chief financial officer of a publicly traded jewelry company, against a U.S. $11 million claim by a lender (New Stream Secure Capital, LLC v. Rankin)
  • Served as lead counsel for the defendant, a broker-dealer, in an action for breach of fiduciary duty and fraud (Corona Corporation v. Global Capital Partners, LLC)
  • Served as lead counsel for Daiwa Securities regarding broker-dealer litigation arising from the Orange County bankruptcy Notable Criminal Matters (Orange County v. Daiwa Securities, et al.)
  • Defended Sandeep Kapoor, M.D., the defendant in a high-profile trial involving allegations of over-prescribing pain medications to Anna Nicole Smith; after a three-month trial, Dr. Kapoor was acquitted on all six felony counts (People v. Kapoor)
  • Defended a lawyer in a 75-count indictment charging conspiracy to commit insurance fraud, money laundering, tax fraud, insurance fraud, and aggravated mayhem, regarding an allegedly massive worker's compensation insurance fraud scheme (People v. Arnold)
  • Served as lead counsel for the defendant in a criminal action regarding worker's compensation premium fraud (People v. Roozbeh)
  • Represented the clinic in the government’s criminal investigation of alleged over-prescribing of opiates. The matter was dropped without criminal charges being filed (United States v. Lifetree Pain Clinic)
  • Represented the defendant in the first federal case involving an indictment for mortgage bailout/ foreclosure fraud (United States v. Kideys)
  • Served as lead counsel in a tax fraud prosecution arising from the collapse of an entertainment payroll giant, Axium (United States v. Garber)
  • Served as lead counsel in a criminal securities fraud action arising from activities with a Los Angeles discount broker, connected to the collapse of a brokerage. The case was resolved after a seven-year investigation by the Office of the United States Attorney and the Securities Exchange Commission (SEC) (United States v. Kott)
  • Served as lead counsel in a criminal matter involving a hit-and-run that garnered significant media coverage; the matter ultimately was resolved with a probationary sentence (People v. Goldman)
  • Served as lead counsel in a money-laundering action against a bank owned by the Venezuelan government; the U.S. government abandoned the matter on the eve of trial (United States v. Banco Venezuela)

Insights

Credentials
+

Education

  • J.D. cum laude Pepperdine University School of Law 1991
  • B.A. Brooklyn College, CUNY 1973

Bar Admissions

  • California

Professional Memberships and Activities

  • Member, board of directors, Federal Bar Association, Los Angeles Chapter 
  • Member, board of directors, Los Angeles Business Council 
  • Member, book publishing board, American Bar Association, Criminal Justice Section

Recognition
+

  • Listed in Southern California Super Lawyers, 2006 - 2019
  • Named among Southern California Super Lawyers, Top 50 Women, 2009 - 2010, 2013, 2015 - 2018
  • Named among Top 75 Women Litigators, Los Angeles Daily Journal, 2011
  • Recognized as Attorney of the Year, The Recorder, 2011

Community
+

Volunteerism

  • Member, board of directors and advisory council Juvenile Diabetes Research Foundation