Ellyn S. Garofalo

Partner
Ellyn Garofalo
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)
  • Lead counsel in international litigation concerning the consignment and sale of fruit shipped from South America to The Netherlands (Fresh Results v. ASF Holland, B.V.)
  • Lead counsel in a corporate governance dispute in Delaware Chancery Court (Mora v. Batkin)
  • Lead trial lawyer in a real estate dispute involving RowDTLA, a mixed-use development in downtown Los Angeles (Los Angeles Wholesale Produce Market v. Atlas Capital Group, et al.)
  • Lead trial lawyer for multiple defendants in a $100 million partnership dispute arising from the acquisition of wellness resort Glen Ivy Hot Springs. Obtained a defense verdict after an eight-week jury trial (Wickline v. GOCO Hospitality Global Opportunity)
  • Lead trial lawyer for corporate defendants in four related "MeToo" actions arising from claims of sexual harassment and gender discrimination in the workplace
  • Lead counsel for celebrity plaintiff in a professional negligence action against an entertainment business manager (Bugliari v. Hellie Hoffer)
  • Lead  trial lawyer for celebrity plaintiff in a trial over a violation of an injunction enforcing an easement agreement. Obtained a criminal contempt conviction against the defendant property owner (Wineberg v. Perelmutter)
  • Lead counsel for the defendant in an action involving $12 million in commercial loan guarantees (Farmers & Merchants Bank v. Ukleja)
  • Lead counsel for defendants in a professional negligence action (Grau v. Liner)
  • 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.)
  • Lead trial lawyer 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)
  • Lead counsel in a legal malpractice claim involving the misappropriation of client funds (Donley v. Misho)
  • Lead counsel for defendants in an action arising from a highly publicized fatal accident on a Starline double-decker party bus (Zisette v. Starline)
  • 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)
  • Lead counsel in a lease dispute between a grocery chain and a landlord (Bodega Latina v. Lakeview)
  • 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)
  • Lead counsel for defendants in a shareholder dispute involving an Internet startup (Haden v. Audience Delivered, LLC)
  • 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.)
  • 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)
  • Lead counsel for the defendant in an adversary proceeding brought by the trustee for the debtor, an entertainment payroll giant (Ehrenberg v. Visconti)
  • Lead counsel in a $100 million dispute arising from the sale of two consumer reporting agency company Internet subsidiaries (Experian v. Ybrant Digital)
  • 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)
  • 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)
  • 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)
  • 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)
  • Lead counsel in a tax fraud prosecution arising from the collapse of an entertainment payroll giant, Axium (United States v. Garber)
  • 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)
  • 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)
  • 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
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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
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  • Super Lawyers
    • Southern California, 2006 – 2021
    • Top 50 Women, Southern California, 2009 – 2010, 2013, 2015 – 2018
  • Daily Journal, Top 75 Women Litigators, 2011
  • The Recorder, Attorney of the Year, 2011

Community
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Volunteerism

  • Member, Board of Directors and Advisory Council, Juvenile Diabetes Research Foundation