Professional Summary
Mr. Walton is Senior Counsel and a member of the firm's Litigation Team. He has successfully conducted numerous jury and bench trials in California State and Federal courts, as well as arbitrations and mediations, and has argued before the California Federal and State Appellate Courts. Mr. Walton has substantial experience in litigation and negotiation, as well as providing general advice in fields such as corporate, partnership, civil fraud, real estate, general commercial, creditors' remedies, construction, property, insurance coverage, insurance bad faith, unfair competition, employment, professional liability, technology and software, personal injury, product liability and appellate advocacy. He also has a specialty practice in admiralty, handling a variety of maritime claims and matters arising from personal injury, property damage, collision, allision, cargo subrogation, inland marine, salvage, maritime contracts, charters, limitation, maritime liens and ship mortgages.
Prior to joining Procopio, Mr. Walton was for many years the principal of Walton & Associates in San Diego.
Representative Matters
· Recovered approximately $2 million in overpayments for Fortune 1000 Company in one-week New York City binding arbitration before American Arbitration Association arising from respondent's breach of contract to supply product for canning.
· Obtained federal judgment including permanent injunctive relief and monetary sanctions on behalf of supplement company against television "infomercial" producers engaged in trademark and trade dress infringement and other acts of unfair competition.
· Litigated "quiet title" action in San Diego Superior Court on behalf of commercial building owner whose tenant breached the lease and then held over by refusing to remove millions of dollars in improvements in the building, and claimed client's removal would result in tens of millions of dollars in damages. After prevailing in several hearings, negotiated the removal of the improvements at the cost of the judgment-proof holdover tenant's investors.
· Defended software developer sued for copyright infringement by alliance of software manufacturers.
· Obtained total money judgment of nearly $500,000, and declaratory judgment of liability for any future damages on behalf of local machinery company against defendant international conglomerate for its breaches of client's contract to purchase Pacific Rim machinery company from defendant. Continued to represent client buyer in defendant's appeal to the Fourth District Court of Appeals, where judgment for client in trial court was affirmed in all respects.
· Obtained defense verdict for tuna fishing boat owner in one-week jury trial in federal court in San Diego on Jones Act claim for personal injuries where the plaintiff sought over $1 million in damages.
· Defended employee of a music production company in Superior Court claim by former employer of trade secret theft and unfair competition.
· Represented apparel brand in federal trademark enforcement action.
· Obtained defense verdict in one-week civil jury trial in San Diego Superior Court for client alleged to have intentionally assaulted and brutally beaten the plaintiff, who claimed the beating resulted in substantial brain injury, a one-month coma, and a total of $2 million in damages.
· Held plaintiff to a $612,000 damages verdict in a three-week jury trial in Los Angeles federal court where defendant client had admitted liability, plaintiff sought $2 million in personal injury damages, and client had offered $600,000 to settle the case before trial.
· Obtained verdict of over $250,000 of un-insured damages in one-week San Diego Superior Court bench trial on behalf of boat owner whose yacht had burned while in defendant's boat yard undergoing repairs.
· Obtained defense verdict and recovery of over $500,000 in attorneys fees in four-month bench trial in Los Angeles Superior Court on behalf of clients who were partners sued by their former partners in a retail electronics business for rescission based on fraud of the agreement whereby clients had sold their partnership interests to the plaintiff former partners, and for compensatory damages of several million dollars.
· Obtained defense verdict on behalf of seller's real estate broker in three-week jury trial in San Diego Superior Court where plaintiff contended that client broker had negligently misrepresented the square footage of the luxury single family residence sold in the transaction at issue, and sought $650,000 in damages.
· Obtained judgment of over $200,000 on behalf of recreational vehicle retailer against the operator of Qualcomm Stadium in one-week jury trial in San Diego Superior Court for damages arising from flooding of vehicles while parked at the Stadium during parking lot sale.
· Represented tuna fishing boat owners in lawsuits, and in jury and bench trials, defending federal and state court Jones Act/Unseaworthiness claims brought by injured fishermen working on the clients' boats.
Education, Distinctions & Community Involvement
Mr. Walton completed his undergraduate education at Harvard University, graduating magna cum laude in 1973 with a B.A. in economics. He received his law degree in 1977 from the University of Southern California Law Center, where he was Executive Editor of Topics of the Southern California Law Review (1976-1977).
Mr. Walton is admitted to practice in all California State trial and appellate courts, including the Supreme Court of the State of California, as well as all Federal District trial courts sitting in California, the U.S. Ninth Circuit Court of Appeals and the U.S. Supreme Court. Mr. Walton has consistently received an "A.V." peer rating through Martindale-Hubbell. Mr. Walton is a Proctor in Admiralty with the Maritime Law Association, and is a member of the American Bar Association, San Diego Bar Association, Association of Business Trial Lawyers, and the William Todd Inn of Court.
Mr. Walton is a past president of the San Diego Habitat for Humanity board of directors, and was Project Director for the "blitz build" of seven homes during the 1990 Jimmy Carter Work Project in San Diego. Mr. Walton has been a member of the Board of Directors of the Arc of San Diego Foundation (the Arc is an organization which assists our fellow citizens with developmental disabilities) since 1997, and served as its Chairman from 2002 through 2009.
News, Publications & Events
Recent News Coverages
· Frisch, Randy. "The Business of Law," San Diego Business Journal, May 21, 2012.
· Sherwin, Doug. "Procopio Launches Aviation Practice Group," The Daily Transcript, April 11, 2012.
· Sherwin, Doug. "Procopio Launches Aviation Practice Group," The Daily Transcript, April 10, 2012.
· "Procopio Launches Aviation Practice Group," Procopio Press Release, April 5, 2012.
· Sherwin, Doug. "Procopio adds Ed Walton as Senior Counsel," The Daily Transcript, July 26, 2011.
Recent Seminars and Speeches
Mr. Walton has presented to various insurers in London regarding the Medicare Secondary Payer Statute and Mandatory Insurer Reporting Law (42 United States Code, section 1395y(b))in the context of personal injury litigation in the United States.
(Resident, San Diego Office)