Professional Experience
Kristin Escalante is a partner in the Litigation Division in the Los Angeles office. She represents clients in state and federal courts in complex commercial disputes, including consumer class action, civil fraud, copyright, trade secret, false advertising and complex contract disputes. Her client list includes major corporations in a variety of industries, including the aerospace, entertainment, energy, and securities industries.
Ms. Escalante's recent experience includes the representation of:
· A major telecommunications company in a nationwide class action in the Southern District of New York arising out of the Federal Communications Act. Obtained summary judgment against one of the named plaintiffs, and successfully opposed class certification.
· A major beverage manufacturer in a class action in the Central District of California involving allegedly false representations on a beverage label. Developed a litigation strategy that led to an early settlement of all claims on a nationwide basis.
· A television talk show host in a class action in Los Angeles Superior Court regarding the efficacy of weight management supplements. Obtained a very favorable settlement on creative terms during the pre-certification phase.
· A home security firm in a nationwide class action involving allegedly deceptive practices in the sale and marketing of home security systems. Successfully opposed class certification, and while the case was on appeal, settled the action on terms that resulted in a net benefit to client.
· A major beverage manufacturer in a Lanham Act case involving complex issues of first impression regarding the intersection of the Lanham Act and Federal Drug and Cosmetics Act. Developed legal theories that eventually led to the dismissal of the case.
· A major motion picture studio in a copyright action arising out of a major studio release. After the filing of a summary judgment motion, the case settled on favorable terms.
· A major aerospace manufacturer in a trade secret case involving cargo rollers used in several of the company's aircraft lines. Settled the case on the eve of trial after prevailing on key motions in limine.
· A bank in a trade secret case arising out of the mass defection of loan officers from one bank to another. Obtained a favorable settlement after key rulings in an arbitration proceeding.
· A television network through the pretrial phase of an action involving the alleged material breach of a 25-year, billion-dollar agreement for the supply of programming. Developed key factual and legal theories, and drafted key pretrial filings.
· A major aerospace company, as part of a large litigation team, in a billion-dollar purchase price adjustment dispute arising out of the acquisition of a satellite company. Developed key factual, legal, and accounting theories that contributed to the successful resolution of the matter.
Memberships & Activities
Admitted to practice in California
Advisory Committee Member, California Judicial Council, Civil and Small Claims
Executive Committee Member, Los Angeles County Bar Association, Litigation Section and Judicial Election Evaluation Committee
Temporary Judge, Los Angeles Superior Court
Law Clerk, the Honorable Diarmuid O'Scannlain, U.S. Court of Appeals for the Ninth Circuit (1992-1993 term)