Paul B. Derby

Mr. Derby specializes in the litigation of complex commercial matters, with an emphasis on real estate and commercial fraud. Mr. Derby also has a broad range of experience in other aspects of complex business litigation, having handled claims in the areas of antitrust, appraisal, bankruptcy, entertainment, insurance, professional negligence, product liability, patent and trademark, dissolution and accounting, and numerous contract and tort matters.

Examples of Mr. Derby’s representations include:

• Represented dissenting shareholders in a statutory appraisal proceeding in Delaware Chancery Court, resulting in a successful verdict. See Crescent/Mach I P’ship, L.P. v. Turner, 2007 Del. Ch. LEXIS 63 ( Del. Ch. May 2, 2007).

• Successfully arbitrated claims related to the dissolution of a wind energy partnership, accounting for the partnership’s assets, and fraud. All claims were adjudicated in favor of Mr. Derby’s clients.

• Represented Maguire Properties against certain breach of lease claims. See Quick Loan Funding, Inc. v. Maguire Properties – 3121 Michelson LLC, 2006 Cal. App. LEXIS 5400 (2006). This dispute was favorably settled on confidential terms.

• Represented a prominent inventor against a variety of contract and employment related claims. The former employee-contract partner’s claims, which totaled many millions of dollars, were settled for pennies on the dollar.

• Represented an Oregon non-for-profit against wrongful termination and other employment related claims. All claims were dismissed on summary judgment.

• Member of the team of attorneys at HBD representing Maguire Properties in a breach of contract dispute related to the purchase of certain parcels of undeveloped land in Los Angeles. This dispute was favorably settled on confidential terms.

• Member of the team of attorneys at HBD representing Rabobank, the third largest Dutch bank, in a $500 million fraud action against the largest Canadian bank related to the sale of certain Enron-related securities.

• Member of a team of attorneys representing a major motion picture studio against hundreds of millions of dollars in royalties claims.

• Represented a major insurance company in connection with fraud claims by the California Insurance Commissioner. See Low v. Altus Fin. S.A., 136 F. Supp. 2d 1113 (C.D. Cal. 2001).

Prior to joining HBD, Mr. Derby was an associate at O’Melveny & Myers LLP.

News

• HBD Names Three Partners

Seminars

During law school, Mr. Derby was both a lecturer at the Annenberg School for Communication at the University of Southern California, and an instructor at the Harvard-Westlake School.

Professional Affiliations

• The State Bar of California
• Judicial Extern for Hon. Alex Kozinski, United States Court of Appeals for the Ninth Circuit
• American Bar Association Section of Litigation
• Los Angeles County Bar Association
• Voluntary Settlement Conference Officer, Los Angeles Superior Court
• Membership Chair, Real Estate Committee, American Bar Association Section on Litigation