Linda D. Lam

Linda Lam is an associate in Gibson, Dunn & Crutcher's Orange County, California office and is a member of the firm's Litigation Department. She has also served as a member of the firm's national Associates Committee.

Ms. Lam has experience representing clients in state and federal courts across the country, and in arbitration and mediation. Her practice focuses on complex commercial litigation, including merger and acquisition litigation, white collar defense and investigations and significant contract disputes. She has represented clients in a variety of industries, including technology, pharmaceuticals, oil and gas, telecommunications, high-tech manufacturing and distribution, higher education, energy, insurance and real estate.

Ms. Lam received her law degree from Vanderbilt University School of Law, where she was Senior Managing Editor of the Vanderbilt Law Review. Ms. Lam earned a Bachelor of Arts degree in History from the University of California, Los Angeles.

Ms. Lam is admitted to practice in the State of California, the State of Arizona, and before all the United States District Courts of California and the Ninth Circuit Court of Appeals.

The following is a representative sample of Ms. Lam’s cases.

Merger & Acquisition Litigation

Allergan, Inc.: Defended Allergan, Inc. in litigation arising out of its acquisition of MAP Pharmaceuticals, Inc. Shareholders of MAP Pharmaceuticals challenged the transaction in both the Delaware Court of Chancery and the California Superior Court. Defeated plaintiffs’ attempts to obtain expedited proceedings in both Delaware and California to enjoin the merger vote. Afterwards, both the Delaware and California plaintiffs dismissed their complaints, with no settlements.
Intel Corporation and McAfee, Inc.: Defended Intel Corporation and McAfee, Inc. in litigation arising out of Intel’s acquisition of McAfee. Shareholders of McAfee challenged the transaction in both the Delaware Court of Chancery and the California Superior Court. Successfully resolved both actions — via summary judgment in the California action and voluntary dismissal of the Delaware action without settlement.
Diedrich Coffee, Inc.: Defended Diedrich and the members of its Board of Directors in litigation arising out of Diedrich’s sale to Green Mountain Coffee Roasters. Shareholders of Diedrich challenged the transaction on the grounds that the Board failed to secure an adequate price, conducted an auction process that would not result in maximizing shareholder value and failed to provide adequate disclosures with respect to the merger. Defeated motion for preliminary injunction and expedited discovery brought by the plaintiff.

Significant Contract Disputes

Supreme Foodservice GMBH v. Fluor Intercontinental, Inc.: Defended Fluor in litigation initiated by subcontractor arising out of U.S. war effort in Afghanistan where subcontractor sought upwards of $12 million on various breach of contract claims. Successfully eliminated more than $10 million of the claims via summary judgment and other pre-trial proceedings. Remaining claims were later voluntarily dismissed by Supreme without settlement.
BHGV, LLC v. Inamed, Inc. and Allergan, Inc.: Defendant Allergan and Inamed in dispute over technology license agreement, including the amount of royalties due (BHGV asserted $30 million was due and payable) and whether the agreement had been terminated. After a one-week arbitration, the arbitrator ruled in our clients’ favor, finding that the clients did have the right to terminate the agreement and that plaintiff was not entitled to $30 million in royalties.
Lewis Operating Co. v. Chino Valley Unified School District: Breach of contract case in which the plaintiff (represented by Ms. Lam) asserted that the defendant had breached a contract by refusing to open a school funded by plaintiff and which was intended to service plaintiff’s residential development. Following a two-week arbitration, the arbitrator ruled entirely in favor of plaintiff, granting all relief sought and awarding plaintiff 100% of the legal fees it incurred in connection with the action.
Allergan, Inc. v. Kaswan: Defended Allegan in lawsuit initiated by the inventor of eye care technology underlying a patent licensed to Allergan. The plaintiff-inventor sought up to $15 million in damages. Obtained dismissal of plaintiff’s claims, with prejudice, on summary judgment.

Real Estate

Bolour v. DRA Advisors, LLC: Defended DRA Advisors in dispute involving certain commercial properties owned by DRA Advisors. The plaintiff recorded a lis pendens over the properties in an effort to prevent DRA Advisors from completing a sale of the properties to a third party. Successfully expunged the lis pendens, which paved the way for the completion of the sale to the third party.
Cowboy and Company LLC v. Broadway Federal Bank: Dispute involving a commercial property in which our client, a third party, was a tenant with an option to purchase the property. The plaintiff in the action recorded a lis pendens over the property in an effort to prevent our client from purchasing it. Moved to intervene in the action and to expunge the lis pendens. Before the motion was heard, the plaintiff voluntarily withdrew the lis pendens, and our client completed the purchase of the property.

White Collar Crime

Confidential Corporation: Represented a major U.S. Bank targeted in a federal grand jury investigation into alleged money laundering and Bank Secrecy Act violations for failure to report suspicious transactions. Successfully negotiated a Deferred Prosecution Agreement with DOJ and simultaneously resolved all regulatory actions.
Confidential Corporation: Represented one of the country's largest publicly traded proprietary school companies in a nationwide federal criminal and SEC investigation alleging fraudulent student recruitment and financial aid practices. DOJ declined prosecution, and the SEC closed its investigation without action.

Ms. Lam is active in the local community and serves as a Board member of the Constitutional Rights Foundation. Ms. Lam has also served as a Volunteer Deputy District Attorney, where she prosecuted cases for the Orange County District Attorney's office.

Good to know

Areas of Practice 1) Class Actions, 2) Electronic Discovery and Information Law, 3) Securities Litigation and 4) White Collar Defense and Investigations
Law School Vanderbilt University Law School, J.D., 2003
Education University of California, Los Angeles, B.A., 2000
Bar Member / Association California State Bar Association
Most recent firm Gibson, Dunn & Crutcher LLP
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