Edward C. Walton, Partner Practice Areas Litigation Corporate and Commercial Litigation Intellectual Property Litigation Corporate and Securities Aviation Energy and Environment Admissions California Direct Phone Direct Fax Email 619.515.3222 619.744.5422 ed.walton@procopio.com Professional Summary Ed 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. Ed 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, environmental, property, insurance coverage, insurance bad faith, unfair competition, employment, professional liability, technology and software, personal injury, product liability, admiralty and maritime, and appellate advocacy. Ed 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 US Ninth Circuit Court of Appeals and the US Supreme Court. Prior to joining Procopio, Ed was for many years the principal of Walton & Associates in San Diego. Representative Matters Represented local municipality in defense of multi-party CERCLA action based on alleged contamination of private lake over many years. Recovered substantial overpayments for Fortune 1000 Company in New York City binding arbitration before American Arbitration Association arising from respondent’s breach of contract to supply product for canning. Defended national brand employer in defense of personal injury claims based on alleged asbestos exposure in multiparty consolidated actions. 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. Procopio, Cory, Hargreaves & Savitch LLP Representative Matters (continued) Represented reconditioned aircraft parts distributor in claims against and by licensed parts repair house for alleged misrepresentation and breach of contract to a very favorable settlement. Represented manufacturer/distributor of food product in State of California unfair competition claim based on alleged misrepresentation of product under FDA rules. Defended software developer/marketer sued for alleged patent infringement, ending in nuisance value settlement. Obtained substantial money judgment, 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. Represented vessel owners in many separate jury trials in state and federal court in San Diego and Los Angeles on Jones Act claims for personal injuries where the plaintiffs sought substantial damages, with several of the cases resulting in defense verdicts. Defended former principals of architect firm in copyright infringement, trade secrets theft, and unfair competition claims brought by their former partners. Represented apparel brand in federal trademark enforcement action. Obtained defense verdict in 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 millions of dollars of damages. Held plaintiff personal injury claimant to a less-than-offered damages verdict in a three-week jury trial in Los Angeles federal court where defendant client had admitted liability. Obtained defense verdict and recovery of all 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 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. Procopio, Cory, Hargreaves & Savitch LLP Education, Distinctions & Community Involvement Education JD, USC Gould School of Law, 1977 (Southern California Law Review Executive Editor of Topics 1976-1977) BA (Economics), Harvard University, magna cum laude, 1973 Distinctions Martindale-Hubbell® AV Preeminent Rating Southern California’s Top Rated Lawyers – 2012-2015 The State Bar of California Board Certified Admiralty and Maritime Law Specialist Top Rated Lawyer in Securities Law – 2013 Community Involvement American Bar Association American Inns of Court – William L. Todd, Jr. Chapter Association of Business Trial Lawyers of San Diego Boys & Girls Clubs of Greater San Diego – Member, Board of Directors San Diego County Bar Association San Diego Habitat for Humanity – Board of Directors, Project Director for “blitz build” (1990) The Arc of San Diego – Board of Directors (since 1997), Chairman (2002-2009) The Maritime Law Association of the United States – Proctor in Admiralty News, Publications and Events News Coverage “Top Lawyers,” San Diego Magazine, 2013- 2015. “Procopio promotes San Diego attorney to partner,” Daily Journal, February 4, 2013. Sherwin, Doug. "Procopio Launches Aviation Practice Group," The Daily Transcript, April 11, 2012. Publications Co-author. “Are You FCPA Compliant?” March 10, 2014. Procopio, Cory, Hargreaves & Savitch LLP