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Advanced Deposition Techniques 2012

Author(s): David M. Balabanian, Kimo S. Peluso
Practice Area: Litigation
Published: Jan 2012
ISBN: 9781402417160
PLI Item #: 34481
CHB Spine #: H873

Kimo S. Peluso is a litigation partner in the New York office of Manatt, Phelps & Phillips, LLP.  Mr. Peluso's practice focuses on complex commercial litigation. He has extensive experience handing lawsuits arising from business and partnership disputes, government contracts, false advertising and unfair competition. Mr. Peluso is a regular lecturer on depositions and witness preparation. He has handled numerous trials and other hearings in state and federal courts and in arbitration, and has prepared witnesses for testimony in court, in administrative proceedings, and before the U.S. Congress. He holds a J.D. from Harvard Law School where he was the managing editor of the Harvard Law Review. Mr. Peluso served as a law clerk to the Honorable Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit.

David Balabanian co-chairs the firm's Securities and Financial Institutions Litigation Group. He is a litigator with more than 40 years of experience handling complex, high-stakes commercial litigation, including securities and antitrust cases and takeover litigation.

The 2008 edition of Chambers USA, America's Leading Lawyers for Business reported, "David Balabanian is a 'marvelous counselor' and 'impressive trial lawyer' who is well respected for his extensive experience and ability to 'appeal to judges as well as juries.'" David has also been listed in all editions of The Best Lawyers in America for over 10 years. In 2006, he was named as the "Litigation Attorney of the Year" by California Lawyer.

David has taught over 150 continuing legal education courses and written extensively on topics relating to law practice, particularly the management of large, complex cases. He was a member of the commission which authored the California Judicial Council's Deskbook on the Management of Complex Civil Litigation.

In addition to law practice, David has been active in professional and civic affairs, having served as president of the Bar Association of San Francisco, chairman of the California Conference of Delegates, lawyer delegate to the Ninth Circuit Judicial Conference and as a member of the Harvard Law School Visiting Committee. Currently he serves on the Boards of the Practising Law Institute and the San Francisco Opera.

David is known for his accessibility and rapid response and for his personal involvement in all matters entrusted to his care. He received his education at Harvard College, Oxford University and the Harvard Law School and is admitted to practice in California, New York and the District of Columbia, as well as before the U.S. Supreme Court and many federal District and Circuit Courts.

  • New Orleans Employees' Retirement Systems v. Washington Mutual - Representing former Washington Mutual affiliates, employees and officers in federal Securities Act actions in Washington state, alleging that the SEC filings for various WaMu mortgage backed securities contained misrepresentations about WaMu's loan underwriting and appraisal practices. The suits concerns securities with a total value of about $30 billion.
  • In re McKesson HBOC, Inc. Securities Litigation - Representing McKesson for a limited purpose in federal securities class action involving claims under Section 10(b), Section 14(a) and Section 20(a)
  • In re STEC Securities Litigation - Representing underwriters in securities class action alleging violations of Sections 11 and 15 of the '33 Act and Sections 10(b) and 20(a) of the '34 Act
  • PeopleSoft v. Oracle - Represented Oracle Corp. in the action brought by PeopleSoft Inc. to stave off Oracle's hostile acquisition
  • " Sierra National Insurance Co. v. Crédit Lyonnais - Represented the plaintiff in this action seeking over $2 billion on behalf of the runner-up bidder for the assets of Executive Life Insurance Co. against the winning bidders, whose bid violated federal and state banking and insurance laws
  • Reilly v. The Hearst Corp. - Successfully represented the purchaser in litigation involving the sale of the San Francisco Examiner
  • Chemical Bank v. S.C. Johnson Co. - Lead counsel for plaintiff in this jury trial resulting in payment of plaintiff's claim
  • Benchmark Litigation, local litigation star, California (2012)
  • Best Lawyers, San Francisco Antitrust Lawyer of the Year (2011)
  • Best Lawyers, leading lawyer in Antitrust Law, Bet-the-Company Litigation and Commercial Litigation (1993-2012)
  • Chambers USA, leading lawyer in General Commercial Litigation (California) (2008-2011)
  • Super Lawyers, Northern California (2004-2011)
  • PLC Dispute Resolution Handbook, featured as a leading dispute resolution lawyer (2009)
  • International Who's Who of Commercial Litigators, leading lawyer (2008)
  • California Lawyer, Litigation Attorney of the Year (2006)
  • Los Angeles Daily Journal and San Francisco Daily Journal, Top 100 leading California lawyer (2006) 

  • Admitted to practice in the District of Columbia, California and New York
  • Registered Foreign Lawyer in England and Wales
  • U.S. Supreme Court
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Southern District of New York
  • Harvard Law School, Bachelor of Laws, cum laude (1965)
  • University of Oxford, Bachelor of Philosophy (1962)
  • Harvard College, Bachelor of Arts, magna cum laude (1960)