Paul F.Rafferty

Of Counsel

Irvine + 1.949.553.7588

Paul Rafferty is a business trial lawyer with 30 years' experience defending corporations and boards nationally and internationally from significant fiduciary duty, intellectual property, trade secrets, M&A fall-out, and products and contract lawsuits, with particular emphasis on class action defense. He also offers guidance on federal/state regulations and policy in the United States governing testing and deployment of autonomous vehicles and is a recognized leading lawyer in California on artificial intelligence. He has collaborated for decades on a variety of corporate debacles and focuses on resolving/managing difficult or emerging legal issues before they ripen into litigation.

As lead counsel, Paul has tried to conclusion civil matters to bench and jury. His last four-month trial resulted in a complete defense judgment and $2 million attorney fees award. Paul's defense of class actions is unparalleled, all of which have ended favorably by summary judgment (Chevron), denial of class certification (Irvine Company and Pro Courier), abandonment (BYU), 12(b) motion (Athletic Conference), or on appeal (Acer/Gateway). He has successfully arbitrated significant matters in the United States, South America, and Europe.

Paul has published on terminating strategies in federal court (Daily Journal, February 17, 2017) and repeatedly on autonomous vehicles (See Jones Day Commentary and Alerts; Metropolitan Corporate Counsel, June 2017; Emirates Law, United Arab Emirates, October 2017) and has been consulted on this topic by Reuters News and the ABA Journal. He is an adjunct professor at Pepperdine's Caruso School of Law where he teaches a course on negotiations.

Paul has authored and published two books, The Trophy Hunted and The Trophy Hunted Redemption.

Experience

  • Universities defend multidistrict putative class action litigation brought by former football playersJones Day is serving as lead counsel for all NCAA member institution defendants in a multidistrict litigation ("MDL") consolidating more than 500 putative class actions brought on behalf of former football players.
  • Transportation network company reviews contractsJones Day is providing legal advice to a transportation network company in connection with its contracts.
  • Irvine Company and ProCourier defeat different class actionsJones Day successfully defended Irvine Company and ProCourier Inc. against different class action lawsuits, ultimately defeating motions for class certification brought in both matters.
  • Chevron dismisses California class action seeking substantial penalties for gas pump transactions and has it affirmed on appealJones Day put an end to a large California class action filed against Chevron and other major oil companies seeking huge statutory penalties for alleged misuse of ZIP code information in association with credit card transactions following the California Supreme Court’s holding in Pineda v. Williams-Sonoma (2011) 51 Cal.4th 524.
  • Directors defeat different breach of fiduciary duty lawsuits following four-month trial and on summary judgmentSpanning almost five months and 40 trial days, Jones Day successfully defended its client, a corporate director, in a breach of fiduciary duty lawsuit, winning in addition over $2 million in fees and costs.
  • Gateway enforces U.S. Supreme Court precedent in CaliforniaJones Day represented Gateway, Inc. successfully in multiple applications of the United States Supreme Court's 2011 holding AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), ultimately derailing numerous national class action lawsuits and in continuing defense before the Ninth Circuit Court of Appeals.
  • Republican candidate for Governor obtains dismissal of fraud claimsJones Day achieved the successful dismissal of fraud claims filed against a Republican candidate for Governor in conjunction with a national class action that threatened his candidacy as a result of opponent's aggressive use thereof against him in the election.
  • Globe stamps out trade secrets theft and sets record for restitution in criminal courtJones Day represented Globe International Ltd., and its subsidiary in multiple lawsuits to address theft of trade secrets and technology by past executives of the company, ultimately perfecting a related criminal investigation which led to the entry within the Los Angeles Superior Court, the Honorable Keith L. Schwartz presiding, of the largest award of restitution ever granted.
  • Speaking Engagements

    • November 22, 2019
      Global Dispute Resolution Conference, Panelist, Commercial Arbitration, Prince Mohammad Bin Fahd University, Sadia Arabia, in association with Straus Institute.
    • May 16, 2019
      Keynote Speaker, Straus/Pepperdine Law School, Masters in Dispute Resolution and Certificate
    • May 9, 2019
      A Litigators' View of Mediation-Arbitration Conversion, Featured Panelist, Straus Institute For Dispute Resolution
    • January 16, 2019
      Ethical Considerations Pertaining to Autonomous Vehicles, Featured Speaker, CLE Presentation for In-House Counsel/Silicon Valley
    • November 14, 2018
      Compelling Business Concerns Facing Industry Once AI Takes the Wheel, The Hague, Netherlands, Featured Speaker, DUJAT.
    • November 8, 2018
      Autonomous Vehicle and Artificial Intelligence Liability Issues Confronting Mediators and Arbitrators, Featured Speaker, Inn of Court, Straus Institute.
    • September 25, 2018
      Strategic Considerations Needed to Maximize A Client’s outcome in mediation and arbitration, Lecturer, Pepperdine Law School, "Advance Methods of Negotiation," Professor Stephen Lepley.
    • June 6, 2018
      Advanced Teaching Methods to Address Cultural Differences in the Handling of Complex Arbitration and Mediation Work, Featured Panelist, Straus Institute for Dispute Resolution
    • February 8, 2018
      Substantive and Non-Substantive Lying in Mediation, Featured Panelist with Hon. Andrew Guilford, Inn of Court, CLE Presentation for mediators, arbitrators and retired judges
    • January 23, 2018
      Ethical Considerations Pertaining to Autonomous Vehicles, Featured Speaker, CLE Presentation for In-House Counsel



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