John Baker
PEOPLE

John Baker

Partner
baker.john@dorsey.com

Overview

DESPITE THE UNCERTAINTY OF LITIGATION, JOHN HAS CONSISTENTLY ACHIEVED HIS CLIENTS’ GOALS THROUGH DISPOSITIVE MOTIONS, ADVANTAGEOUS SETTLEMENTS OR TRIALS FOR MORE THAN 25 YEARS.
John’s clients seek his advice and representation in class action litigation, and disputes stemming from contracts, commercial relationships, misappropriation of trade secrets, unfair competition, business torts and employment relationships. John is admired by his clients for his strategic and analytical approach to solving their problems, and the calmness and efficiency in which he handles complex disputes. His prior experience as a corporate securities lawyer and certified public accountant also provide valuable insights in analyzing business disputes, financial issues and damages. John is currently the head of Dorsey’s Southern California Trial Group.

Education & Admissions

University of Minnesota Law School (J.D., 1989), cum laude; Deans List every semester

Stockton University – New Jersey (B.S., Business/Accounting, 1982), Honorary Program Distinction

Admissions

  • California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California

Experience

Representative Litigation

  • Gray1 CPB v. Gulfstream Finance, Inc.: This litigation involved several different intertwined actions, and extensive discovery wars in the United States, Cayman Islands, Grand Bahamas and Ireland. In the original action, a vulture fund purchased debt owed by a large California based developer and obtained a judgment against him for approximately $9 million dollars, plus fees, costs and interest, which subsequently amounted to $13,000,000. When our client filed a judicial foreclosure action to foreclose on liens it had against properties owned by that same developer, the vulture fund sued to set aside those liens claiming they were fraudulent conveyances (“Fraudulent Conveyance Action”) in order to collect the judgment and its attorney fees. After several years of litigation, the Court granted our client’s motion for judgment on the pleadings and denied the judgment creditor’s motion for leave to file a second amended complaint, thereby resulting in judgment in favor of our client on the Fraudulent Conveyance Action. The judicial foreclosure action is still pending, but the Court has granted our client’s motion for summary judgment and collection efforts via a judicial closure are pending.
  • Kurtin v. Gulfstream Finance, Inc.: “Copycat” litigation making similar allegations as above Gray1 case in attempt by judgment creditor to set aside liens and collect judgment in excess of $25,000,000. Still pending.
  • EduMoz v. Republic of Mozambique: Defended Republic of Mozambique, former President Chissano and his charitable foundation against claims for breach of contract, fraud, unfair competition and negligence. Prevailed on motion to dismiss on behalf of Mozambique, and settled claims against remaining defendants for nuisance value.
  • Collins v. U.S. Bank: Defended U.S. Bank in class action lawsuit brought under California Business & Professions Code 17200, et seq., stemming from the purchase of forced hazard insurance. Prevailed on a motion to dismiss.
  • Martinez v. Onyx Acceptance Corp.: Defended Onyx against a class action lawsuit for alleged violation of the Automobile Sales Finance Act (automobile financing), malicious prosecution, conversion and other miscellaneous claims. After obtaining dismissal of the class action aspect of the case on a motion in limine, prevailed on all of the plaintiff’s individual claims after a seven day trial.
  • Tait Environmental v. Johnson, et al.: Prosecuted claims for misappropriation of trade secrets, breach of fiduciary, interference with economic advantage, among other claims, against former employees and a competitor. Obtained verdict for client in the amount of $1,500,000 after a jury trial.
  • Beach Emergency Medical Associates, et al. v. Memorial Healthcare, IPA: Represented Memorial Healthcare IPA in an arbitration against several affiliated emergency care providers to determine a reasonable contractual rate in accordance with the so-called Gould factors (28 California Code of Regulations § 1300.71.)
  • The Lease Outlet v. U.S. Bank: Defended U.S. Bank against claims filed by broker of automobile leases for alleged violations of California statutes, interference with contract, interference with economic advantage and unfair competition. Obtained summary judgment in favor of U.S. Bank on all claims.
  • Sweetman v. U.S. Bank: Defended U.S. Bank against class action lawsuit alleging violation of the Electronic Fund Transfer Act. Obtained dismissal of entire action.
  • Andry v. American Financial Network, Securities America Advisors, Inc., et al.: Defended Securities America Advisors, Inc. in a class action lawsuit alleging claims for fraud, negligence, breach of fiduciary duty, unfair competition and violation of securities laws stemming from financial advisory services. Settled.
  • Chauncey Sayre v. Thomas C.K. Yuen: Defended the managing agent of a biotech limited liability company against claims for fraud, breach of fiduciary duty and accounting. Prevailed on summary judgment and awarded $267,000 in attorney fees. 
  • In re Medical Capital Securities Litigation: Defended Ameriprise Financial against claims brought in class action lawsuit for indemnity and contribution. Obtained summary judgment.  
  • U.S. Bancorp Equipment Finance, Inc., et al. v. Richard J. Fischel, M.D., et al.: Defended U.S. Bancorp against claims for usury, violation of Business and Professions Code § 17200, conversion, constructive trust, rescission and declaratory relief claims and prosecuted breach of contract claim on behalf of U.S. Bancorp. Prevailed on all claims asserted against U.S. Bank by obtaining dismissal via a demurrer. Obtained cash payment on behalf of U.S. Bancorp for settlement of breach of contract claim asserted by client.
  • James Liu, et al. v. Ameriprise Financial Services, Inc.: Defended Ameriprise Financial, Inc. against claims for fraud, violation of the Racketeer Influenced and Corrupt Organizations Act, conversion, unjust enrichment and unfair business practices. After preparing motion to dismiss and sharing arguments with Plaintiff’s counsel, obtained dismissal of all claims asserted against Ameriprise.
  • Home Loan Center (“HLC”) v. Libutti, et al.: Filed suit on behalf of HLC against several former employees (loan officers) and their new employer for misappropriation of trade secrets and a variety of unfair competition claims. Obtained an Injunction on behalf of HLC against the employees. In addition, prevailed on SLAPP motion to strike cross-complaint and awarded $180,000 in attorney’s fees.
  • Hayes v. Lending Tree, Inc.: Defended LendingTree against disability discrimination, harassment, retaliation and California Family Rights Act claims. Obtained summary judgment in favor of Lending Tree on all claims.
  • Consortium Information Services v. Experian Information Solutions, Inc.: Defended Experian against claims for violation of Cartwright Act (antitrust statute), trade libel, interference with economic advantage and unfair competition. Prevailed on all claims through combination of motion for summary judgment and motion for judgment on the pleadings. After plaintiff appealed the order granting summary judgment, represented Experian in the appeal, where the appellate court affirmed our victory.

News & Resources

Additional Information

Employment Background
  • Partner, Dorsey & Whitney LLP, February 2003 to Present
  • Partner, Brobeck, Phleger & Harrison llp, January 2001 to February 2003
  • Associate, Brobeck, Phleger & Harrison llp, February 1992 to December 2000
  • Associate, Gibson, Dunn & Crutcher, Los Angeles, CA, October 1989 to February 1992
  • Summer Associate, Gibson Dunn & Crutcher, Los Angeles, CA, 1988
  • Summer Associate, Opperman & Paquin, Minneapolis, 1987
  • Prior to becoming an attorney, Mr. Baker was a Certified Public Accountant in the State of New Jersey

Industries & Practices

Securities & Financial Services Litigation & Enforcement
  • Antitrust & Competition Law
  • Banking & Financial Institutions
  • Blockchain & Digital Assets
  • Class Action Litigation
  • Commercial Litigation
  • Construction Litigation
  • ERISA Litigation
  • Food, Beverage & Agribusiness
  • Healthcare
  • Healthcare Litigation
  • Labor & Employment
  • Securities & Financial Services Litigation & Enforcement
  • Trusts & Estates Litigation

Professional & Civic

Professional Achievements

  • Orange County Bar Association - Commercial Litigation Section
  • Orange County Bar Association - Labor and Employment Section
  • Orange County Asian American Bar Association
John Baker