Segal, Richard | ADR Services, Inc.

Profile
Representative cases

Profile

Richard M. Segal, Esq., a distinguished and seasoned litigator, joined ADR Services, Inc. in 2023 to help litigants efficiently and effectively resolve disputes. With his expertise in business litigation and a deep-rooted passion for conflict resolution, Mr. Segal is dedicated to fostering cooperation and helping disputing parties find common ground.

Throughout his accomplished career as a litigator, Mr. Segal demonstrated a remarkable ability to navigate complex legal landscapes. He has a history of successful trial and appellate litigation in state and federal courts representing primarily business entities from mid-market private companies to Fortune 50 corporations in individual, multi-party and class action cases. He has managed disputes ranging in value from tens of thousands to hundreds of millions of dollars in areas including finance, employee benefits (ERISA), securities/corporate governance, accommodations for the disabled (ADA), complex contracts, regulatory compliance, and business torts.

Drawing upon his extensive background in litigation, Mr. Segal possesses an unparalleled ability to assess the strengths and weaknesses of each party’s position, enabling him to provide objective and insightful guidance. His exceptional communication skills and keen awareness of the underlying dynamics at play empower him to deftly navigate even the most contentious conflicts. With a reputation for integrity and a commitment to fairness, Mr. Segal engenders trust among disputing parties, fostering an environment conducive to productive negotiations.

With a wealth of leadership experience, Mr. Segal has held numerous key positions in his career, including Managing Partner and Litigation Practice Leader of the San Diego offices of Pillsbury Winthrop Shaw Pittman LLP. He is a respected member of multiple organizations, including the Association of Business Trial Lawyers and the National Leadership Council of Lambda Legal Defense and Education Fund, Inc. Mr. Segal has also lent his expertise as a former member of the Boards of Directors of Petco Love, San Diego Youth Services, and the Yale Club of San Diego, and as the Chief Executive Officer of Camp Kesem National, a nationwide nonprofit serving the needs of children facing a parent’s cancer.

EDUCATION

Harvard Law School, Cambridge, Massachusetts.
Juris Doctorate Cum Laude, 1991.

Yale University, New Haven, Connecticut.
Bachelor of Arts Magna Cum Laude with Distinction in the Major, 1988.
Major: Political Science, with concentration in American Government.

AREAS OF SPECIALIZATION

• Americans with Disabilities Act (ADA)
• Antitrust
• Banking & Finance
• Class Action
• Commercial Contract/General Business
• Complex Litigation
• ERISA
• Real Estate
• Securities

LITIGATION EXPERIENCE

Pillsbury Winthrop Shaw Pittman LLP, San Diego, California.
Partner/Senior Partner, 2002-2019; Senior Counsel, 1999-2001; Associate, 1991-98; Summer Associate, 1990.

Legal Expertise.

Practice emphasized business litigation at both the trial court and appellate levels, representing primarily business entities from mid-market private companies to Fortune 50 corporations in individual, multi-party and class action cases.
Substantive focus areas included finance, employee benefits (ERISA), securities/ corporate governance, accommodations for the disabled (ADA), complex contracts, regulatory compliance and business torts.
Client industries represented: automotive manufacturing/retail/rental, biotechnology, consumer retail, energy, entertainment, commercial and consumer finance, health care, insurance, commercial real estate, securities and telecommunications.
Rated “AV Preeminent” by Martindale-Hubbell and listed in Best Lawyers in America (2014-2019) and San Diego Super Lawyers (2007-2019).

Leadership Experience.

San Diego Office Managing Partner, 2011-2016.
San Diego Litigation Section Leader, 2005-2011 and 2016-2019.
Chair and/or Member, San Diego and Firmwide Recruiting Committees, 1992-2019.
Leader or Leadership Committee Member, Pillsbury Pride (formerly LGBT Attorney Network), 2002-2019.

PROFESSIONAL AFFILIATIONS

Association of Business Trial Lawyers, San Diego Chapter
Lambda Legal Defense and Education Fund, Inc.
Petco Love (formerly known as The Petco Foundation)
San Diego Youth Services, Inc.
Sigma Chi International Fraternity
Tom Homann LGBTQ+ Law Association
Yale Club of San Diego/Yale Alumni Schools Committee/Yale Alumni Fund

NON-PROFIT EXPERIENCE

Camp Kesem National
Chief Executive Officer, 2020-2021.

Senior executive of national, university chapter-based nonprofit organization dedicated to creating a supportive community for children facing a parent’s cancer by providing free sleep-away summer camp experiences and related programming.
Managed organization comprised of approximately 45 paid staff and over 5,000 college student volunteers at more than 130 university campuses, providing almost 7,000 camper program experiences in 2021.

Representative Cases

ADA

Managed ADA litigation filed in federal court against owner/operator of major Southern California theme park. Plaintiff challenged as legally inadequate procedures for evacuating disabled patrons from individual attractions and the entire park in case of emergency. ADA aspects of case resolved on summary judgment motion granted in favor of owner/operator.
Defended scores of disabled access cases brought against retailers, other commercial tenants and commercial landlords under Title III of the Americans with Disabilities Act, California’s Unruh Civil Rights Act and the California Disabled Persons Act. Managed the litigations, the investigations of the access violations alleged and the implementation of corrective measures upon settlement.
Developed and coordinated implementation of company-wide disabled access remediation plan for nationwide retailer. Managed investigation process, coordination with experts, implementation of corrective measures and continuing compliance plan for hundreds of California locations.

Antitrust

Represented cellular telephone service provider in federal class action alleging violations of federal and California antitrust laws. Plaintiffs, on behalf of themselves and a class of cellular telephone service subscribers, alleged that the two cellular service providers in the San Diego market had conspired to fix service prices. In separate settlements, the two providers resolved the case on a classwide basis, which settlements were approved by the District Court and affirmed on appeal.
Represented cellular telephone service provider in state court action alleging conspiracies to fix service prices under California’s Cartwright Act and to violate California’s Unfair Practices Act. Plaintiffs – business agents of the cellular service providers and their competitors for the sale of cellular telephone devices – claimed the service providers and certain other agents engaged in unlawful business practices intended to drive the plaintiff businesses from the market. The litigation ultimately resolved by comprehensive settlement among all parties.

Banking and Finance

Represented multiple vehicle finance companies in class action litigation alleging that “discounted financing or customer cash back” promotions violated California’s Rees-Levering Automobile Sales Finance Act. Multiple plaintiffs filed putative class actions against multiple vehicle finance companies, which cases were litigated concurrently as part of a statewide coordination proceeding. All litigation was resolved on summary judgment in defendants’ favor.
Represented national bank in multi-plaintiff action alleging bank’s culpability in bank account holder’s Ponzi scheme. Plaintiffs sued bank, claiming they relied on the bank’s relationship with plaintiffs’ contract counterparty to lend assurance to his ultimately fraudulent claims. Matter resolved by mediated settlement.
Represented vehicle finance company in class action litigation alleging that formula used to calculate early vehicle lease termination damages violated federal Truth in Lending Act and related state laws. After class certification was defeated, litigation was resolved on a negotiated individual basis.

Class Action

Represented national retailer in connection with class action litigation arising from worldwide recall of defective pet food. Plaintiffs across the United States and Canada brought more than 100 class actions against more than 30 pet food manufacturers and retailers. After the US-based litigations were included in a multi-district litigation proceeding and through multiple rounds of mediation among the various plaintiffs’ and defense counsel and their insurers in both countries, all litigation was settled, resulting in the establishment of a compensation fund for injured pet owners.
Represented a national retailer in connection with class action litigation alleging unlawful recording of customer telephone conversations without proper consent. Plaintiffs alleged that an out-of-state retailer violated California’s Invasion of Privacy Act by failing to provide notice that telephone calls to or from the retailer’s call center could be recorded or monitored. The litigation was resolved on a class-wide basis when the class action matter, as well as a related insurance bad faith matter, were settled among the plaintiff class, the defendant retailer and the defendant’s insurer after several rounds of multi-party mediation.
Represented a public company and the independent members of its board of directors in class action litigation alleging breach of fiduciary duty in connection with a multi-billion-dollar going-private securities transaction. After the company announced that it had agreed to be acquired by private equity, plaintiffs filed class action litigation alleging that the price per share obtained for the company was inadequate. After leading the coordinated multi-law firm defense of the company, the inside directors, the independent directors and the two acquiring firms for several years and after several rounds of mediation among the plaintiffs, the various defendants and the defendants’ tower of insurers, the matter was settled on a classwide basis.

Commercial Contract/General Business

Represented hedge fund “back office” administration company in contract, business tort and state securities law litigation brought by hedge fund investors. Investors in domestic and offshore hedge funds alleged that administration company breached contract and tort duties purportedly owed to investors to provide information on ill-advised investment decisions made by the hedge fund manager. Despite several rounds of mediation, the case did not resolve on a consensual basis, but instead ultimately terminated by summary judgment granted to defendants against all plaintiffs.
Represented plaintiff defense contractor in dispute with one of its suppliers over production delays and product quality for a key component. Client had a supply contract with a subcontractor to build a component of the client’s product according to a particular specification. Subcontractor could not produce the component to the required specification, risking the client’s ability to perform under its supply contract with the government. Client obtained the component from a different subcontractor at a higher price and sued the original subcontractor for cover damages and related costs. Litigation ultimately settled after several rounds of mediation.
Represented owner of public television station in litigation with consultant it hired to manage the station’s participation in reverse television spectrum auction run by the federal government. Station owner alleged that consultant’s negligence and breach of contract caused the station to be excluded from the auction, causing losses of tens of millions of dollars. After complex expert discovery involving broadcast television technology, auction economics, human systems structure and game theory, litigation ultimately resolved by settlement.

Complex Litigation

Represented national retailer in connection with class action litigation arising from worldwide recall of defective pet food. Plaintiffs across the United States and Canada brought more than 100 class actions against more than 30 pet food manufacturers and retailers. After the US-based litigations were included in a multi-district litigation proceeding and through multiple rounds of mediation among the various plaintiffs’ and defense counsel and their insurers in both countries, all litigation was settled, resulting in the establishment of a compensation fund for injured pet owners.
Represented multiple vehicle finance companies in class action litigation alleging that “discounted financing or customer cash back” promotions violated California’s Rees-Levering Automobile Sales Finance Act. Multiple plaintiffs filed putative class actions against multiple vehicle finance companies, which cases were litigated concurrently as part of a statewide coordination proceeding. All litigation was resolved on summary judgment in defendants’ favor.
Represented hedge fund “back office” administration company in contract, business tort and state securities law litigation brought by hedge fund investors. Investors in domestic and offshore hedge funds alleged that administration company breached contract and tort duties purportedly owed to investors to provide information on ill-advised investment decisions made by the hedge fund manager. Despite several rounds of mediation, the case did not resolve on a consensual basis, but instead ultimately terminated by summary judgment granted to defendants against all plaintiffs.
Represented owner of public television station in litigation with consultant it hired to manage the station’s participation in reverse television spectrum auction run by the federal government. Station owner alleged that consultant’s negligence and breach of contract caused the station to be excluded from the auction, causing losses of tens of millions of dollars. After complex expert discovery involving broadcast television technology, auction economics, human systems structure and game theory, litigation ultimately resolved by settlement.

ERISA

Represented bank-sponsored ERISA retirement plan in litigation seeking to determine the proper beneficiary of a deceased participant’s 401(k) retirement plan account. Upon the death of an employee, the employee’s mother, who had been named the beneficiary of all of the employee’s other plan accounts but was not found to have been named beneficiary in any of the records of the plan at issue, claimed to be the proper beneficiary of that plan account as well, rather than the last-named beneficiary of record, who had been divorced from the participant almost 40 years before. The plan filed an interpleader action to allow the court to determine the proper beneficiary of the account. The matter was ultimately settled between the conflicting claimants.
Represented ERISA retirement plan in litigation with a participant who claimed he had been improperly denied benefits pursuant to a miscalculation of his years of service. Matter resolved by negotiated settlement.
Represented ERISA health and welfare plan in litigation threatened by health care providers (as assignees of the participant) in response to the plan’s denial of coverage for medical claims under an illegal acts exclusion in the plan. Matter resolved by negotiated settlement.

Real Estate

Represented owners of residential real estate in ocean view neighborhood in dispute with neighbor over plans to build clients’ home.
Represented commercial anchor tenant in retail shopping center in litigation with landlord over tenant’s signage. Landlord claimed that tenant’s sign, although permitted by the lease, was causing damage to the physical structure of the building, while tenant claimed that any damage was caused by underlying defects in the condition of the building, which defects themselves violated the lease. Litigation resolved by negotiated agreement to share costs of repair.
Represented commercial real estate broker in breach of contract and professional negligence litigation. Commercial tenant in retail shopping center brought claim against broker and landlord alleging failure to disclose that tenant’s major competitor would soon open a location in adjacent retail center. Matter resolved by mediated settlement.
Represented plaintiff nonprofit community organization in action against a municipality alleging that the city’s designation of the client’s property (and several hundred other properties) as blighted (and therefore subject to taking by eminent domain for redevelopment purposes) was unlawful under California law. Matter proceeded to trial, resulting in a judgment in client’s favor that overturned the blight designation, protected the property from taking by eminent domain and awarded several million dollars in attorney’s fees to the client.

Securities

Represented a public company and the independent members of its board of directors in class action litigation alleging breach of fiduciary duty in connection with a multi-billion-dollar going-private securities transaction. After the company announced that it had agreed to be acquired by private equity, plaintiffs filed class action litigation alleging that the price per share obtained for the company was inadequate. After leading the coordinated multi-law firm defense of the company, the inside directors, the independent directors and the two acquiring firms for several years and after several rounds of mediation among the plaintiffs, the various defendants and the defendants’ tower of insurers, the matter was settled on a classwide basis.
Represented hedge fund “back office” administration company in contract, business tort and state securities law litigation brought by hedge fund investors. Investors in domestic and offshore hedge funds alleged that administration company breached contract and tort duties purportedly owed to investors to provide information on ill-advised investment decisions made by the hedge fund manager. Despite several rounds of mediation, the case did not resolve on a consensual basis, but instead ultimately terminated by summary judgment granted to defendants against all plaintiffs.
Represented directors and officers of multiple public corporations alleged to have issued false and misleading statements in violation of federal securities laws (Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder), thereby impacting the price of securities traded in the public markets. Some cases were dismissed on motion, but most ultimately resolved by means of class action settlement after mediation.

Richard M. Segal, Esq.

Fee Schedule