Kahn Scolnick is an appellate and litigation partner in the Los Angeles office of Gibson, Dunn & Crutcher. He serves as co-partner in charge of the Los Angeles and Century City offices, co-chair of the firm’s Class Actions Practice Group, and is also an active member of the Appellate and Constitutional Law and Securities Litigation Practice Groups, among others. He specializes in class actions, complex commercial cases, and litigating a variety of constitutional issues—both in the trial courts and on appeal.
Representative trial court experience:
- Obtained a bench trial victory in a California trial court vacating the California Insurance Commissioner’s $173 million penalty issued under the Unfair Insurance Practices Act (the largest such penalty ever issued to date).
- Defeated class certification in a novel “no poach” class action against a major sandwich restaurant chain.
- Obtained dismissal with prejudice of a discrimination class action suit against a major auto insurance company in federal court in Washington.
- He was part of the trial team that successfully represented Chevron Corporation in a RICO case against those seeking to extort billions of dollars from the company based on a fraudulently procured multi-billion-dollar judgment in Ecuador.
- Defended a city in a lengthy bench trial alleging a violation of the California Voting Rights Act and Equal Protection Clause.
- Won a complete defense verdict following a lengthy bench trial before the California Superior Court in two consolidated nationwide class actions against a commercial mortgage lender.
- Successfully opposed a preliminary injunction in Nevada seeking to enjoin a $2.8 billion merger of two gaming companies.
- Won judgment on the pleadings of the defendants’ sole affirmative defense (unclean hands) in a contentious corporate dispute in the Delaware Chancery Court.
Representative appellate experience:
- Obtained a unanimous decision from the California Supreme Court in favor of his client a Medicare Part C pre-emption case.
- Secured a published decision from the California Court of Appeal striking down a $100 million rate increase and refund order by the California Insurance Commissioner.
- Won in the California Court of Appeal against an attempt to defeat an arbitration clause based on a novel reading of the California Health & Safety Code’s disclosure requirements.
- Prevailed in the California Court of Appeal in a high-profile, multi-jurisdictional dispute between a major law firm and its former partner (the case is now pending before the California Supreme Court).
- Persuaded the California Court of Appeal to reverse a trial court judgment finding a city liable for violating the Equal Protection Clause, based on the City’s method of electing its council.
- Won a major victory in the California Court of Appeal in a CEQA (California Environmental Quality Act) case that will transform the way cargo moves through the Port of LA.
- Obtained a published decision from the California Court of Appeal affirming summary judgment in a “finder’s fee” dispute on behalf of a real estate investment company.
- Advised the inaugural California Citizens Redistricting Commission on a variety of legal issues including the Voting Rights Act and equal protection, and then successfully defended the Commission’s maps against an assortment of constitutional and statutory claims before the California Supreme Court.
- Was a key member the appellate team (in both the Second Circuit and U.S. Supreme Court) in Chevron’s successful RICO suit involving a fraudulent multi-billion-dollar judgment, described above.
- Secured the reversals on appeal of judgments totaling $295 million in three certified class actions in New Mexico and California involving installment payment plans for auto insurance policies.
- Prevailed on summary judgment in a high-profile “taxpayer” action challenging the constitutionality of a California statute—and then persuaded the California Court of Appeal to affirm.
Kahn graduated magna cum laude in 2003 from the University of San Diego, School of Law. He was a lead articles editor for the San Diego Law Review and was awarded the Outstanding Student in Constitutional Law. Kahn received his Bachelor of Arts degree in Public Policy Studies, with honors, from Michigan State University in 2000.
Before joining the firm in 2006, Kahn served as a law clerk to Judge Ferdinand F. Fernandez of the United States Court of Appeals for the Ninth Circuit (2005–06), and as a law clerk to Judge Dana M. Sabraw of the United States District Court for the Southern District of California (2003–05). While in law school, Kahn served as a judicial extern to Judge M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and also to Magistrate Judge Louisa S. Porter of the United States District Court for the Southern District of California.
Kahn has published and spoken on a variety of topics, including class actions, trial practice, civil procedure, punitive damages, voting rights, and constitutional issues. He has been recognized by Best Lawyers in America® and was named eight times as one of Southern California’s “Rising Stars” by Los Angeles Magazine and Southern California Super Lawyers. Kahn serves as the president of the Legal Aid Foundation of Los Angeles (LAFLA) and the vice president of the Los Angeles Chapter of the Association of Business Trial Lawyers (ABTL).
Kahn is a member of the California Bar. He is admitted to practice before the United States Court of Appeals for the Ninth Circuit and the United States District Courts for the Northern, Southern, and Central Districts of California.
Capabilities
- Appellate and Constitutional Law
- Class Actions
- Litigation
- Real Estate Investment Trust (REIT)
- Securities Litigation
- Transnational Litigation
- Trials
Credentials
Education:
- University of San Diego - 2003 Juris Doctor
- Michigan State University - 2000 Bachelor of Arts
Admissions:
- California Bar
Clerkships:
- US Court of Appeals, 9th Circuit, Hon. Ferdinand F. Fernandez, 2005 - 2006
- USDC, Southern District of California, Hon. Dana M. Sabraw, 2003 - 2005