Don A. Proudfoot Jr.

Don A. Proudfoot, Jr. has more than 40 years of experience representing clients in complex commercial litigation matters and appeals often involving international transactions and clients from other countries.

Mr. Proudfoot has substantial experience in banking, trade secrets, anti-trust, real estate, personal injury (defendant and plaintiff), insurance coverage, products liability, class action litigation, employment termination, libel, claims against government entities under section 1983, and the Foreign Sovereign Immunities Act. He has taken and defended depositions in Japan, Hong Kong, England, Italy and Russia. He has had many jury and bench trials in both federal and state trial courts in California and in federal courts in New York and New Mexico.

Mr. Proudfoot has worked on more than 70 appeals and writs. He wrote the briefs and argued a number of cases in which the published opinions established important legal precedents:

First Empire Bank v. Federal Deposit Ins. Corp. (9th Cir. 1978) 572 F.2d 1361 which established FDIC liability for uniform treatment in purchase and assumptions and led to the FDIC and FSLIC adopting the "First Empire Rule".

Monte Carlo Shirt Corp. v. Daewoo Int'l (America) (9th Cir. 1983) 707 F.2d 1054, an important common law trademark and infringement case.

Gluskin v. Atlantic Savings and Loan Assn. (1973) 32 Cal.App.3d 307, still a frequently cited case with respect to subordination clauses in real estate loan transactions.

Board of County Commissioners of San Juan County v. Liberty Group, 965 F.2d 879 (10th Cir. 1992), cert denied 506 U.S. 918 (1992) upholding the dismissal of a RICO claim and finding use of negligence as opposed to scienter instruction in Rule 10b-5 case, required reversal of a jury verdict.

Pubali Bank v. City National Bank (9th Cir.1982) 676 F.2d 1326 which established that when an advising bank presented fraudulent documents in support of a draw on a commercial letter of credit, it was liable to the issuing bank for its loss.

Prior to forming Proudfoot & Quach LLP, Mr. Proudfoot practiced law with an international law firm and founded the Los Angeles litigation department of a national law firm and headed it for more than twenty years.