Donald G. RezShareholder

Email | 619.595.3239 | vCard

Summary

Donald Rez focuses his practice in the areas of business and commercial litigation and antitrust and trade regulation. He has handled all types of commercial lawsuits, including cases involving trade regulation and antitrust, breach of contract, franchisor/franchisee issues, lender liability cases, professional malpractice, and intellectual property. He has been involved in complex multi-district litigation, and his antitrust experience has involved claims of virtually every kind.

Donald has represented diverse clients as the San Diego Clippers, Exxon, Fotomat, Mashburn Sanitation and Recycling (see City of San Marcos v. Coast Waste Mgmt, Inc., 54 Cal Rptr 2d 588 (1996), Nevada Bob’s Pro Shop, Inc., and Orlimar Golf Co. In approving a consumers’ antitrust class action settlement in which Donald had been appointed co-lead plaintiffs’ counsel, the United States District Court Judge recognized the high quality of representation on behalf of the class. Shames v. Hertz Corp., 2012 WL 5392159 at *19 (S.D. Cal Nov. 5, 2012). (“The quality of representation in this matter was exceptional.”)

Active in the legal community, Donald is a past Chair of the Civil Litigation section of the San Diego County Bar Association (2013) and was Co-Chair in 2012, during which he has organized and moderated many continuing education programs on topics such as California’s anti-SLAPP statute, e-filing in San Diego Superior Court and court funding. He was an Editor of the Harvard Environmental Law Review, and was one of the U.S. District Court for the Southern District of California Lawyer Representatives to the Ninth Circuit Judicial Conference.  He is on the Executive Committee of the Harvard Law School Association of San Diego.

Donald has an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell which he has held for more than 30 years. He has been recognized as a San Diego “Top Lawyer” and as a “Super Lawyer.”  He is also recognized in the top 1% of The American Registry, “Best of the Best” for 2016 and 2017 Top Lawyers in San Diego by San Diego Magazine.  In addition, Donald was recognized by the Martindale Hubbell Peer Review for achieving highest level of professional excellence.

Education

  • Harvard Law School, J.D., cum laude, 1978
  • University of Texas, B.A., with highest honors, 1975

Expertise

Donald is a co-author of California Pretrial Practice & Forms (James Publishing Co.), a landmark treatise on civil procedure before trial. He has written extensively and has published articles in various legal journals, has co-authored articles for the American Bar Association’s Forum Committee on Franchising, and has co-edited issues of the ABA’s Antitrust Law Journal and has lectured on procedure, discovery, and trade regulation issues.

Publications

  • California Pretrial Practice & Forms, Kwong, Kane & Rez, James Publishing Company, 2003 (updates 2004-2013)
  • Antitrust Law Journal (National Institute Ed.), (Co-editor), American Bar Association (1981-1984)
  • Antitrust Trade Regulation: Developments Relating to Franchising (Sullivan & Rez), ABA Forum Committee on Franchising (1983)
  • Let’s Get Rid of Big Cases (Sullivan & Rez), 7 Litigation Nos. 4, p.8, Summer (1981)
  • Antitrust Discovery Handbook and Supplement (Fraudulent Concealment and Sanctions) (Contributor), ABA Antitrust Section (1980)
  • Causation and Automatic Damages in Secondary-Line Cases Under Section 2(a) of the Robinson-Patman Act: Is Fowler v. Gorlich Dead?, 55 Notre Dame Lawyer 660 (1980)

Seminars and Courses

  • Presenter, “California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two,” Meritas Capability Webinar Series, San Diego, April 2015, and California Western School of Law, Business Law Society, March 2015
  • Presenter, “eDiscovery Essentials,” Network Deposition Services Inc., San Diego, May 2014
  • Co-Presenter (with Judge Meyers), “Recent Developments in California Civil Procedure,” San Diego County Bar Association (Civil Litigation Section), April 2014
  • Presenter, Webinar, “What Works Well in Mediation?” San Diego County Bar Association (Civil Litigation Section), November 2013
  • Presenter, “Recent Developments in California Civil Procedure,” San Diego County Bar Association (Civil Litigation Section), March 2013
  • Presenter, “Everything You Need to Know: Motion for Summary Judgment,” San Diego County Bar Association (Civil Litigation Section), April 2012
  • Presenter, “The Art of the Deposition: Deposition Procedure,” Veritext San Diego, February 2012
  • Presenter, “E-Discovery in the Mobile Age,” Veritext San Diego, August 2011
  • Presenter in Southern California seminar series entitled “Foreclosure Prevention & Debt Relief for Lawyers”
  • Lecturer, “E-Discovery Under the New Federal Rules of Civil Procedure,” Meritas Litigation Section Meeting, 2006
  • Faculty, Developing Deposition Skills, National Institute of Trial Advocacy (NITA), 1999
  • Adjunct Professor of Law, Pretrial Procedures, California Western School of Law, 1984
  • Guest Lecturer, Antitrust Law Seminar, University of San Diego, 1999
  • Lecturer Business Litigation in the 1990’s – Tactics and Techniques, San Diego County Bar Association – Section on General Civil Litigation, 1989
  • Lecturer, Use of Videotaped Depositions, California Continuing Education of the Bar, 1982
  • Lecturer, Practicum, Federal Practice Institute, California Continuing Education of the Bar, 1979

Representative Matters

  • Adler v. Federal Republic of Nigeria, 107 F. 3d 720 (9th Cir. 1997)
  • Bischel v. Fire Insurance Exchange, 1 Cal. App. 4th 1168 (Cal. App. 1991)
  • Cellular Plus, Inc. v. Superior Court, 14 Cal. App. 4th 1224 (Cal. App. 1993)
  • City of San Marcos v. Coast Waste Management, Inc., 47 Cal. App. 4th 320 (Cal. App. 1996)
  • Daw Industries v. Proteor Holdings, S.A., 2008 WL 4103985 (S.D. Cal. 2008)
  • Durkin v. Shea & Gould, 92 F. 3d 1510 (9th Cir. 1997)
  • Durkin v. Shields, 1997 U.S. Dist. LEXIS 20945 (S.D. Cal. 1997)
  • Hydranautics v. Filmtec, 204 F.3d 880 (9th Cir. 2000)
  • Hydranautics v. Filmtec Corp., 306 F. Supp.2d 958 (S.D. Cal., 2003)
  • Medical Imaging Centers of America v. Lichtenstein, 917 F. Supp. 717 (S.D. Cal. 1996)
  • SEC v. Integrated Equities, Inc., 2006 WL 3717487 (D. Nev. 2006) (representing court appointed receiver)
  • Platypus Wear v. K.D. Co., 905 F. Supp. 808 (S.D. Cal. 1995)
  • Shames v. California Travel and Tourism Commission, 626 F. 3d 1079 (9th Cir. 2010)
  • Shames v. Hertz Corp. 2012 WL 5392159 (S.D. Cal Nov. 5, 2012)(approval of class action settlement and award of attorneys’ fees).
  • Sionix v. Moorehead, 299 F. Supp. 2d 1082 (S.D. CA. 2003)
  • U.S. v. Guess, 2005 WL 1819382 (S.D. Cal., June 28, 2005) (representing court appointed receiver)

Affiliations

A member of the American Bar Association and a Life Fellow of the American Bar Foundation, Donald has also served as an adjunct professor at California Western School of Law and on the faculty at the National Institute for Trial Advocacy.

Donald is currently on the Board of Visitors of the University of San Diego School of Law and on the Board of Trustees of John Paul the Great Catholic University.

He is a past president of the Thomas More Society of San Diego, a Knight of the Equestrian Order of the Holy Sepulchre of Jerusalem, and was co-chair of the 2015 Annual Meeting for the Western Lieutenancy in San Diego. He was the coordinator for the year of Mercy for the EOHSJ in San Diego and serves on its Spirituality Committee.  He made the keynote address at the annual St. Thomas More Society dinner which honored Bankruptcy Judge John Hargrove as its attorney of the year.

Donald has been a member of the parish and finance councils at Our Lady of Refuge Roman Catholic Church, and was on the Diocesian Pastoral Council for the Diocese of San Diego (2002-2004). In addition, he has served on the Board of Directors of Catholic Exchange and is a past President of the San Diego Chapter of Legatus (2012-2014). He was the co-chair of the Friends of the Poor-Nigeria Fundraiser for Bishops Anthony Adaju and Martin Uzoukwu in August 2015.  He provides communion services at Wesley Palms Retirement Home.

ABF_emblem_100x161