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Allan L. Schare is a partner in the law firm of McDermott Will & Emery LLP based in the Firm's Los Angeles office. As a member of the Firm's Trial Department, Allan focuses his practice on commercial litigation, securities litigation, business torts, unfair competition, trade secret and professional liability matters.
Allan is admitted to practice in California and before the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Central, Southern, Northern and Eastern Districts of California.
While in law school, Allan was a founding editor and the executive editor of the High Technology Law Journal and an associate editor of the International Tax and Business Lawyer.
Representative Experience
Schlagal v. Learning Tree International, et al., U.S. District Court (C.D. Cal.) Case No. 98-6384 ABC. Represented Learning Tree and certain of its officers and directors in a securities class action charging 10b-5 violations in connection with the alleged concealment of the deterioration of the company's business and the trading of shares while in possession of the allegedly concealed material adverse information. Also represented the company and its officers and directors in two parallel state court class actions filed by the same plaintiffs' law firm under California state securities laws (Sarah v. Collins, et al., Los Angeles County Superior Court Case No. BC189499 and Guthrie v. Collins, et al., Los Angeles County Superior Court Case No. BC193465). Successfully negotiated settlement of all three actions
Pacific Telesis Group, Inc. v. California Franchise Tax Board, San Francisco County Superior Court Case No. 319008; First Appellate District Court of Appeal Case No. A104602. Represented corporate taxpayer in refund action seeking more than $50 million in franchise (income) tax refunds based on underreporting of capital asset depreciation deductions on intercompany sales of equipment in the years following the 1984 AT&T divestiture
Private Investment Bank Limited v. Med Diversified, Inc., et al., U.S. District Court (C.D. Cal.) Case No. CV 02-4802 LGB. Represented Bahamian bank and trust company in fraud and breach of contract action seeking recovery of $70 million debenture investment made in publicly traded home health care company. Successfully negotiated settlement, partial repayment and restructuring of outstanding debt obligations. Later represented client seeking recovery of balance of debt in defendant's bankruptcy proceedings (In re Med Diversified, Inc., et al., U.S. Bankruptcy Court (E.D.N.Y.) Case No. 02-88564)
Paramount Pictures Corporation, et al. v. ReplayTV, Inc., et al., U.S. District Court (C.D. Cal.) Case No. CV 01-9358 FMC. Represented Columbia Pictures Industries and affiliated entities in copyright infringement action against manufacturer of digital video recorder offering features such as the ability skip commercials automatically, and to send recorded programming to other ReplayTV device owners over the internet.
NetZero, Inc. v. Juno Online Services, Inc., U.S. District Court (C.D. Cal.) Case No. CV 00-13378 SVW. Represented internet service provider in defense of patent infringement action brought by competitor regarding patent for the simultaneous display of a floating "viewer" window in conjunction with an ordinary internet browser window
Pegasus Satellite Television, Inc. et al. v. DirecTV, Inc., et al., U.S. District Court (C.D. Cal.) Case No. CV 00-00368 LGB. Represented national distributor of the DirecTV programming service in litigation concerning scope and duration of distribution services agreement and allegations of breach of various provisions thereof
Education
University of California-Berkeley, Boalt Hall School of Law, J.D. (Order of the Coif), 1986
University of California-Berkeley, B.A. (magna cum laude), 1983 | 