attorneys

Kalama M. Lui-Kwan

Associate
kml@severson.com | (415) 677-5678 Tel | (415) 956-0439 Fax
OFFICE
One Embarcadero Center
Suite 2600
San Francisco
CA 94111

415-398-3344 Tel
415-956-0439 Fax

Areas of Practice

  • Financial Services
    • Financial Services Litigation

Education

  • Boston University, B.A., 1995
  • University of California, Berkeley, School of Law, J.D., 2000
  • Harvard University, M.P.P., 2000

Kalama Lui-Kwan is an Associate with the firm's Financial Services Litigation group. He has extensive experience defending a full range of business litigation matters. His primary areas of emphasis are complex business disputes, financial services litigation, and consumer class actions.
 
Mr. Lui-Kwan received his law degree from the University of California at Berkeley, Boalt Hall School of Law. He earned his undergraduate degree from Boston University, and a Master in Public Policy from Harvard University. Before joining Severson & Werson in 2009, Mr. Lui-Kwan was an associate at Latham & Watkins LLP (New York and Silicon Valley) and Fenwick & West LLP (San Francisco).
 
Mr. Lui-Kwan is admitted in California, New York, and Hawaii.
Mr. Lui-Kwan practices in the area of commercial litigation with an emphasis on complex business disputes, financial services litigation, and consumer class actions.
Mr. Lui-Kwan’s specific experience includes:
Complex Commercial Litigation: Defense of actions arising from mergers and acquisitions, fiduciary duties, contract disputes, and business torts.
Consumer Class Actions: Defense of nationwide and statewide class actions based on contract claims, tort claims, and consumer protection statutes, including the Truth in Lending Act, Consumer Legal Remedies Act, Equal Credit Opportunity Act, Fair Housing Act, Civil Rights Act, state call-recording statutes, Unfair Competition Law in California, and similar “UDAP” statutes in other states.
Financial Institution Litigation: Representation of lenders, servicers, investors, and other institutions against a wide variety of claims, including breach of loan agreement, fraud, intentional and negligent misrepresentation, breach of fiduciary duty, negligence, tortious interference with business relationships, intentional and negligent infliction of emotional distress, unfair debt collection practices, “predatory” lending practices and alleged statutory violations.
Securities Litigation: Representation of companies and their directors and officers in securities class actions, shareholder derivative actions, and nationwide and global internal investigations.
Unfair Competition Claims: Defense of lawsuits alleging violation of California’s “Unfair Competition Law,” sections 17200 and 17500 of California’s Business & Professions Code, which prohibit unfair business practices and false advertising.
Biographical Information:
Employment History: Before joining Severson & Werson in 2009, Mr. Lui-Kwan was an associate at Latham & Watkins LLP (New York and Silicon Valley) and Fenwick & West LLP (San Francisco)
Education: B.A., Magna Cum Laude, Boston University, 1995; J.D., University of California at Berkeley, Boalt Hall School of Law, 2000; M.P.P., John F. Kennedy School of Government at Harvard University, 2000
Admitted to Practice: State and federal courts in California, New York, and Hawaii
Professional Affiliations: The Sedona Conference Working Group on Electronic Document Retention and Production; San Francisco Bank Attorneys Association; American Bar Association, Litigation Section (Committees on Commercial & Business Litigation and Class Actions & Derivative Suits); California State Bar; New York State Bar Association; Hawaii State Bar Association; Bar Association of San Francisco
  • Defeated motion for class certification in a nationwide class action brought against a national bank in federal court. Plaintiffs had alleged that the bank wrongfully charged monthly service fees on demand deposit accounts. Plaintiffs stipulated to dismissal with prejudice after their motion for class certification was denied.
  • Currently representing a national bank in a nationwide class action based on allegations that home equity lines of credit were improperly reduced or restricted.
  • Currently representing a national bank in a multidistrict class action litigation based on claims challenging the assessment and collection of overdraft fees.
  • Successfully defended lenders, servicers, and investors in cases involving borrower claims of negligence, fraud, breach of fiduciary duty and/or other commercial torts.
  • Successfully defended directors and officers of a private corporation in a shareholder litigation based on allegations that common shareholders were “frozen out” by directors, management, and venture investors. The court granted defendants’ motion to dismiss with prejudice.
  • Successfully defended directors and officers of a publicly traded technology company in a shareholder derivative action based on alleged stock option backdating. The court granted defendants’ motion to dismiss with prejudice.