Attorney

Larry R. Schmadeka

Areas of Practice
  • Complex & Class Action Litigation
  • International Arbitration and Dispute Resolution
  • IP Litigation
  • Labor & Employment
  • Products Liability Litigation
  • Shipbuilding
Education

Southwestern University School of Law, J.D., magna cum laude, 1992; Claremont McKenna College, B.A., Departmental Honors, 1987

Languages Spoken
  • English
  • Mandarin (conversant)
Location

Los Angeles Office
Orange County Office

Contact

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Larry R. Schmadeka has over 25 years of substantive litigation and transactional experience in domestic and international matters in a wide range of practice areas, including commercial litigation, intellectual property, products liability, employment, and shipbuilding. In his career, he has represented corporations from various foreign nations, such as Korea, Japan, China, Taiwan, India, and Germany, and their domestic affiliates in state and federal courts in California, as well as other venues within the United States. Additionally, Larry has worked with clients in the handling of foreign arbitral matters, including the LMAA, SIAC and ICC. He has also worked with local counsel in the coordination of litigation and transactional matters in various foreign countries in Asia, Europe and the Middle East.

Employment Law

Larry’s experience includes defending small to large, domestic and foreign-based employers in single, multi-party and class actions matters involving wage and hour, wrongful termination, unlawful discrimination and sexual harassment claims in state and federal courts and arbitral forums. He also has extensive experience in advising employers, including Korean and Chinese-owned enterprises, on employment practices involving wage and hour issues, classification of independent contractors, employment policies, employee training, and issues involving trade secrets, confidentiality and intellectual property.

International Arbitration & International Law Issues

Larry’s international experience includes being embedded within the legal department of a Korean shipbuilder where he advised, managed and coordinated foreign legal matters, including litigation matters in various arbitral forums and contractual matters involved non-Korean parties and law. 

Intellectual Property

Larry’s intellectual property experience includes counseling and assisting clients in perfecting their trademarks and other intellectual property in the United States and abroad.  Such counseling also involves strategizing regarding market entry and distribution across various platforms.  For example, he has managed legal efforts for foreign franchisors entering the United States, foreign nutraceutical manufacturer, and start-up cosmetic and skincare brands.  Additionally, he was represented clients in patent litigation matters relating to mobile communications, cellular telephone systems, and digital audio and/or video players. Larry has also defended trademark infringement claims, breach of patent and licensing agreements, false advertising claims and claims of misappropriation of trade secrets.

Product Liability Litigation

Larry’s experience also includes representing foreign OEM automobile manufacturers and distributors, as well as automobile suppliers, in product liability actions, including single and multi-party litigation, involving catastrophic injury and wrongful death. He has successfully defended allegations of defects in roof strength, safety restraints, air bag systems, interior padding, fuel systems, vehicle stability, seat-back strength, window glazing, tire defects and numerous other areas related to vehicle crashworthiness. His products liability experience also includes defending industrial chemical product manufacturers against claims by individuals of severe illness caused by their products, as well as manufacturers in commercial warranty cases ranging from alleged defects in trailer axle deign to defects in computer components.

Law and Community Associations

Larry serves as Vice-Chair on the Board of Governors for the Keck Center for International and Strategic Studies at Claremont-McKenna College. He is the current Co-Chair of the International Law Practice Area Committee of the National Association of Minority and Women Owned Law Firms (NAMWOLF), as well as the current Vice-President of the International Law Section of the Orange County Bar Association. He is also a member of the International Association of Defense Counsel. 

He is admitted to practice before the state courts of California, the United States Court of Appeals for the Ninth Circuit, and each of the United States District Courts located in California (Central, Eastern, Northern and Southern Districts of California).

Presentations
  • Moderator, “When Your Deal Becomes Part of US Foreign Policy: Don’t Miss These Critical ‘Must Know’ 2019 Changes In US Law That Could Impact Transnational Deals,” National Association of Minority and Women Owned Law Firms (NAMWOLF) Driving Diversity and Leadership Meeting, February 2020
  • Co-Presenter, “Pitfalls for the Unwary in Dealing with FCPA and U.K. Anti-Bribery Laws,” Orange County Bar Association, International Law Section, February 2019
  • Moderator, “Investigation of an International Scandal and the Pitfalls to Avoid Creating Another One,” NAMWOLF Driving Diversity and Leadership Meeting, February 2019
  • Panelist, “FCPA Challenges in Asia and Latin America,” NAMWOLF Mid-Year Meeting, February 2018
  • Panelist, “What are the Hot Topics in International Law,” NAMWOLF Annual Meeting, September 2016
Selected Cases
  • Starpoint USA, Inc. v. Daewoo Motor Co., Court of Appeal of the State of California, Second Circuit, No. B234891 (Cal. Ct. App. May 21, 2013) (Upholding trial court order granting defendant’s motion for new trial on case involving right to attorney’s fees on breach of contractual right to indemnity; reversing trial court ruling granting defendant’s motion for judgment notwithstanding the verdict)
  • Republic of Iraq v. ABB AG, 920 F. Supp. 2d 517 (USDC SD NY 2013) (Granting motion to dismiss against plaintiff for claims based upon alleged illicit payments under the United Nations Oil for Food Program), affirmed 768 F.3d 145 (2d Cir. 2014)
  • ITT Manufacturing Enterprises v. Cellco Partnership, 2011 U.S. Dist. LEXIS 153065 (USDC DE, December 29, 2011) (Claim Construction Rulings in Patent Litigation)
  • Bernal v. Daewoo Motor America, Inc., 2011 U.S. Dist. LEXIS 58918 (USDC AZ, June 2, 2011) and 2011 U.S. Dist. LEXIS 166509 (USDC AZ, August 31, 2011) (Various Rulings on Motions for Summary Adjudication, Motions in Limine and other trial issues in Automotive Product Liability case involving catastrophic injury)
  • Korean Am. Broad. Co., v. Korean Broadcasting System, 2010 U.S. Dist. LEXIS 80210 (USDC ND IL, August 4, 2010) and 2011 U.S. Dist. LEXIS 63855 (USDC ND IL, June 9, 2011) (Rulings on motions to dismiss on plaintiff’s first and second amended complaints)
  • Minerva Indus. v. Motorola, Inc., 2010 U.S. Dist. LEXIS 9329 (USDC ED TX, Feb. 3, 2010) (Claim Construction Rulings in Patent Litigation)
  • Angelov v. Wilshire Bancorp, 331 Fed. Appx. 471 (9th Cir. 2009) (Decision upholding in part and reversing in part granting of motion to dismiss claims, including aiding and abetting fraud, breach of fiduciary duty, etc. without leave to amend)
  • Angelov v. Wilshire Bancorp, 2007 Westlaw 2375131 (USDC SD NY 2007) (Ruling on motion to transfer venue)
  • Seung Woo Lee v. Imaging3, Inc., 283 Fed. Appx. 490 (9th Cir. 2008) (Motion for Summary Judgment enforcing Korean Commercial Arbitration Board award pursuant to New York Convention) (Lead attorney for trial court team; supervised appellate team)
  • Mercuro v. Superior Court (Countrywide Securities Corporation), 96 Cal. App. 4th 171 (2002) (Appellate decision regarding enforcement of pre-dispute arbitration agreement to plaintiff’s discrimination and wrongful termination claims)
  • Casey v. Atlantic Richfield Co., 2000 U.S. Dist. LEXIS 6836 (USDC CD CA, March 29, 2000) (Granting defendants’ motion to dismiss plaintiffs putative class action for pension and welfare benefits coverage under ERISA)
  • Neubauer v. Disneyland, Inc., 875 F. Supp. 672 (USDC CD CA 1995) (Ruling on 12(b)(6) motion challenging common carrier allegations in complaint against amusement park ride operator).