Kenneth G. Parker
949-442-7101
kparker@tlpfirm.com
Kenneth G. Parker's Service Pledge
Summary:
Kenneth G. Parker is a founding partner of TLP and specializes in patent, trademark, copyright, trade secrets and complex business litigation and analysis. Mr. Parker has been selected as a Southern California "Rising Star" by Los Angeles Magazine two years running and has received an AV peer-review rating (the highest available) from Martindale-Hubble.
Mr. Parker has first-chair jury trial experience. Among other trials, Mr. Parker was on the trial team that won a $43 million verdict against the State of California while successfully defending a billion dollar responsive claim.
Mr. Parker received a Bachelors of Business Administration, cum laude, from Texas A&M University in 1991 with University Honors recognition. He graduated with high honors from the University of Texas School of Law in 1994, and was Vice Chancellor and Order of the Coif. Mr. Parker served as Articles Editor of the Texas Law Review.
Mr. Parker served as Corporate Counsel, IP Litigation and Enforcement, of Callaway Golf Company from 2001 to 2004. While at Callaway Golf, Mr. Parker managed patent, trademark and trade secrets litigation nationwide, including litigation in U.S. District Courts for the Middle District of Florida, Southern District of Texas, Central and Southern Districts of California, Northern District of Illinois, Northern District of Georgia and District of Delaware. Mr. Parker managed the litigation and enforcement program that produced record enforcement results for Callaway Golf and managed litigation and other claims that grossed the company more than $2.4 million in twelve months. He also managed enforcement of the company's intellectual property rights worldwide, including in the Peoples Republic of China, Europe and Taiwan. In his current practice, Mr. Parker continues to represent Callaway Golf as an outside attorney.
Prior to joining Callaway Golf, Mr. Parker was an attorney at O'Melveny & Myers LLP from 1995 to 2001. While at O'Melveny, Mr. Parker handled trademark, trade secret, fraud, breach of contract, software and corporate control litigation.
Mr. Parker clerked for Chief Judge Gerald Bard Tjoflat of the U.S. Court of Appeals for the 11th Circuit from 1994 to 1995.
Practice Highlights:
Mr. Parker represented a major software developer in a lawsuit over a terminated software development project. In that litigation,
Mr. Parker was responsible for handling all phases of trial and preparation, including direct and cross-examination of material witnesses and experts during the ensuing two-month trial. The developer won a $43 million verdict against the State of California while successfully defending a billion dollar responsive claim.
Mr. Parker represented a corporation in a jury trial in which the plaintiff sought specific performance of an alleged oral agreement with a fellow shareholder. Mr. Parker successfully pressed a counter-claim by the corporation for breach of fiduciary duty.
Mr. Parker successfully represented a supplement manufacturer in patent litigation against a competitor with respect to competing product, obtaining a favorable settlement.
Mr. Parker successfully led the pre-litigation investigation regarding a counterfeiting ring and then led the legal team that obtained ex parte seizure orders against a wholesale distributor selling counterfeit goods of Mr. Parker's client. The seizure order also froze the wholesaler's bank accounts. Mr. Parker ultimately obtained a permanent injunction against that wholesaler enjoining it from any further sale of products bearing the marks of Mr. Parker's client without the client's written consent. As part of that process, Mr. Parker negotiated for and obtained over $1,000,000 in gross proceeds from the wholesaler and other retailers involved in the ring.
On behalf of a NYSE-traded client, Mr. Parker sued and identified an anonymous poster posting alleged defamatory messages on an investors' board.
In a series of cases for a company leasing computer hardware, Mr. Parker pursued claims for breach of computer leases against various defendants and defended claims of unfair competition (17200) invariably asserted in counter-claims. Mr. Parker's representation included appellate advocacy as well as numerous dispositive motions.
Mr. Parker represented an NYSE-traded company in defending allegations that a plaintiff had a partnership interest in the business that the client had acquired. Mr. Parker obtained a complete dismissal of the plaintiff's claims.
Mr. Parker represented a plaintiff pursuing fraud claims against three defendants in connection with their purchase of shares in a closely held company. Mr. Parker handled all phases of that litigation and pursued the final defendant in bankruptcy court, eventually obtaining a nondischargeable judgment.
In a dispute between two 50/50 shareholders of a company, Mr. Parker obtained a temporary restraining order and preliminary injunction prohibiting the waste of assets and preventing the controlling President and shareholder from further damaging the company. After obtaining the injunction, the shareholders were able to negotiate a standstill agreement that enabled the shareholders to sell the business for over $70 million.
Mr. Parker represented a minority shareholder of a closely-held company, seeking a temporary restraining order forcing the directors in power to run the business in the ordinary course of business and not waste its assets. After obtaining the TRO, Mr. Parker successfully won an order disqualifying the corporation's attorneys from representing other shareholders in the litigation, a key tactical victory that led to an early resolution.
Mr. Parker assisted a company whose shares were publicly traded on the OTC market in dealing with a fraudulent transfer agent who had issued additional fake shares of the company to line its own pockets. The case involved dealing with both the Securities Exchange Commission and the U.S. Attorney's Office, which prosecuted the transfer agent.
Mr. Parker evaluated and pursued the case against a software developer who had failed to successfully develop a custom accounting program for a school district.
Education and Related Activities:
Texas A&M University
- B.B.A. 1991, cum laude (Management)
- University Honors
- CBA Fellows Class VIII
- Aggie Corps of Cadets, 1987-91
Commanding Officer, Sq. 4, 1990-91
The University of Texas School of Law
- J.D., 1994, high honors
- Vice Chancellor
- Order of the Coif
- Texas Law Review, 1992-94
Articles Editor, 1993-94
Outstanding Articles Editor, 1994
Previous Employment:
Judicial Clerk, Chief Judge Gerald Bard Tjoflat of the U.S. Court of Appeals for the 11th Circuit, 1994-95.
Attorney, O'Melveny & Myers LLP, Newport Beach, California, 1995-2001.
Corporate Counsel, IP Enforcement and Litigation, Callaway Golf Company, Carlsbad, California 2001-04.
Professional Activities
Admitted, California
Admitted to Practice, U.S. District Courts for the Central, Southern, and Northern Districts of California; U.S. Court of Appeals for the Ninth Circuit
Member, Orange County Bar Association; American Intellectual Property Lawyers Association; American Bar Association, Federal Bar Association, Orange County Chapter
Member, Board of Trustees, Laguna Beach Education Foundation (SchoolPower).
Author, "After-Acquired Evidence: A State of Disarray," 72 T.L.R. 403.
Speaker, "What Your Clients Want to See and Hear" (2005); "Protecting and Avoiding the Misappropriation of Trade Secrets" (2006), American Corporate Counsel Association, Orange County Chapter.
Honors: Named as a Southern California "Rising Star" by Los Angeles Magazine (2005, 2006)
