- University of California, Berkeley (Boalt Hall) (J.D., 1976), Order of the Coif; Associate Editor of the California Law Review; Extern for the Honorable James R. Browning of the United States Court of Appeals for the Ninth Circuit
- University of California, Berkeley (A.B., 1973), Phi Beta Kappa
Mr. Wiles is partner emeritus in the Los Angeles office of Irell & Manella LLP, with general business litigation experience, specializing in representation of large U.S. and foreign corporate clients, including the lead role in multi-million dollar litigation arising from proxy contests, corporate acquisitions, insurance insolvencies, corporate reorganizations and labor/management disputes. Mr. Wiles has extensive experience litigating and counseling in the antitrust and trade regulation fields. Mr. Wiles' practice includes a full spectrum of clients in the pharmaceutical, computer and entertainment industries. Prior to joining Irell & Manella in 1979, Mr. Wiles was with the firm of Wilmer, Cutler & Pickering where he worked on securities and antitrust litigation, antitrust counseling in the aerospace, computer and periodicals distribution industries and represented the World Bank in a successful suit to establish immunity from U.S. anti-discrimination laws.
Mr. Wiles has been selected multiple times for inclusion in The Best Lawyers in America.
In Re Storage Technology. Represented Storage Technology in successfully defeating a $600 million tax claim filed by the United States in client's Chapter 11 reorganization proceeding. Led a team of Irell & Manella tax lawyers and litigators and 20 to 30 experts, accountants and corporate managers in bringing to trial 21 complex issues, 7 of which each exceeded $50 million in dispute. At trial, the client conceded $20 million of liability, and the court found the client owed only $23 million. Over the succeeding three months, Mr. Wiles was the lead negotiator in complex settlement negotiations in Washington with the highest officials in the Tax Division of the Department of Justice and the litigation section at the National Office of the IRS. At the end of the three-month period, the client settled the case for $35 million. As a result, the client was able to implement a successful plan of reorganization.
Hollywood Park Operating Co. v. R.D. Hubbard. Irell & Manella represented R.D. Hubbard in his successful proxy fight to gain control of the Board of Directors of Hollywood Park. Mr. Wiles and one other partner from the firm's transactional workgroup led an interdisciplinary team of lawyers that successfully planned the clients' strategy and defeated the company's efforts in court to block Mr. Hubbard's proxy contest.
MGM/UA Entertainment Co. v. Transamerica Corporation. Represented Transamerica in a $50 million lawsuit arising from its sale of United Artists Corporation to MGM/UA. The lawsuit concerned intercompany accounts between Transamerica and UA arising from the inclusion of UA in Transamerica's consolidated federal income tax returns. Eventually, Mr. Wiles led the client's negotiating team, and the client was able to achieve a settlement pursuant to which MGM/UA abandoned its position in the case and agreed to an extremely complex tax-sharing arrangement in exchange for early repayment of an interest-bearing loan.
Edward A. Neubauer v. NEC Electronics, Inc., et al.; Thomas McDannold v. NEC Electronics, Inc., et al. Represented NEC Corporation and its U.S. subsidiary in multi-million dollar suit filed in federal district court in San Jose by dissatisfied American managers alleging that NEC was "Japanizing" its U.S. subsidiary in violation of promises to give authority to American executives. Successfully presented client's case to independent arbitration panel that the plaintiffs should be fired, revamped the client's employment agreements with remaining executives to protect it from similar lawsuits by others and subsequently settled the case for a small fraction of previous settlement demands after court made clear that, despite having impanelled a jury, it intended to dismiss the case.
BCP Fox Hollow, LLC et al v. Alpha III, Inc. et al. Represented Boston Capital Partners and its affiliates in a seven week trial in 2004 arising out of a dispute over the development of a low income housing project in San Diego, California. Successfully headed a team that defeated claims for breach of fiduciary duty by the developer of the housing project against Boston Capital and secured a $3.5 million judgment in favor of Boston Capital on account of the developer's breach of contract.
Accuchex Corporation v. Rapid Payroll, Inc. and Paychex, Inc. et al. Represented Paychex and its subsidiary, Rapid Payroll, in a dispute over Rapid Payroll's cancellation of licenses to software used in the payroll processing business. Irell & Manella took over representation of the defendants in this and 14 related cases on the eve of trial. Mr. Wiles helped develop the clients' strategy in the pending cases and was part of a team that achieved a successful result after a two week trial in 2005 in Los Angeles Superior Court in the first of the cases tried by Irell & Manella.
Representative Antitrust Cases
Tessera v. Micron and Infineon. Successfully prosecuted a section one case through to a settlement. The case involved a group boycott by the defendants of semiconductor packaging technology that they did not develop. Defeated summary judgment motions asserting that our client lacked standing to sue.
AIDS Healthcare Foundation v. GlaxoSmithKline plc. Represented GSK in defending an antitrust lawsuit claiming it had monopolized the market for anti-retroviral drugs used to treat persons with HIV or AIDS. The case settled before trial.
In re Copper Purchasers Antitrust Litigation. Successfully defeated a claim against JP Morgan & Co. that it had engaged in a scheme to fix or inflate the price of copper on world markets. The case arose out of a scandal in which a foreign bank had falsified copper trades and thereby driving up world copper prices. After all of the other defendants had settled, we convinced the court to refuse to certify a class and the plaintiff dropped its complaint.
Clayworth et al v. Pfizer, Inc. et al. Represented GSK in a lawsuit alleging that it and other pharmaceutical companies had conspired to fix the price of prescription drugs in violation of California's Cartwright Act. The trial court entered judgment for the defendants on the grounds that the plaintiff could prove no damages as it had been able to pass on 100% of any alleged illegal price increase it had paid. The case is currently on appeal.
Mr. Wiles has also litigated antitrust disputes on behalf of clients in the computer, periodical distribution and natural gas industries.
Member of the District of Columbia and California Bars; Member of the Litigation and Antitrust Sections of the California Bar
Bar & Court Admissions
- 1977, California, District of Columbia