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Nathan Novak Senior Associate Los Angeles T +1 213 612 2409 E [email protected] ............................................................................................................... Practice Areas ● Complex Litigation & Dispute Resolution ● Financial Services Litigation Nathan Novak’s practice focuses on complex commercial and business litigation as well as labor and employment litigation, with particular emphasis on contract litigation, real estate litigation, litigation involving sophisticated finance, accounting or tax issues, and class actions. Honors ● Member, Georgetown Journal of Law and Public Policy Education ● ● J.D., Georgetown University Law Center, 2005, cum laude B.S.B.A., Finance and Accounting, Creighton University, 2002, summa cum laude Memberships ● State Bar of California ● Association of Certified Fraud Examiners, CFE #705195 Orrick Biography: Nathan Novak During law school, Nathan was a member of Georgetown’s Appellate Litigation Clinic, where he engaged in extensive appellate practice in the 4th U.S. Circuit Court of Appeals. Prior to attending law school, Nathan spent one year working as a financial analyst for Northern Border Pipeline Company in Omaha, Nebraska, evaluating energy infrastructure investment opportunities. Nathan is a Certified Fraud Examiner and an active member of the Los Angeles Chapter of the Association of Certified Fraud Examiners. Representative Engagements Nathan's representative matters include: Mark Dyne v. PricewaterhouseCoopers LLP. Defended Big Four accounting firm PricewaterhouseCoopers (PwC) in a nearly five-year-long litigation arising out of alleged professional negligence (malpractice) on the part of PwC accountants and tax advisers. Plaintiff, a ground-floor investor in Skype, alleged that PwC personnel were negligent in advising Plaintiff regarding structure and tax implications of a complicated international investment vehicle and that said negligence caused Plaintiff to pay ordinary income tax rates rather than capital gains rates on gain from the investment. Nathan served as second-chair trial counsel. After a 16-day jury trial in Los Angeles Superior Court, the jury returned a defense verdict after deliberating just two hours. (See media coverage in Law360). Karen Sun v. U.S. Bank Equipment Finance. Defended subsidiary of U.S. Bank in contract dispute and gender discrimination and harassment suit brought by one of its former salespeople. Plaintiff alleged that she was sexually harassed and discriminated against with regard to salary and incentive compensation on the basis of gender and alleged harassment by her direct supervisor, and that she was denied incentive 1 compensation for a deal she closed prior to leaving the company. Nathan served as second-chair trial counsel. After a seven-day trial, the court rendered a defense verdict on all tort claims. DHL. Served as counsel for international express mail and freight shipper DHL in dozens of actions. Defended DHL in class actions alleging that sale of DHL’s “Shipment Value Protection” (SVP) constituted the unlawful and unlicensed sale of insurance. In Wayne v. DHL Worldwide Express, won summary judgment on grounds that SVP was not insurance as a matter of law. California Court of Appeal affirmed by 2-1 vote. Also defended DHL in approximately 15 actions filed in various jurisdictions across the United States by DHL’s “resellers”—small and medium-sized freight and express mail forwarders who shipped their customers’ packages through the DHL network—when those resellers’ agreements with DHL were terminated as a result of DHL’s cessation of domestic freight and express services in 2008. Resellers throughout the United States alleged claims under contract, tort, and franchise law. Publications ● Author, " The Key To Educating Employees On The Effects Of Fraud," Law360, July 19, 2016 ● Author, "A Minor Subpoena Form Fix," Los Angeles Daily Journal, June 11, 2015 (online version as "Subpoena Form Places Unintended Burden on Some") ● Co-author, "What Japanese Companies Need to Know About the United States' Attorney-Client Privilege," JCA Journal, April 2014 Speeches and Programs ● "Handling E-Discovery in Complex Cases," Speaker, WestLegalEdCenter (webcast MCLE), February 29, 2016. ● "What Japanese Companies Need to Know About the United States’ Attorney-Client Privilege," Speaker, Orrick Library Series (Tokyo), May 21, 2013 Admissions ● Orrick Biography: Nathan Novak California 2