Evan Borges is a trial attorney with more than 30 years of experience in complex business litigation matters. He maintains a national practice and has served as lead trial and litigation counsel in cases pending in state and federal courts across the United States.
Mr. Borges has litigated cases in a wide range of areas of the law, including securities and investments; fraud; business torts; financial institutions; lender liability; real estate; corporate governance disputes, buy-outs and dissolutions; shareholder and consumer class action litigation; private attorney general actions; state attorney general actions; federal agency enforcement actions; unfair competition; trade secrets; director and officer liability; bankruptcy; debtor-creditor relations; fraudulent conveyance; professional liability; insurance coverage and bad faith; environmental; employment litigation; and trust and probate litigation. His clients include public companies, private businesses, and individuals.
Mr. Borges began his career in 1987 in the litigation department of Gibson Dunn & Crutcher. In 1992, he was recruited by the Bass Organization of Fort Worth, Texas, joining a team of private-sector attorneys who, in conjunction with the FDIC, liquidated billions of dollars in assets and liabilities of the former American Savings and Loan Association. The liquidation involved bankruptcy, state and federal court proceedings, as well as assets, throughout the United States. American Savings remains the largest and costliest savings and loan failure in U.S. history.
Mr. Borges thereafter joined a boutique bankruptcy firm as partner and became head of the firm’s litigation department. In 2000, Mr. Borges joined Irell & Manella LLP, where he practiced law for 15 years. At Irell, Mr. Borges served as lead counsel in numerous high-profile, national cases pending in federal and state courts across the United States.
Practice Areas
- Bankruptcy Litigation
- Business Litigation
- Class Action Litigation
- Employment Litigation
- Financial Services Litigation
- Professional Liability Defense
- Real Estate Litigation
- Securities Litigation
- White Collar Defense
Education
- J.D., Yale Law School, 1985
- B.A., University of California, Berkeley, 1982;
- Phi Beta Kappa
Clerkship
- Law Clerk, Judge Juan R. Torruella, United States Court of Appeals for the First Circuit
Admissions
- State of California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- Supreme Court of California
Representative Matters
- Counsel to high net worth investor in action against managers and promoters of over $1 billion private equity fund. Obtained significant preliminary injunction preventing future capital calls to client. Action remains pending in New York.
- Obtained summary judgment, on behalf of national bank against guarantors of commercial loan, on fraud and breach of contract claims of over $40 million. Action pending in Central District of California.
- Obtained dismissal at the pleading stage of major malpractice action against regional law firm, based on intersection of state law and bankruptcy law. In separate matters, participated in defense of national law firms in various confidential matters.
- Obtained dismissal and resolution of intentional tort claims against high profile owner of technology business, without client contributing funds toward settlement.
- Represented investors in tax shelter limited partnership; prior to litigation, investment manager claimed clients entitled to no consideration and refused to negotiate; after litigation, obtained settlement valued in high seven figures involving transfer to clients of income generating multi-tenant apartment complex.
- Represented former CEO of public company who previously had signed settlement agreement with releases of unknown claims. Commenced binding arbitration alleging fraud and negligent misrepresentation involving change in control rights. After full hearing, defendant agreed to settlement valued in millions.
- Represented plaintiff investor in investment fraud, breach of fiduciary duty and securities action. After six week jury trial, client awarded full compensatory damages and punitive damages. Judgment affirmed on appeal.
- Obtained dismissal, based on anti-SLAPP motion, of over $20 million tort and contract claims against real estate developer client. Court also awarded client its attorneys’ fees.
- Represented member of high profile U.S. family in multi-state trust and probate litigation involving assets worth over $300 million and claims of intentional torts, competency, and undue influence. Obtained settlement favorable to client.
- Lead litigation and trial counsel for publicly traded national subprime mortgage lender, First Alliance Mortgage Company, in chapter 11 case heard by United States District Court. First Alliance, along with its directors and officers, had been accused of predatory lending and fraudulent business practices in a series of class actions, private attorney general actions, state attorney general actions, and a Federal Trade Commission action. Litigation lasted over 18 months. Structured and implemented settlement of all claims using hybrid class action and bankruptcy plan structures; settlement provides a template for resolution of mass tort claims by private and governmental plaintiffs.
- Lead litigation counsel for chapter 11 debtor, publicly-traded computer software company, Peregrine Systems, Inc. Peregrine had filed bankruptcy following federal indictments and guilty pleas of multiple directors and officers relating to false financial statements, sales and revenue reports. Litigated over $1 billion in claims asserted by hundreds of corporate and other claimants. Obtained adjudication and resolution of all claims in a manner that exceeded projections of debtor’s bankruptcy plan; creditors received payment in full; funds also distributed to equity holders in reorganized entity.
Professional & Community Activities
- Orange County Bar Association
- Association of Business Trial Lawyers
Awards & Recognition
- Named “Lawyer of the Year” for Banking and Finance Litigation in Orange County, Best Lawyers, 2022
- Named “Best Lawyer in America” for Commercial and Bankruptcy Litigation, 2019 – 2026
- Named “Best Lawyer in America” for Banking and Finance Litigation, Real Estate Litigation, and Securities Litigation, 2022-2026
- Named “Southern California Super Lawyer,” 2020
- Named “Lawyer of the Year” for Bankruptcy Litigation in Orange County, Best Lawyers, 2017