What He Does
Todd C. Bouton is a shareholder at Call & Jensen and a Harvard Law School alumnus. Mr. Bouton litigates and tries high-stakes business disputes in Southern California focusing primarily on banking and real estate disputes, partnership disputes, and trade secrets and unfair competition claims. He also has extensive experience defending managers accused of discrimination, harassment, or wrongful termination.
Why He Does It
Mr. Bouton believes in the law and that justice is not just for plaintiffs, but for defendants also. He believes that accusations of fraud, mismanagement, breaches of fiduciary duty, negligence, discrimination, harassment, or unfair treatment are serious matters that can (often unfairly and unjustly) threaten to unravel a person’s life’s work and (undeservedly) stain their personal and professional reputation.
Mr. Bouton likewise believes that all civil defendants—including bankers, financial professionals, managers, and other white collar employees—deserve the very best representation, and should not be (but sometimes are) targeted solely because of their success or wealth. Mr. Bouton enjoys litigation and has a passion for obtaining the best possible results for his clients—whether through strategic mediation and settlement negotiation, full-throttled motion practice, or a full blown trial. Many of Mr. Bouton’s clients have been financial institutions and executives facing seven to nine-figure claims imperiling careers, reputations, and livelihoods and high-level managers facing career-threatening accusations of discrimination or harassment. Mr. Bouton thrives on defending clients in such high-stakes situations.
What He Offers
Mr. Bouton is well educated. He obtained his Juris Doctorate degree from Harvard Law School in 2004. At Harvard, Mr. Bouton served as an Executive Editor for the Harvard Journal of Law and Public Policy and served as a volunteer assistant district attorney to gain real trial experience, in actual courtrooms. Before law school, Mr. Bouton received his Bachelor of Arts in English, summa cum laude, from Brigham Young University.
Mr. Bouton is well trained. After law school, he clerked for the Honorable William B. Shubb, a federal trial court judge on the United States District Court for the Eastern District of California. Obtaining such a clerkship is a high honor, generally reserved for elite law students with a passion for real-world training, who set aside a higher paycheck for a year or more to receive one-on-one mentoring and training from judges with years of experience who have usually ascended to the bench after long and distinguished legal careers. During his clerkship, Mr. Bouton gained decades worth of insight into how judges evaluate arguments and actually decide cases—insights that often evade longtime practitioners.
Mr. Bouton is experienced. For over 15 years, he has practiced law in Southern California. He has significant experience representing both plaintiffs and defendants in cases involving banking and commercial real estate disputes, misappropriation of trade secrets, partnership and business disputes, unfair competition, breach of fiduciary duty claims, employment disputes, class actions, and all varieties of complex litigation.
Mr. Bouton has taken or defended well over 100 depositions. He has written many winning legal briefs, often involving novel issues of law. And where necessary, and in his client’s best interest, he is willing to go, and has gone, all the way to trial.
Some of Mr. Bouton’s notable results include:
BANKING AND REAL ESTATE CASES
DISMISSAL OF $150 MILLION LENDER LIABILITY CASE.
Dismissal (in Mr. Bouton’s bank client’s favor) of Plaintiffs’ $150 million dollar fraud claim and related claims arising from failed development.
LENDER LIABILITY TRIAL: DEFENSE VERDICT.
Dismissal of Plaintiffs’ $10 million claims against Mr. Bouton’s bank client and Judgment for $4 million for Mr. Bouton’s bank client.
BANK ON BANK ARBITRATION: DEFENSE VERDICT.
Dismissal of Plaintiff bank’s $5 million claims against Mr. Bouton’s client. Judgment for $250,000 for Mr. Bouton’s bank client.
DETERMINATION OF ZERO LIABILITY FOR HIS CLIENTS IN $300 MILLION LAWSUIT
Early settlement (for his banking clients) of multi-defendant lawsuit where plaintiffs claimed over $300 million in damages. The modest settlement allowed his clients to exit the case for an insurance-funded costs of defense settlement after the Court determined, based on Mr. Bouton’s motion, that Mr. Bouton’s clients had “no liability”—because “their proportionate liability and proportionate culpability [were] zero.”
TRADE SECRETS CASES
FAVORABLE SETTLEMENT FOR FORMER EMPLOYER SUING COMPETITOR.
Favorable settlement for Plaintiff corporation in suit against a rival corporation accused of soliciting Plaintiff corporation’s employees and misappropriating its trade secrets.
FAVORABLE SETTLEMENT FOR FORMER EMPLOYEES.
Favorable settlement for former employees starting competing business.
FAVORABLE SETTLEMENT FOR NEW EMPLOYER.
Favorable settlement for new employer accused of trade secret misappropriation after hiring away employees from plaintiff corporation.
EMPLOYMENT DEFENSE CASES
SUMMARY JUDGEMENT IN MANAGER’S AND CORPORATIONS FAVOR IN DISABILITY DISCRIMINATION CASE INVOLVING CEMENT-MIXER TRUCK DRIVER WITH CHRONIC FATIGUE
Mr. Bouton and another attorney obtained summary judgment (a complete judgment for their clients before trial) on claims of disability discrimination and wrongful termination brought by a cement-mixer truck driver who admitted in deposition that he had chronic easy-fatigueability from his medical condition that made him “totally disabled from working,” and thus a danger to the public when behind the wheel of a 20,000-pound cement-mixer truck. Further, the judge made an almost unheard of ruling in favor of Mr. Bouton’s clients, finding the plaintiff’s claims to have been frivolous and unreasonable and awarding Mr. Bouton’s clients 100% of their attorney’s fees and costs—as defendants. For a defendant in an employment action in a California state court, such an award (and overwhelming victory) is extremely rare.
DISMISSAL OF WAGE AND HOUR CLAIMS AGAINST MANAGER
Based on Mr. Bouton’s motion, the Court dismissed all wage and hour claims against the defendant manager.
SETTLEMENT OF SIX-PLAINTIFF LAWSUIT FOR RACIAL DISCRIMINATION
After depositions taken by Mr. Bouton and others that undermined the plaintiffs’ highly charged claims of racial discrimination, Mr. Bouton’s clients were able to (reasonably) settle the claims against the management of a blue-collar energy company.
OTHER NOTABLE CASES
MULTIMILLION DOLLAR PARTNERSHIP DISPUTE.
After two-week arbitration, obtained favorable settlement for law partner in eight-figure dispute with former partners. Details are confidential.
$500,000 SETTLEMENT IN FRAUD CASE (IN FAVOR OF MR. BOUTON’S CLIENT).
Details are confidential.
PRO BONO TRIAL WORK
Mr. Bouton is a member of the Pro Bono Civil Rights Panel in the United State District Court for the Central District of California. In order to give back and to continue to hone his trial skills, he volunteers to try cases for free on behalf of prisoners claiming violations of their constitutional rights.
In one such case, Mr. Bouton represented a federal prisoner who claimed that during a dispute about the prisoner’s meal, several correctional officers repeatedly slammed the prisoner’s hand in the food slot of his cell, cutting open his hand. After the prisoner was injured, received medical treatment, and reported the incident to the medical professional who treated him, the correctional officers sent the prisoner to the special housing unit and then shipped him off to another prison (within a few days). After the transfer, the videotape of the incident was conveniently taped over. After Mr. Bouton was appointed to represent the prisoner, Mr. Bouton was able to reopen discovery, and then, after deposing several correctional officers and inspecting his client’s former prison cell, Mr. Bouton was able to negotiate a favorable settlement for his client.