- Commercial Litigation
- Class Actions
- White Collar Criminal Defense
- Criminal Defense
With over two decades of experience and nearly 100 cases to jury verdict, Kay Rackauckas has earned a reputation as a leading trial attorney. Kay began her legal career 23 years ago in the Orange County District Attorney’s Office where she spent 12 years prosecuting criminal cases. She was one of its most respected prosecutors, and was assigned to several of the most prestigious trial units.
In 2004 Kay entered private practice as a criminal defense attorney, bringing with her an unparalleled perspective on criminal prosecutions. Her negotiation and trial skills have made her one of the most effective defense lawyers in Southern California. She has handled all types of cases but emphasizes white-collar criminal defense.
Kay has extended her practice to include civil litigation. In 2013, she was co-lead plaintiff counsel on a business fraud trial which resulted in a jury award of $3,375,798.71 in economic and $1,465,528.04 in punitive damages. In 2009 and 2011, Kay was on the trial team with Jennifer Keller (who was lead counsel) in two major civil cases. In 2011, she worked with Ms. Keller in the retrial of the epic doll battle Mattel v. MGA, in which MGA was defending against copyright infringement and trade secret misappropriation claims and prosecuting its own trade secret misappropriation action against Mattel. The jury rejected all of Mattel’s claims of copyright infringement and trade secret misappropriation and awarded $85,000,000 in damages to MGA Entertainment; the judge added another $85 million in punitive damages. (Although the judgment was reversed on appeal, the client’s $139 million attorneys’ fee award remained.) In 2009, Kay worked with Ms. Keller in a business fraud trial in which the jury awarded $350 million, the largest jury verdict in California that year.
Kay is listed in the elite “The Best Lawyers in America®” in both white collar and non-white collar criminal defense. Kay’s versatility as a trial attorney and skilled negotiator gives her clients a multi-dimensional advocate who can quickly assess their case and devise a winning strategy.
HONORS AND AWARDS
- OC Metro Magazine, Orange County’s Top Lawyers for 2013 (criminal defense)
- Listed in The Best Lawyers In America®, S. Naifeh & G. Smith (2011-14), White Collar and Non White Collar Criminal Defense
- National Trial Lawyers Association, Top 100 Trial Lawyers in California (2011-2013)
- California Lawyer Magazine, 2012 Lawyers of the Year, Honorable Mention (Litigation)
- Martindale-Hubbell Bar Register of Preeminent Lawyers (2009-2013)
- Outstanding Prosecutor, Orange County District Attorney (1995)
- In 2013, Kay was co-lead counsel for plaintiff in a business fraud trial. The jury awarded $3,375,798.71 in economic and $1,465,528.04 in punitive damages. Larian v. Talassazan, LASC-Santa Monica
- Team member for MGA in the 2011 retrial of Mattel v. MGA. Our client was defending against copyright infringement and trade secret misappropriation claims and prosecuting its own trade secret misappropriation claims. The jury rejected all of Mattel’s claims of copyright infringement and trade secret misappropriation and awarded $85,000,000 in damages to MGA Entertainment (although the award to MGA was reversed on appeal, the defense verdict on all of Mattel’s claims remains, and a $137,000,000 attorneys’ fee award also remains). Mattel v. MGA Entertainment, USDC-Central District of California.
- In 2009, represented client on a case that resulted $350 million verdict in a business fraud trial. This was the largest jury verdict in California for 2009. Auerbach Associates v. Daily, LASC
- Represent the former chief of gastroenterology at a major Southern California hospital, and professor of medicine at UCLA, on an indictment alleging conspiracy to commit insurance fraud. District Attorney alleges fraud was in excess of $100 million.
- In same case listed above, represented physician in action by the state Attorney General to suspend client’s license to practice medicine. Motion was denied.
- Represent the principal of an investment company in a District Attorney investigation into a $54 million Ponzi scheme and sale of unlicensed securities.
- Represented the president of an appraisal company charged with conspiracy to commit mortgage loan fraud and identity theft. District Attorney alleged fraud in excess of $50 million.
- Represent former mortgage loan officer charged with conspiracy to commit mortgage loan fraud and theft. District Attorney alleges loss in excess of $10 million.