Edward Totino

Biography

Edward D. Totino is a partner in the North America Securities Litigation Group of Baker McKenzie's Los Angeles office.

Practice Focus

Ed's practice focuses on class actions, complex commercial litigation and securities litigation. He represents a broad spectrum of clients including banks and other financial institutions, outsourcing companies, retailers and hotels. In recent years, Ed has defended numerous class actions brought under the Telephone Consumer Protection Act and the California Invasion of Privacy Act.

Representative Legal Matters

Prior to joining the Firm, Ed acted on the following matters:

Represented a wide range of defendants in more than a dozen class actions in both federal and state court alleging violations of California telephone recording laws.
Represented defendants in numerous federal court class and individual actions alleging violations of the Telephone Consumer Protection Act.
Represented the founder of a public company to recover damages caused by the company's interference with the founder's ability to sell his shares.
Defended a private investment fund from claims of securities fraud and insider trading.
Defended a securities broker-dealer in multiple proceedings involving auction rate securities including arbitrations and a class action.
Represented an SEC receiver in connection with recovering assets involved in a PONZI scheme.
Defended an international bank in a dispute over a EUR 500 million bond.
Represented a securities broker-dealer in a dispute over a USD 30 million collateralized debt obligation.
Defended numerous private investment funds and their advisors from claims of securities fraud and stock manipulation.
Represented an international bank in multiple actions arising from an international trade finance dispute.

Professional Honors

AV Rated by Martindale-Hubbell
Southern California Super Lawyer, Securities Litigation
Recipient, Burton Award for Legal Achievement, 2006
Recipient, Highly Commended Award, Emerald Literati Network, 2007

Admissions

California~United States
New York~United States
U.S. Court of Appeals, Ninth Circuit~United States
U.S. Court of Appeals, Second Circuit~United States
U.S. District Court, Central District of California~United States
U.S. District Court, Eastern District of California~United States
U.S. District Court, Northern District of California~United States
U.S. District Court, Southern District of California~United States
U.S. District Court, Southern District of New York~United States
U.S. District Court, Eastern District of New York~United States

Education

Cornell Law School (JD, magna cum laude, Order of the Coif) (1993)
University of Southern California (BA International Relations, magna cum laude) (1990)
University of Kent at Canterbury (Diploma, with merit) (1989)

Languages

English

Presentations

Presenter, "Class Actions," Los Angeles County Bar Association Nuts & Bolts Program for New Lawyers, 2009-2012

Presenter, "Anatomy of a TCPA Class Action: Defense Strategies," Lawline Online CLE Course, 8 October 2015

Publications

Co-author, "Privacy decisions illustrate divergent approaches to statutory interpretation," Daily Journal, 26 July 2021

Author, "Appellate ruling gets 2-star review for interpretation of the CIPA," Daily Journal, 29 October 2020

Author, "Call-Recording Privacy Class Actions At Crossroads In Calif.," Law360, 20 April 2020

Co-author, "What's At Stake In High Court TCPA Case," Law360, 10 April 2020

Co-author, "Insight: SEC's Use of Disgorgement in Limbo as Supreme Court Ponders Issue," Bloomberg Law, 12 February 2020

Co-author, "Will the SEC Lose Its Teeth?: The Consequences Of Wielding Disgorgement As A Penalty," Law.com The Recorder, 28 January 2020

Co-author, "Fortress Decision Helps Temper Overzealous SEC Enforcement," Law360, October 2018

Co-author, "SEC Fires Warning Shot Against 'Short and Distort' Schemes," Law360, September 2018

Co-author, "COPPA: The Latest Chapter in Consumer Class Actions," Law 360, November 2017

Co-author, "Defending TCPA Class Actions in the Wake of Spokeo," Law360, October 2016

Co-author, "Misguided attempt to fix privacy act," Los Angeles Daily Journal, 6 April 2016

Co-author, "Bill will not provide relief for businesses recording calls," Daily Journal, 1 June 2015

Co-author, "Are you TCPA compliant," Thomson Reuters Legal Solutions

Co-author, "Crunching the numbers: Courts square off over the Telephone Consumer Protection Act," Financier Worldwide, April 2015

Co-author, "Sensible call recording litigation," Daily Journal, 22 August 2014

Co-author, "Does 'Consent' Survive Cellphone Number Recycling?" Law360, 29 July 2014
Co-author, "Call Recording Class Actions," Los Angeles Daily Journal, 16 June 2014

Co-author, "An NSA-made Defense," Los Angeles Daily Journal, 30 September 2013

Co-author, "This Call May Be Recorded for Quality Assurance Purposes...The Cost of Not Complying with State Privacy Laws," Internet Telephony, March 2013

Co-author, "Potential Privacy Pitfalls: Avoiding California Privacy Act Violations When Using New Technology," Westlaw Journal, Computer & Internet, Volume 30, Issue 19, 22 February 2013

Co-author, "Calif. Call-Recording Cases: What To Watch For In 2013," Law360, January 22, 2013

Co-author, "A Multimillion-Dollar Trap: Recording Customer Service Calls," Connections Magazine, September 2010

Co-author "Endorsing Garentberg in Jones v. Harris Associates,"Law360, 16 April 2010

Co-author, "Recent developments in hedge fund enforcement and regulation by the SEC under the leadership of Chairman Cox suggest that he may not be the free market advocate everyone once thought he was," Journal of Investment Compliance, Volume 7, 4 November 2006

Co-author, "Litigation Strategies: Managing Litigation Risk and Addressing Other Investor Concerns," PIPEs Revised and Updated Edition, Bloomberg Press 2006

Co-author, "New SEC Rules Change Regulation of Short Sales," Andrews Securities Litigation & Regulation Reporter, Volume 10, Issue 13, November 3, 2004, p. 18

Co-author, "Short Sales: New Rules and Recent Enforcement Actions," The Journal of Investment Compliance, Winter 2004, Volume 5, Number 3, p. 9