Formerly with Gibson, Dunn & Crutcher LLP, Mr. Toffer became a partner with Finlayson Toffer Roosevelt & Lilly LLP in 2010. Mr. Toffer was named a “Rising Star” by Super Lawyers® in 2012.
Mr. Toffer has focused his practice on commercial litigation and has handled a wide variety of matters both large and small. Mr. Toffer has represented corporations and individuals in general contract and tort disputes, real estate and lease disputes, unfair debt collection and credit reporting claims, employment-related disputes, consumer class actions, securities fraud class actions, individual investor disputes, partnership disputes, antitrust litigation, criminal and regulatory investigations and False Claims Act litigation. Mr. Toffer prides himself on providing effective and efficient advocacy for his clients.
Mr. Toffer has significant courtroom experience and has represented clients in complex trials in both state and federal courts. Representative trials and arbitrations include:
- Mr. Toffer represented a corporate client in a five-day arbitration against Respondent entities that controlled the Mall of America, helping win a multi-million dollar termination fee, plus attorneys’ fees and costs for the client.
- Mr. Toffer represented a corporate client in a six-week trial in California state court involving false advertising and an antitrust conspiracy, resulting in a jury verdict of $46 million for the client.
- Mr. Toffer represented a large corporate client and individual executives in a complex, cutting-edge securities fraud class action lawsuit that resulted in a lengthy trial in the United States District Court for the District of Arizona.
- Mr. Toffer represented individual and corporate clients in a four-day arbitration involving a partnership dispute, which resulted in an arbitration award of nearly $1 million dollars for his clients, including a significant award of attorneys’ fees and costs.
- Mr. Toffer spent two months in the Trial Attorney Partnership program with the Orange County District Attorney’s Office where he successfully prosecuted two trials and argued numerous preliminary hearings and other evidentiary matters.
Other representative matters include:
- Callison Architecture, Inc. v. Anaheim GW, LLC and Insurance Company of the West. Represented defendants and cross-complainants in litigation alleging breach of contract, negligence and negligent misrepresentation surrounding the construction of the Anaheim GardenWalk.
- Fairley v. Fleetwood Enterprises, Inc. Represented the defendant in a consumer class action alleging misrepresentations concerning the ability of motor homes to safely tow vehicles.
- Hansult v. T-Mobile USA, Inc. Represented the defendant in a consumer class action regarding disclosures for mail-in rebates.
- Martinet v. T-Mobile USA, Inc. Represented the defendant in a consumer class action regarding disclosures of upgrade fees.
- Hendow v. University of Phoenix. Represented the defendant in a complex False Claims Act case.
- Mendenhall v. Phillips. Represented the defendants in merger and acquisition litigation alleging that the board failed to secure an adequate price, conducted an auction process that would not result in maximizing shareholder value and failed to provide adequate disclosures.
- Lifschitz v. NextWave Wireless, Inc. Represented defendants in a securities fraud class action.
- Patel v. Parnes. Represented defendants in a securities fraud class action.
- In re ITT Educational Services, Inc. Securities Litigation. Represented defendants in a securities fraud class action.
- In re Ashworth, Inc. Securities Litigation. Represented defendants in a securities fraud class action.
Mr. Toffer earned his law degree in 2002 from the University of California, Davis School of Law, where he was a member of the Order of the Coif and Articles Editor of the U.C. Davis Law Review. He earned a Bachelor of Science degree in 1999 from Miami University, where he double-majored in Accounting and Finance.
Memberships & Affiliations
Mr. Toffer is a member of the California bar and has been admitted to practice before the United States District Court for the Northern, Southern, Eastern and Central Districts of California and the Ninth Circuit Court of Appeals.
Mr. Toffer currently serves on the Board of Directors for the Orange County Bar Foundation.