Prior pitch meeting gets Quinn Emanuel booted from wildfire litigation

LOS ANGELES -- A superior court judge disqualified Quinn Emanuel Urquhart & Sullivan LLP from representing plaintiffs in the Woolsey fire cases Thursday, agreeing confidential information Southern California Edison had shared in a pitch meeting could give the firm an advantage.

"The court does believe that attorney Kenneth Chiate was proceeding in good faith believing he and his colleagues from Quinn Emanuel weren't shown anything that was considered confidential material information, but that doesn't change the outcome," Judge William F. Highberger said.

Chiate, a partner at Quinn Emanuel, said the firm would appeal Highberger's ruling.

"We are surprised and disappointed, and we obviously disagree with the court's ruling today," Chiate said after the hearing. "We will pursue all avenues of appeal. Our clients won't ever be without counsel, and we know plaintiffs will be well represented by counsel in any event. For now, we're going to discuss matters with our clients, then figure out where to go from here."

Quinn Emanuel discussed wildfire litigation strategy, including the merits of an inverse condemnation defense, during a pitch meeting with Edison about cases from another wildfire, the Thomas fire that raged for a month in December 2017 and January 2018 in Ventura and Santa Barbara counties. Quinn Emanuel was not selected to defend Edison in those cases.

The firm, which had defended other utilities in wildfire litigation, then switched sides and teamed with plaintiffs' firm Engstrom, Lipscomb & Lack LLP to represent victims of the Woolsey fire, a November 2018 blaze in Ventura and Los Angeles counties.

Hueston Hennigan LLP, which is defending Edison in the Woolsey and Thomas fire litigations, argued at Thursday's hearing that Quinn Emanuel owed a duty of confidentiality to Edison even though the utility decided not to hire the firm.

Moreover, Doug J. Dixon, a partner at Hueston Hennigan, argued that Edison and Quinn Emanuel's former and current clients -- Pacific Gas & Electric Co. and San Diego Gas & Electric -- all share common interests in developing strategies used in wildfire litigation, one of which includes the critical issue of inverse condemnation.

"Quinn Emanuel's involvement has been extensive. Look at Kenneth Chiate's bio. Wildfire defense is a critical part of his practice and he's advertised as well to plaintiffs," Dixon said. "Quinn has really been the driving force of challenging inverse condemnation over the last 18 months, and continue to be today."

Chiate contended nothing Edison told him during any meetings or other communication was confidential or material to the current cases.

"What have they said that's confidential?" Chiate demanded. "We know [their] settlement philosophy. But what is it that [Edison] said that is material to the Woolsey fire that wasn't publicly known already and disclosed later in court filings?"

Edison said nothing about inverse condemnation strategy that wasn't known to Quinn Emanuel, Chiate said.

"We wrote books on inverse condemnation from motions to dismiss, writs, petitions and everything," Chiate said. "What's going to arm us for things we already know?"

A spokesperson said Edison "is pleased with the court's ruling, which ensures proper protection of SCE's confidential information while leaving parties who had retained Quinn Emanuel to be competently represented by Quinn's co-counsel, which was not disqualified."