Alan Wechsler is a senior attorney in the Business Litigation; Intellectual Property Litigation; Trade Dress, Design Patents and Product Clearance; and Trademarks, Advertising and Brand Management Practice Groups in the Orange County office of Haynes and Boone, LLP. His practice focuses on all aspects of complex commercial and business litigation in both state and federal courts, as well as trademark and trade dress infringement litigation. Alan has experience with a wide range of matters, including commercial contract disputes, business torts, unfair competition, trade secret misappropriation, fraud, insurance coverage and bad faith, real estate development disputes, construction disputes, landlord/tenant disputes, judgment enforcement, bankruptcy, and complex business litigation.
- Represented Mixed Chicks, maker of premium hair care products, in a trademark and trade dress infringement trial (second chair) against the world's largest retailer of professional beauty supplies. Obtained a jury verdict for Mixed Chicks, on all claims and including actual and punitive damages, of more than $8.1 million. The jury verdict included a finding of willful infringement. In connection with a settlement shortly after the successful verdict, Mixed Chicks received $8.5 million from the defendant. The defendant also discontinued the sale of its products at issue in the case after the verdict.
- Represented a major home developer in case tried to verdict regarding parties' respective obligations under option and construction agreements arising out of the financing and development of residential housing development.
- Obtained summary judgment for a bank in its action against a developer/borrower and guarantor relating to construction for a detached condominium project.
- Represented national provider of contract nursing and physician services in contract indemnity litigation with hospitals.
- Successfully negotiated resolution of claim for breach of stock purchase agreement in connection with sale of Orange County technology company.
- Represented high-wealth individual in litigation through trial against contractor regarding payment and performance for installation of customized home automation system.
- Represented major U.S. insurance company in coverage dispute arising out of groundwater contamination action.
- "U.S. Supreme Court Says 'Enough, Already' -- Nike's Broad Covenant Not To Sue Mooted Its Competitor's Cancellation Counterclaim," co-author with David Bell, Intellectual Property Today, April 3, 2013.
- "Shareholder & LLC Member Suits: Direct or Derivative", ABTL Report Orange County, Vol. VIV No. 3, Fall 2007.
- "Consequences of Using Outside Service Providers for Business-Related E-Mails: The Stored Communications Act And The Potential Impact of O'Grady," ABTL Report Orange County, Vol. X No. 2, Summer 2008.
- Orange County Bar Association, Business Litigation Section
- American Bar Association, Litigation Section
- Association of Business Trial Lawyers (ABTL)
- Federal Bar Association, Orange County Chapter
Selected Representative Experience
Mixed Chicks LLC v. Sally Beauty Supply LLC, United States District Court for the Central District of California, Southern Division
Won a jury verdict for trademark and trade dress infringement against Sally Beauty Supply for a total of $8,114,535 in actual and punitive damages on behalf of Mixed Chicks LLC, maker of the MIXED CHICKS® line of premium hair care products. Within 30 days of the jury verdict the defendant chose to settle the case by paying Mixed Chicks $8.5 million. The defendant was represented by an AmLaw 100 firm throughout the case. Both sides presented likelihood of confusion survey testimony of nationally-known survey experts at trial.