Biography
Rosario Vizzie represents developers and general contractors, as well as subcontractors and product manufacturers in construction defect litigation. As a commercial litigator and trial lawyer, Rosario has significant experience handling complex corporate disputes, focusing on public entity and general liability, real estate, construction, products liability, M&A, intellectual property, and financial services litigation. Rosario has represented Fortune 500 and high net worth clients in “bet the company” and high-stakes cases to defend claims based on earn-outs, representations and warranties, shareholder agreements, government investigations, and indemnity agreements. He has worked closely with top corporate lawyers and clients who sought early litigation counsel, both before and after an acquisition or merger closes, in order to salvage deals, protect against losses, and prepare for anticipated litigation.
Rosario has obtained successful results for clients at trials and arbitrations involving the misappropriation of a breakthrough portable kidney dialysis device, breach of technology agreements for a cutting-edge remote server access system, company directors’ fraudulent acts in a multi-million dollar predatory lending action, and the cancellation of forged title documents involving fraud claims to convert bank-owned properties. As lead trial attorney, Rosario has obtained highly favorable outcomes in a broad range of claims involving general liability, real estate, construction, residential foreclosure, fraud, breach of fiduciary duty, RICO, breach of contract, violations of California’s Unfair Competition Law, allegations of statutory violations (e.g., TILA and RESPA), and negligence.
Rosario has been responsible for managing all facets of litigation from pre-litigation to the filing of a complaint through trial in defense of major companies throughout California federal and state courts; has argued numerous dispositive motions on demurrers, motions to dismiss and for summary judgment; and has successfully handled numerous settlement negotiations at mediations, arbitrations, and settlement conferences. Rosario also has significant experience representing clients on appeals, including drafting opening or respondent’s briefs and handling the oral arguments in state appellate court on behalf of two global top ten banking institutions.
With an established Commercial Litigation and Construction Law practice, Rosario fully understands complex claims and defenses, regularly evaluates complicated coverage issues, and collaborates with clients to investigate and defend claims from pre-litigation demand through trial. Through gained experience, Rosario has worked closely with senior management, in-house counsel, and other clients to formulate practical strategies to resolve litigated and non-litigated matters efficiently.
Rosario also previously worked as Senior Assistant Counsel to New York State Governor George E. Pataki, for whom he worked as the youngest appointed counsel to the Governor in New York history at the time.
Originally from New York, Rosario presently resides in Los Angeles. When not helping clients with their legal needs, he spends time traveling, golfing and playing tennis with his wife and two sons, enjoying historical fiction, and representing children in adoption and guardianship cases via The Children's Rights’ Alliance.
Representative Experience
- Lead trial counsel in victory at trial for a major national bank against a group of individuals who forged title documents and assumed fake aliases in an elaborate scheme to divest ownership of valuable residential properties.
- Lead trial counsel in a decisive win for a top computer hardware manufacturer against a developer in a technology misappropriation action involving valuable rights to innovative remote database access systems.
- Second chair trial counsel in the successful defense of predatory lending, fraud, and elder abuse claims in a scorched-earth real property action brought against a well-known, national thrift lender.
- Second chair trial counsel in the winning prosecution of infringement, misappropriation and fraud claims of a Beverly Hills medical group to recover valuable rights in breakthrough kidney dialysis and filtration technologies.
- Obtained a decisive victory for an Indian technology company in recovering millions of dollars for unpaid services arising from consulting operations abroad performed for major international clothing retailers.
- Successfully navigated the dismissal of all claims on behalf of a major international hotel chain in a multistate consumer fraud investigation by the State Attorneys General into the company’s web-based reservation and other business practices.
- Represented a high net worth business magnate in an action for the recovery of several luxurious Bel Air residential properties in a contentious, high-profile real estate fraud case against his family members based in Asia.
- Obtained favorable settlements for the former chief product developer of a major American multinational consumer electronics and mobile phone manufacturer in multi-million-dollar easement and property rights disputes.
- Successfully represented a top international telecommunications provider in an action against a web-based data repository company for unfair business practices, fraud, and breach of commercial contracts.
- Successfully defended several major international hotel and department store chains in the defense of premises and other general liability claims;
- California counsel to the largest federally designated organ procurement company in the United States in litigation and in various non-litigation matters.
- Obtained favorable settlement for Malibu-based drug and alcohol recovery and treatment centers in claims trademark, trade dress and unfair competition brought by a leading yoga apparel and lifestyle chain.
- Provided intellectual property defense to national distributor of muscle therapy and related products against trademark, trade dress and unfair competition claims by a leading international manufacturer in the industry.
- Successfully represented a U.S. distributor (as defendant and cross-claimant) in an international dispute against an international manufacturer of nutritional supplements and vitamins.
- Successfully represented a top global machinery and parts reseller in the recovery of millions of dollars in converted equipment against several rogue distributors and sales agents.
Education
- Syracuse University College of Law (J.D., cum laude, 1995)
- Editor, Syracuse Law Review
- Le Moyne College (B.A., magna cum laude, 1992)
Bar Admissions
Courts
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
Professional Affiliations
- American Bar Association (ABA)
- Los Angeles County Bar Association (LACBA)
Presentations
- Co-Presenter, “Deposition Techniques During the COVID-19 Pandemic” (Presented to California offices for 2020)
- Author and Presenter, “Common Malpractice Pitfalls” (Webinar presented to California offices for 2016-2019)
- Panelist, Annual Conference of Professional Liability In-House Firm Counsel for Southern California (Hosted by ALAS for 2017-2019)
- Co-Author and Presenter, “Enforceability of Waiver of Automatic Stay” (Webinar presented to attorneys and clients for 2016)
- Co-Author and Presenter, “Fraudulent Conveyance Basics and Avoiding Post-Closing Litigation Challenges to An Asset Sale” (Webinar presented to attorneys and clients for 2016)
- Co-Presenter, “Litigation Issues Arising From M&A Transactions” (Webinar presented to attorneys and clients for 2016)
- Co-Author and Presenter, “Litigating Indemnities, Representations and Warranties” (Webinar presented to attorneys and clients for 2015)
- Author, “Electronic Discovery: Preparing for Changes to the Federal Rules of Civil Procedure” (Presented to attorneys for 2006-2007)
- Author, “The Push for a Federal Ban on Internet Gaming: Legislation On The Move” (Speech for PLI Conference on Internet Gaming in Toronto, Canada for 2003)
- Author, “Survey of State and Local Anti-Terrorism Initiatives” (Speech for 2002 speaker series at University Synagogue in Brentwood, California)
- Organizer and Host, “Meet the Candidates: A Political Roundtable Discussion” (Series of lectures and fundraisers involving state political candidates for 2002)