Kristopher P. Diulio is an associate in Gibson, Dunn & Crutcher LLP’s Orange County office and a member of the firm’s Litigation Department. Mr. Diulio’s practice is dedicated to complex commercial litigation, with an emphasis on securities and derivative litigation, merger and acquisition related litigation, and false claims act litigation.
Mr. Diulio has represented corporations and individuals in all aspects of high stakes litigation, from motion practice and discovery to trials and appeals. He has represented clients from many industries, including proprietary education, pharmaceuticals, health care, medical devices, home building, accounting, and banking. Mr. Diulio was recognized as a Rising Star in years 2009 through 2012 by Southern California Super Lawyers Magazine and Los Angeles Magazine.
A native of Orange County, Mr. Diulio is a member of the Boards of Directors for the Orange County Youth Sports Foundation and for the Providence Park Community in Costa Mesa. In addition, he dedicates significant time each year to pro bono matters. Mr. Diulio has also served as a volunteer Deputy District Attorney through the Orange County District Attorney’s Trial Attorney Partnership program.
Prior to joining Gibson Dunn, Mr. Diulio was a law clerk to the Honorable Christine O.C. Miller of the United States Court of Federal Claims in Washington, DC. Mr. Diulio graduated cum laude and Order of the Coif from Loyola Law School in 2003, where he was an Articles Editor for the Loyola of Los Angeles Law Review. He was also a member of the Byrne Trial Advocacy Team and a participant in the Vis International Commercial Arbitration Moot in Vienna, Austria. He received a Bachelor of Business Administration degree from the University of San Diego in 1999.
Mr. Diulio is admitted to practice in the State of California, the District of Columbia, and before various federal trial and appellate courts.
Representative Cases
Securities Fraud Litigation
Apollo Group, Inc. (alleged failure to disclose adverse government report)
Fleetwood Enterprises, Inc. (alleged failure to disclose impending bankruptcy)
ITT Educational Services, Inc. (alleged failure to disclose illegal activities)
Standard Pacific Corp. (alleged failure to disclose negative business trends)
The Williams Companies (alleged failure to disclose financial results of energy trading)
Derivative and Merger & Acquisition Litigation
Allergan, Inc. (alleged breach of fiduciary duties arising out of $600 million settlement of claims by the U.S. government and qui tam relators alleging improper off-label marketing)
Apollo Group, Inc. (alleged mismanagement involving illegal recruiter compensation)
Beckman Coulter, Inc. (alleged breach of fiduciary duties stemming from FDA regulatory action)
I-Flow Corporation (alleged breach of fiduciary duties in connection with merger transaction)
ITT Educational Services, Inc. (alleged failure to prevent illegal business practices)
False Claims Act Litigation
ITT Educational Services, Inc. (alleged failure to comply with incentive compensation regulation)
St. Joseph Health Systems (alleged failure to reimburse Medicare)
University of Phoenix (alleged failure to comply with recruiter incentive compensation regulation)
Miscellaneous Litigation
PricewaterhouseCoopers LLP (alleged intentional and negligent misrepresentations in connection with errors in a client’s financial statements discovered following a private equity transaction in which PwC provided non-audit consulting services to the selling side)
UBS AG (alleged fraud and account mismanagement claims from a former client after the former client pleaded guilty to hiding from the IRS $200 million in undeclared foreign accounts)