Business Litigation

Gross & Klein LLP represents businesses and individuals in a variety of business litigation matters. Such matters include disputes between current and former business associates, asset and business ownership disputes, shareholder litigation, merger and acquisition disputes, investment disputes, insurance coverage matters, vendor disputes, financing disputes, as well as natural resource access and licensing disputes. The firm also provides clients risk and cost management counsel in a variety of contexts.

The firm’s attorneys have represented both plaintiffs, defendants, and third parties in a broad range of often complex business litigation. In the process, they have achieved a strong record of success, as well as an understanding and appreciation of the different interests that clients bring to business litigation.

The firm has offices in San Francisco and New York. Its attorneys are admitted to the bars of California, New York and Vermont, and they actively practice in the federal and state courts of these states, as well as numerous in other jurisdictions by special admission. This flexibility as to forum is often an essential tool in complex business disputes.

Representative Cases

A sample of some of the recent business litigation cases handled by our attorneys:

  • New York State Supreme, Commercial Division – Recovered substantial confidential settlement in freeze-out suit on behalf of public company that was the seed investor and co-member in one of the country’s largest actively-traded ETF advisors.
  • Federal Court – Northern District of California/Ninth Circuit – Represent class of commercial fishermen in constitutional challenge to four California laws under which, for over two decades, nonresidents were charged several times as much as residents for certain types of commercial fishing permits, licenses and registrations. All four challenged laws were struck down on a successful motion for summary judgment. The State’s appeal of the summary judgment order was rejected by a Ninth Circuit panel.
  • California Superior Court – Represent former treasurer of association in defense of claims arising out of alleged embezzlement.
  • Texas State Court, Harris County – Won complete defense verdict on behalf of avionics manufacturer after jury trial.
  • Federal Court – Southern District of New York – Represented former executive in multi-district, consolidated securities class action arising out of hedge fund redemption related transactions. Achieved dismissal of executive from the suit at the pleading stage and successfully negotiated his final, complete, class-wide release from all claims and insurance coverage for civil and criminal defense.
  • California Superior Court – Represented startup in wrongful termination and wage and hour case in which the plaintiff sought $500,000 in damages. Attained zero dollar settlement during summary judgment briefing.
  • Federal Court – Central District of California - Represented an investor in an action brought by the Small Business Administration related to a Small Business Investment Company. Achieved settlement for small fraction of originally demanded amount.
  • New York State Supreme – Represented New York attorney in defense of action brought by South American claimants challenging distribution of proceeds from environmental litigation. Achieved complete dismissal on motion to dismiss.
  • International Arbitration – Represented defendant in International Center for Dispute Resolution (“ICDR”) arbitration involving claims of breach of contract related to sale of regulated pharmaceutical product.
  • California Superior Court – Represented guarantor in defense of claims arising out of an equipment lease financing arrangement. Resolved the case through a structured settlement worth a fraction of the demand.
  • Federal Court – Western District of Oklahoma – Recovered over $750,000.00 on behalf of a client in the aviation industry. Case settled after complaint was filed alleging fraud, conversion, and other business tort claims.
  • Federal Court – Vermont –Recovered over $900,000.00 on behalf of client after defendant’s motion to dismiss was defeated.