Business Litigation

Gross Klein PC represents businesses and individuals in a variety of business litigation matters. Such matters include commericial torts, 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 and New York, 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 the firm:

  • Burchell, et al. v. City of San Francisco, et al. — Successful prosecution, in San Francisco Superior Court, on behalf of approximately thirty commercial crabbers and fishers of property damage and business loss claims against the City of San Francisco and two security providers arising out massive fire on San Francisco Pier 45. Attained settlement of $6.2 million after successful motion practice regarding City’s defenses and substantial fact discovery.

  • Fund.com Inc. v. Advisorshares Investments, LLC – Successful prosecution of freeze-out claims, in New York Supreme Court’s complex division, on behalf of a seed investor in a financial services company. Attained a settlement worth over $5 million during the pendency of cross-motions for summary judgment.

  • Paskenta Band of Nomlaki Indians v. Crosby — Successful representation of Indian tribe in actions, in the Eastern District of California, against former executives, including the tribe’s former treasurer, arising from an over decade-long scheme to embezzle tens of millions of dollars from the tribe. Representation included close cooperation with the U.S. Department of Justice and resulted in criminal sentences of 57 months for two former officials and 41 months for another and the recovery of millions in restitution.

  • Crooked Goat Brewing v. Barlow Star — Successful prosecution, in Sonoma Superior Court, of claims by multiple businesses against their landlord for failure to provide legally required flood protection. The case settled for several million dollars after the firm’s defeat of a motion for summary judgment based on exculpatory provisions in client leases.

  • Cramer v. Elements Mountain Company — Successful prosecution, as co-lead counsel on behalf of a class of Tahoe Donner homeowners, of price-fixing claims, in Nevada County Superior Court, related to snow removal services. The case settled for several millions of dollars in consideration for class members.

  • Iness Solutions v. Cisco Systems — Successful defense of a former executive and his wife, in Santa Clara Superior Court, against claims by his former employer, Cisco Systems, arising out of alleged procurement misconduct. Working closely with the executive’s criminal defense attorneys, we leveraged the civil case to attain a highly favorable result for the executive in a related criminal proceeding in the Northern District of California and settled the civil claims by Cisco against the executive and his wife for very favorable terms.

  • Kwak v. French Laundry Partners — Successful prosecution, in JAMS arbitration, of freeze-out claims of a former partner of Thomas Keller and the French Laundry in a consumer products business. Arbitration award required return to our client of canceled interest in the venture; subsequent favorable confidential settlement reached.

  • In re Gerova Securities — Successful defense of former executive in multi-district securities class action, consolidated in Southern District of New York, arising out of hedge fund redemption-related transactions. Achieved dismissal of the 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.

  • Paskenta Enterprises Corporation v. Cottle — Successful prosecution, in the District of Utah, of fraud claims by a tribal business against a healthcare company and its former executive. The case resulted in a substantial settlement for the tribal business.

  • Hunt v. Martin — Successful representation of technology company founder in freeze-out litigation, in Delaware Chancery Court. The case resulted in the retraction of for-cause termination of the founder and return to him of ownership interest.

  • Behera v. Ark.com — Successful defense of wrongful termination and wage and hour claims originally seeking $500,000 in damages, resulting in zero-dollar settlement during the pendency of summary judgment briefing.

  • Huani v. Donziger — Successful defense of New York attorney in defense of action brought by South American claimants, in the Southern District of New York, challenging distribution of proceeds from environmental litigation. Achieved complete dismissal on motion to dismiss.