Complex Civil Litigation
Gross & Klein LLP regularly represents businesses and individuals in complex civil matters in state and federal courts, from the very first stages of a dispute through verdict. The firm’s experience in these matters is broad, and includes, antitrust, consumer fraud, breach of contract, securities fraud, business ownership disputes, shareholder litigation, trade secrets, class actions, RICO, professional liability, merger and acquisition disputes, investment disputes, insurance coverage matters, and vendor disputes, among others.
Stuart Gross and Benjamin Klein, both former law clerks to federal judges, have represented plaintiffs, defendants, and third parties in a broad range of sophisticated, litigation, in trial, arbitration, as well as mediation settings. Throughout the life of a case, the team at Gross & Klein LLP continually reexamines strategy, adapting quickly and efficiently in order to ensure that our clients maintain a competitive advantage. Although skilled in the courtroom, our attorneys often win cases for clients by motions before trial, and are frequently able to achieve favorable outcomes early in the litigation process.
A sample of some of the recent complex litigation cases handled by our attorneys:
- Federal Court – Eastern District of California – Represent Indian tribe in pursuit of RICO, cybercrime, conversion, breach of fiduciary duty, and other claims against approximately twenty defendants, including the tribe’s former treasurer, high-ranking former tribal employees, as well as several banks and retirement service providers, arising from an over decade-long scheme to embezzle tens of millions of dollars from the tribe.
- Federal Court – Northern District of California/Ninth Circuit – Represent class of commercial fishermen in constitutional challenge to four California laws under which nonresidents, for over two decades, were charged several times as much as residents for certain types of commercial fishing licenses, permits, 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.
- Federal Court – Northern District of California | Pre-Litigation – Represent homeowners and commercial fishermen in claims against PG&E arising out manufactured gas plant (“MGP”) contamination in the Marina and Fisherman’s Wharf neighborhoods of San Francisco and areas offshore thereof. Negotiated area-wide interim environmental investigation agreement after defeat of motion to dismiss federal Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) claims. Separately negotiated interim and final resolutions on behalf of individual property owners.
- 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.
- Texas State Court, Harris County – Won complete defense verdict on behalf of avionics manufacturer after jury trial.
- Pre-Litigation Settlement – Recovered $1,500,000 on behalf of client in a legal malpractice action.
- 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.
- 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.
- International Arbitration – Represented defendant in International Centre for Dispute Resolution (“ICDR”) arbitration involving claims of breach of contract related to sale of regulated pharmaceutical product.
- 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.
- 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.