stuart g. gross - partner
Northern District of California
Central District of California
Eastern District of California
Southern District of New York
Eastern District of New York
Ninth Circuit Court of Appeals
Second Circuit Court of Appeals
University of Michigan Law School, J.D., Cum Laude
University of Michigan, M.A. (S.E. Asian Studies)
Wesleyan University, B.A., Honors in Anthropology
WTO Government Procurement Rules and the Local Dynamics of Procurement Policies: A Malaysian Case Study, 17 EUR. J. INT’L L. 151 (2006) (coauthored with Prof. Christopher McCrudden of Oxford University)
Book Review: Sebastiaan Pompe, The Indonesian Supreme Court: A Study of Institutional Collapse, 53 AM. J. COMP. LAW 947 (Fall 2005)
Inordinate Chill: BITs, Non-NAFTA MITs And Host-State Regulatory Freedom - An Indonesia Case Study, 24 MICH. J. INT’L LAW 893 (2003) (awarded Eric Stein Award for top student article on international law topic)
Stuart G. Gross is an experienced litigator at both the trial and appellate court levels. He has represented, as plaintiffs, defendants, and amici curiae, clients ranging from small businesses to individuals to seed investors to non-governmental organizations to startups to large municipalities to Indian tribes to commercial fishermen to local communities to Fortune 100 companies. He has successfully litigated matters in federal and state courts throughout the United States, as well as in forums including the highest court of Indonesia and the World Bank’s International Center for the Settlement of Investment Disputes (“ICSID”).
Stuart’s tenacious, intelligent, and creative advocacy has achieved exceptional results for his clients, and has earned him high praise from bench and bar. Thompson Reuters has named Stuart a Super Lawyer every year since 2013, and designated him a Rising Star each of the previous three years. Stuart is consistently tapped to take on the most complex and seemingly intractable matters, frequently by current and former clients and those they have referred.
In addition to his litigation practice, Stuart is occasionally called on to provide advice and testimony in the area international economic law, an area in which his publications are frequently cited. In this capacity, Stuart has advised the governments of New Zealand and Australia in trilateral trade negotiations with Malaysia and has been called by Indonesia’s highest court to testify as an expert witness concerning Indonesia’s international investment treaty obligations.
Prior to forming Gross & Klein LLP, Stuart was the managing attorney of Gross Law, P.C., a successful litigation firm he founded in 2011. Previous to Gross Law, P.C., Stuart clerked for the Honorable Samuel Conti of the United States District Court of the Northern District of California, and was a litigator with Shearman & Sterling, LLP, in New York, and Cotchett, Pitre & McCarthy, LLP, in Burlingame, California. At Sherman & Sterling, Stuart defended Fortune 100 and 500 companies in complex commercial litigation and individuals in white collar criminal investigations. At Cotchett, Pitre & McCarthy, Stuart represented businesses, individuals, non-profits, and governmental clients in complex commercial, environmental, natural resource, and business practices litigation.
A sample of some of the cases handled by Stuart:
- 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 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.
- 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.
- Federal Court – Northern District of California | California Superior Court/California Court of Appeals – Successful prosecution of federal National Environmental Policy Act (“NEPA”) and California Environmental Quality Act (“CEQA”) claims against Caltrans arising out of plans to expand a United States Highway through ancient redwoods of Richardson Grove State Park. As a result of the litigation the project has been halted since 2011.
- 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.
- 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 – 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 – Northern District of California – Successful prosecution of federal Endangered Species Act (“ESA”) and NEPA claims against Caltrans and the National Marine Fisheries Service arising out of plans to expand a United States Highway along the Smith River in Northern California. The Smith River is the nation’s longest designated Wild and Scenic River, is the only major river in California that has never been dammed, and is home to California’s healthiest runs of Chinook salmon, coho salmon, and steelhead. The litigation has resulted in the project’s halt since 2014.
- 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 El Salvadoran local communities, as amici curiae, in a suit at ICSID by a Canadian mining company’s U.S. subsidiary against the government of El Salvador under the international investment provisions of the Central American Free Trade Agreement (“CAFTA”). Achieved first ever consideration of amicus curiae submission by CAFTA panel, which supported ultimately successful jurisdictional motion by government of El Salvador.
- 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.
- California Superior Court | Federal Court – Northern District of California – Represented commercial fishermen in environmental and natural resource claims arising out of the Cosco Busan oil spill. Successfully certified a litigation class and achieved settlements worth over $8 million.
- California Superior Court – Successful prosecution of breach of contract and fraud claims, on behalf of individual, arising out of a small business loan. Achieved a settlement worth twice the owed principal.
- Federal Court – Southern District of California – Represented four executives in a Foreign Corrupt Practices Act investigation arising out of telecommunications project in West Africa. No action taken against clients.
- Florida Circuit Court/District Court of Appeal – Part of trial team called on to represent a Fortune 100 company, one week before trial of a multi-billion dollar suit alleging fraud in connection with a corporate acquisition. Obtained ultimate judgment in client’s favor and reversal of a $1.6 billion jury verdict.
- California Superior Court – Represented a regional transportation agency in defense of suit alleging technical default of lease-in-lease-out transactions. Successfully prevented attempted enforcement of approximately $60 million in liquidated damages obligations.
- Indonesian Constitutional Court – Represented Indonesian local communities and international environmental organizations in defense of a ban on open-pit mining in Indonesia’s protected forests. Defeated international mining company efforts to overturn the ban.