Jeffrey F. Gersh
Jeffrey Gersh is a Partner of the Firm in the Business Litigation Practice. Before joining Stubbs Alderton & Markiles, LLP, Jeffrey was Managing Partner of The Gersh Law Firm for over 10 years and a partner for 25 years with a prominent litigation law firm. Jeffrey has been named a Thomson Reuters “Super Lawyer” for more than 9 years by his peers; an honor only achieved by less than 2.5% of attorneys in California.
Jeffrey successfully litigates, arbitrates, or mediates for both plaintiffs and defendants complex business and commercial matters, whether for individuals, public or private corporations, partnerships, limited liability companies and/or its members, shareholders and partners. Jeffrey Gersh successfully handles disputes regarding contract matters, trade secrets, intellectual property (trademarks, copyrights and trade dress) negligence and fraud, employment, real estate, license agreements, the apparel and garment industry, and general business matters.
Jeffrey approaches his litigation practice from a business perspective, rather than purely transactional. In addition to representing his clients in litigation and dispute resolution matters, Jeffrey handles many of their various transactional matters relating to general business, trademarks, trade dress, copyrights and other intellectual property matters, trade secret matters, and employment matters to name a few.
Jeffrey has been directly involved in litigation and business matters for clients not only in California, but also in New York, Nevada, Texas, Arizona, London, Australia, and Estonia and other places. He litigates cases from inception through trial and in some cases appeal, directly responsible for all aspects of the prosecution, defense and resolution of his client’s complicated and sophisticated matters in both state and federal courts. As a result of his commitment to his client’s needs, he has enjoyed long-standing client relationships.
Practice & Experience
- Represented the founders of Kazaa B.V., one of the most downloaded software programs on the internet and at the heart of the music downloading revolution, in one of the most complicated copyright issues in the United States at the time. Concluding years of litigation, Jeffrey was instrumental in bringing about a global settlement of this matter.
- Successfully defended a billion-dollar trade secrets claim resulting in a nuisance payment to the plaintiff. Jeffrey has also been involved in a number of other trade secret matters, both for plaintiffs and defendants, relating to the theft of customer lists and other company properties, most recently defending a client against claims of trade secret misappropriation of customer lists in the insurance industry.
- Recently settled a class action claim against our client brought under the Telephone Consumer Protection Act (“TCPA”) for a very nominal amount considering the substantial exposure to damages our client was facing. Our client was potentially exposed to liability for upwards of $500,000,000 and if punitive damages were awarded three times that amount. Ultimately, we resolved this matter for less than $1,000,000. Needless to say, our client was extremely satisfied with the results. Not all cases can be resolved as favorably, and each case has to be evaluated on its own merits. The Supreme Court has also recently issued a ruling that significantly impacts TCPA claims.
- Represented the inventor/owner of a major patent for use in satellite television broadcasting that enabled users to locate specific channels that resulted in a substantial multimillion dollar payment to the client.
- Handled a number of partnership and other business disputes both in arbitration and litigation, winning a bitterly contested three-week jury trial for his client resulting in a substantial award to his client which ultimately lead to a very favorable settlement.
- Successfully represented through trial a video game company in defending claims of copyright and trademark infringement that resulted in a favorable substantial settlement payment to his client.
- Represented numerous garment manufacturers in entity formation, contract disputes, license agreements, as well as prosecuting and defending copyright, trademark and trade-dress infringement matters.
- Represented a number of lighting designers and sound and lighting companies for major concerts, video and television, not only in contract matters but also litigation.
- Represented food processors and food distribution companies in various business and litigation matters.
- Successfully represented a public company in defense of shareholder claims and a proxy fight that resulted in a resolution in favor of the public company.
- Successfully represented a growing internet company in litigating a partnership dispute that resulted in a very favorable resolution for the client.
- Represented a major jewelry manufacturer and designer in prosecuting trademark infringement claims related to jewelry designs. In connection therewith obtained an ex-parte seizure order in Nevada authorizing the seizure of jewelry from numerous manufactures and distributors at one of the largest jewelry shows in the country.
- Represented a well-known credit monitoring company in defense of a trade mark infringement matter, resulting in a very favorable result for the client.
- Represented a number of foreign diamond dealers in various business and litigation disputes involving millions of dollars in diamonds.
- Represent one of the largest manufacturers of adult novelty toys in the country, in all areas including, general business matters, trademark and litigation.
Education, Admissions And Accolades
- B.S. from California State University at Northridge
- J.D. from Whittier Law School
- Admitted to practice law before the United States Supreme Court, the California Supreme Court, all California state courts, as well as the United States District Courts in Central, Northern, Southern, and Eastern Districts of California, and the Eastern District of Texas
- Admitted pro hac vice to represent clients in the United States District Court for the Second Circuit and before the United States Court of Appeals for the Fifth Circuit and Fourth Circuit
- Member of the State Bar of California, the American Bar Association and the Los Angeles County Bar Association
- Served as a Voluntary Settlement Conference Officer as well as Mediator for the Los Angeles Superior Court
- Served as an arbitrator for the California State Bar regarding fee disputes.
Insights & Features
Jeffrey F. Gersh