Effective November 24, 2014 Morgan Lewis & Bockius LLP and Bingham McCutchen LLP have concluded a transaction. Visitors seeking information on this page should visit the corresponding page on the Morgan Lewis & Bockius LLP website.

Bingham

Bingham

Seth M. Gerber

Partner

As of November 24, 2014 practicing with Morgan, Lewis & Bockius LLP.

Seth Gerber’s practice focuses on the protection of intellectual property assets, including copyright and trademark infringement, trade dress, and trade secret matters. He has extensive experience in trade secret disputes, handling a number of large matters, including the successful defense of a medical group in a month-long jury trial.

In addition, Seth has a trial practice focusing on business litigation and real estate litigation. He has prosecuted and defended claims for fraud, intentional interference, unfair competition, false advertising, breach of contract, breach of fiduciary duties and undue influence. Seth has experience in state and federal court, jury and bench trials, appeals, and alternative dispute resolution, such as mediation and arbitration. He also has successfully defended and resolved numerous complex commercial and consumer class action matters. Seth has presented evidence before the U.S. Senate’s Helsinki Commission and has led negotiations in Washington, D.C., and abroad with high-ranking officials from the United States and Russian governments.

Seth was named one of the top 20 lawyers in California under the age of 40 in 2011 by the Los Angeles and San Francisco Daily Journal. Los Angeles Magazine has named him “Super Lawyer” multiple times. Seth has been the recipient of the State Bar of California’s Wiley M. Manuel Award and the Anti-Defamation League’s Daniel R. Ginsberg Leadership Award. He currently serves as workflow coordinator for Bingham’s Santa Monica office.

Experience

  • Defended one of California’s largest independent physician associations in a jury trial for alleged misappropriation of trade secrets and breach of contract. The jury found that Seth’s client did not engage in any willful or malicious misconduct.
  • Obtained a jury trial verdict and damages against a distributor of fashion accessories for copyright infringement
  • Obtained a U.S. Court of Appeals decision rejecting the Russian Federation’s defense of sovereign immunity to claims brought under the Foreign Sovereign Immunities Act. Thereafter, Seth obtained a judgement ordering the Russian Federation to return thousands of religious texts belonging to the worldwide Chabad organization which were seized in the Bolshevik Revolution and World War II. Seth also led oral arguments which resulted in the court awarding his client $50,000 in contempt sanctions for each day Russia refuses to comply with the judgement. The sanctions have amassed to more than $20 million.
  • Obtained an award after a lengthy arbitration finding the respondent liable for fraudulent inducement, fraudulent concealment, breach of confidential relationship and undue influence, and as relief for these claims rescission of stock grants worth $25 million. The arbitrator concluded that the respondent had engaged in “willful, malicious, systematic, intentional fraud and deceit that spanned his entire period of employment” and awarded Seth’s client nearly $6 million in attorneys’ fees and costs.
  • Represented the University of Southern California in a lawsuit against a Tenet Healthcare subsidiary seeking a court declaration that Tenet had defaulted under a long-term ground lease and operating agreement, which resulted in USC’s acquisition of University Hospital and Norris Cancer Center from Tenet
  • Obtained a favorable arbitration award for the University of Southern California in a dispute concerning the value of a medical office complex
  • Represented Washington Mutual and its broker dealer in defense of individual and class actions challenging the sale of fixed deferred annuities to seniors.
  • Represented a major manufacturer of consumer products in defense of a class action concerning the use of the chemical Bisphenol-A in manufacturing plastic bottles

Events

  • Moderator, Suspicion Nation, Los Angeles Urban League and the Anti-Defamation League, Los Angeles (April 3, 2014)
  • Speaker, Remnants of Genocide: Reclaiming Art and Other Heirlooms Lost in Atrocities, Symposium Program, Loyola Law School, Los Angeles (March 11, 2011)
  • Speaker, Litigating Genocide: When, Where and How, Loyola of Los Angeles International and Comparative Law Review and Loyola’s Center for the Study of Law & Genocide, Loyola Law School, Los Angeles (Feb. 27, 2009)
  • Frequent speaker on civil rights issues for the Anti-Defamation League

Publications

Memberships

  • American Bar Association
  • Los Angeles County Bar Association
  • Association of Business Trial Lawyers

Community Service

  • Member of the National Commission, the National Legal Affairs Committee, and the National Civil Rights Committee, Anti-Defamation League
  • Former Chair, Board of Directors, Pacific Southwest Region, Anti-Defamation League
  • Former Member, Board of Directors, Los Angeles County Bar Foundation
  • Former Member, Associates Board of Directors, Legal Aid Foundation of Los Angeles

Awards & Honors

  • Top 20 California Lawyers Under 40, Los Angeles and San Francisco Daily Journal (2011)
  • Super Lawyers, Southern California Super Lawyer (business litigation) (2011–2014)
  • Super Lawyers, Southern California Rising Star (2005–2010)
  • State Bar of California’s Wiley M. Manuel Award
  • Anti-Defamation League’s Daniel R. Ginsberg Leadership Award

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