Business Litigation

Business litigants turn to GMSR when the stakes are high, whether it’s to preserve an important victory or to challenge an adverse decision.  GMSR has substantive experience in a range of fields including antitrust, bankruptcy, banking/lender liability, contract interpretation and enforcement, torts, trade secrets misappropriation, and unfair competition.  That experience, combined with GMSR’s outside-the-box thinking and persuasive writing, ensures appellate briefs that present its clients’ case in the strongest light possible.  Savvy clients also regularly bring GMSR in long before the appellate stage to draft dispositive motions, review proposed jury instructions and verdict forms, and advise on strategy with an eye toward appeal.

Himelsein Mandel Fund Management, LLC v. Fortress Investment Group, LLC (Mar. 28, 2019, B281210) 2019 WL 1395963

Court of Appeal reverses denial of jury trial, refusing to apply New York law

Court of Appeal reverses denial of jury trial, refusing to apply New York law

GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding.  The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans.  The trial court rejected the clients’ demand for a jury. 

Pacific Western Bank v. Far Out Productions, Inc. v. Audio Visual Entertainment, Inc. (Dec. 31, 2018, B278076, B278122) 2018 WL 6839451

Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans

Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance.  The trial court granted summary judgment

Eleanor Licensing LLC v. Classic Recreations LLC (2018) 21 Cal.App.5th 599

In a published decision, the Court of Appeal affirms GMSR’s clients’ rights to Eleanor, the star car character of the Gone in 60 Seconds films

In a published decision, the Court of Appeal affirms GMSR’s clients’ rights to Eleanor, the star car character of the Gone in 60 Seconds films

The clients had licensed their rights to produce replicas of Eleanor, the car that played a starring role in Gone in 60 Seconds, to the defendants.  In return for the license, the defendants gave the clients, among other things, the first licensed replica they built. 

GMSR’s client prevails in a published decision that comprehensively analyzes the governing principles and application of the parol evidence rule

In negotiations over the defendants’ purchase of the client’s family business, the client agreed to accept, as part of the purchase price, $2.5 million in stock of one of the acquiring companies—but he required that the defendants agree to redeem the stock at a fixed

Kanno v. Marwit Capital Partners II, L.P. (2017) 18 Cal.App.5th 987

GMSR’s client prevails in a published decision that comprehensively analyzes the governing principles and application of the parol evidence rule

In re Meruelo Maddux Properties, Inc. (9th Cir. 2016) 637 Fed.Appx. 1012

After the U.S. District Court affirmed the U.S. Bankruptcy Court’s confirmation of a Chapter 11 reorganization plan, a majority block of the debtor-in-possession’s insider equity shareholders appealed to the Ninth Circuit. As they did in the District Court, the insiders argued that the bankruptcy court

Overcoming insider objections about valuation, GMSR obtains affirmance in Ninth Circuit appeal from confirmation of a Chapter 11 reorganization plan

In re Meruelo Maddux Properties, Inc. (9th Cir. 2016) 637 Fed.Appx. 1012 (United States Court of Appeals for the Ninth Circuit) [unpublished]. After the U.S. District Court affirmed the U.S. Bankruptcy Court’s confirmation of a Chapter 11 reorganization plan, a majority block of the debtor-in-possession’s

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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COMMUNITY PRO BONO

As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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