Gabriel Gregg

Gabriel Gregg is a partner in Rimon’s litigation group in the Silicon Valley and San Francisco offices. He practices commercial and civil litigation in a variety of areas including intellectual property, securities, unfair competition and class action defense, antitrust, employment, white-collar matters, insurance litigation and coverage analysis, and general business litigation. He has litigated cases in trial and appellate courts in both the state and federal systems, as well as agency proceedings.

Gabriel was the 2019 President of the Santa Clara County Bar Association and remains very active in the Silicon Valley bar.

Gabriel began his professional career with the global law firm Latham & Watkins where he practiced for nine years in its San Francisco and Los Angeles offices. After graduating from UCLA School of Law, and before Latham & Watkins, Gabriel clerked for the Hon. Edward J. Schwartz, District Judge (and former Chief Judge) of the United States District Court for the Southern District of California. Gabriel joined Rimon in early 2017 after practicing for a decade at other Silicon Valley boutique litigation law firms.

Gabriel is very active on boards and committees of professional organizations. Besides serving as 2019 elected SCCBA President, Gabriel is on its Executive Committee and Board of Trustees and formerly served as Treasurer. He has been a member of the SCCBA Fair Election Practices Commission, is past chair of the SCCBA Business Law/Litigation Section, and serves on the Executive Committee of the SCCBA High Tech Section. He regularly presents at MCLE/bar events, including most recently “Nuts and Bolts of Business Litigation,” “The U.S. Patent Landscape:  An Appraisal and Practice Guide,” and “Non-Disclosure Agreements: Basic Functions, Standard Components, Alternatives, and Potential Pitfalls.”

REPRESENTATIVE MATTERS

• Lead counsel for key defendant group in pending high-profile/international-coverage Federal antitrust price-fixing action relating to purchase of land in Solano County by Silicon Valley investors (Flannery Associates) for planned new city.
• Lead counsel for world-famous rock-band in pending high-profile Federal copyright and partnership dispute.
• Lead counsel for leading student housing website in pending Federal contract and fiduciary duty action involving founder dispute.
• Lead counsel for investors in pending shareholder derivative and direct cross-actions arising out of failed alternative fuels venture.
• Lead counsel for top New York weather-derivative hedge fund in Federal and Delaware state actions arising out of failed crop coverage venture.
• Lead counsel for executive plaintiff in shareholder derivative, fraud and partition action, including 9-day trial resulting in complete victory and award of significant damages, punitive damages, and partition grant.
• Lead counsel defending leading electronic payment processing company in employment litigation/arbitration.
• Lead counsel representing medical device company in Federal trademark, false advertising, and unfair competition actions.
• Lead counsel in high-profile Federal court action prosecuting shareholder derivative and direct claims against Delaware ad-tech company and its directors.
• Lead counsel in various other actions representing (prosecution and defense) shareholders, officers and/or directors in direct and shareholder derivative claims involving California and Delaware corporations.
• Lead counsel in Federal court action defending Silicon Valley start-up in fraud/securities action alleging breach of convertible notes.
• Counsel for various prominent musicians in copyright and trademark disputes.
• Lead counsel defending software/hardware service provider in high-profile Federal court copyright/ false advertising action brought by major U.S. OEM, including pursuit of antitrust counterclaims.
• Counsel in action against public agency for lease non-payment following dissolution.
• Defended company and individuals in Federal court accused of RICO violations arising out of employee termination
• Defended companies and individuals in Federal court accused of securities fraud and RICO violations arising out of distressed property investment transactions.
• Defended senior Silicon Valley executive in trade-secret misappropriation action brought following new employment with competitor.
• Lead counsel defending trial attorney against malicious prosecution action by prevailing on anti-SLAPP motion, and successfully defended order of dismissal on appeal to Sixth District Court of Appeal and on petition for review to California Supreme Court:  Miller v. Flemate, 2015 Cal.App. Unpub. LEXIS 3718.
• Defended major supermarket chain in complex Federal court consumer rights class action.
• Lead counsel on various patent infringement litigation/licensing efforts on behalf of inventors, including prosecution of Federal court infringement actions and coordination of related PTO post-grant review actions.
• Represented founders of North Bay company in dispute with partner, including vacating no-notice TRO and engineering buy-out settlement, and successfully litigation follow-up actions alleging rescission of buy-out agreement based on economic duress.
• Prosecuted $16.5 million subrogation action in Northern District of California against major liability insurer for failure to defend insured in action involving defective microprocessor chips, prevailing on $9 million of claim on cross-summary judgment.
• Successfully appealed remaining portion of subrogation action to Ninth Circuit Court of Appeals winning unanimous reversal of district court and additional $7.5 million award: Federal Ins. Co. v. St. Paul Fire & Marine Ins. Co., 2010 WL 4025590 (9th Cir. (Cal.)).
• Represented clients in other successful Ninth Circuit appeals with no appellate losses to date: 2007 WL 2228632 (9th Cir. (Cal.)); 2008 WL 686855 (9th Cir. (Cal.)).
• Represented Arthur Andersen in civil and government actions arising out of collapse of Enron, including deposing key Enron executives and board members, managing multi-attorney discovery team, analyzing complex accounting transactions, and developing factual and legal defenses with witnesses and experts.
• Represented Deloitte & Touche in international professional negligence action.
• Conducted solo trial of $3 million action before Workers Compensation Appeals Board arising out of fatal refinery fire, and drafted successful related civil appeal: Moylan v. Tosco Operating Co., 2005 WL 2651170 (Cal.App. 1 Dist.).
• Represented title company in complex title/escrow RESPA and UCL action in federal and state court, including defeat of class action and successful appeal of summary judgment to Ninth Circuit: Lane v. Residential Funding Corporation et al., 323 F.3d 739 (9th Cir., 2003).
• Litigated numerous intellectual property cases involving copyright, trademark, gray-market and cybersquatting issues for companies including 3M, AOL, Platinum Technology and the DGA.
• Represented various senior executives in federal white-collar civil and criminal investigations, including insider trading.
• Significant pro bono work includes representing solo minors in asylum applications, drafting treatment standards for minors in INS custody, and drafting successful amicus brief in the Inter-American Court of Human Rights abrogating Trinidad law on flogging with a cat-o-nine-tails.