Seth M. Gerber is a trial lawyer whose practice focuses on trade secrets and business litigation. Seth has tried cases in state and federal courts, including both jury and bench trials, as well as in alternative dispute resolution forums. He 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.
Seth prosecutes and defends claims for misappropriation of trade secrets, breach of contract, fraud, intentional interference, unfair competition, false advertising, breach of fiduciary duties, and undue influence. He has also successfully defended clients in employment disputes and complex commercial and consumer class action matters. Seth has also successfully brought claims against a foreign state under the Foreign Sovereign Immunities Act.
Seth has served on boards of several community organizations. He is a recipient of the State Bar of California’s Wiley M. Manuel Award for Pro Bono Legal Services. Seth has also been recognized multiple times as a Southern California “Super Lawyer.”
Obtained a complete defense verdict on behalf of an insurance brokerage firm and ten individuals after a two month jury trial concerning claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of the duty of loyalty, intentional interference with contracts, and misappropriation of trade secrets. The Court also determined that the opposing party’s non-compete agreements were unenforceable. This case arose from the 2014 departure of 75 employees from a competitor’s offices in Fresno, Salinas, and Walnut Creek, California.
Obtained a favorable ruling by the Delaware Court of Chancery that California law must be applied to an employee agreement despite a Delaware choice-of-law provision, and denying a request for an injunction against Seth’s client on the ground that enforcing the non-compete provision would contravene California public policy favoring competition.
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 US Court of Appeals decision rejecting a foreign state’s defense of sovereign immunity to claims brought under the Foreign Sovereign Immunities Act. Thereafter, Seth obtained a judgment and sanctions award against the foreign state which has amassed to more than $30 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.
Trinity College, 1994, Bachelor of Arts, Departmental Honors, Pi Gamma Mu
University of California, Hastings College of the Law, 1999, Juris Doctor
US Supreme Court
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Federal Circuit
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US District Court for the Western District of Texas