Complex Business Litigation

Gradstein & Marzano in uniquely situated to represent clients ranging from individuals to major corporations in all phases of complex business litigation. Our attorneys have decades of experience in prosecuting and defending cases in a wide variety of forums including state and federal trial and appellate courts across the country, as well as on a global platform. We have the ability and resources to take on matters litigated against BigLaw firms and the type of cases that have become known in common parlance as “bet-the-company litigation,” utilizing our own team of lawyers and through collaborative efforts with co-counsel and law firms across the country with whom we have established successful working and consulting relationships.

Our firm has handled a broad variety of difficult and hotly-contested cases with successful results through settlement and at trial.

The complex business litigation matters we have handled for both plaintiffs and defendants have involved claims for:

Breach of contract
Breach of fiduciary duty
Fraud and misrepresentation
Embezzlement
Unfair competition, unfair business practices and antitrust violations
Tortious interference
Copyright and trademark infringement
Breach of non-compete and non-disclosure obligations
Attorney, accountant, stockbroker, officer/director and other professional liability claims
Corporate, partnership, LLC and joint venture dissolution actions
Securities fraud

Representative cases include:

The ongoing copyright infringement class action brought on behalf of named plaintiffs Melissa Ferrick, Jaco Pastorius, Inc. and Gerencia 360 Publishing, Inc. against Spotify
The ongoing Flo & Eddie/The Turtles class action cases against Sirius XM and Pandora in federal court in California, New York and Florida seeking damages for the misappropriation and unlawful exploitation of pre-1972 sound recordings
Obtaining a $65 million settlement with co-counsel in a class action case on behalf of music composers against ABC television for copyright infringement
Obtaining a multi-million dollar settlement in 2013 for retired NFL players in a federal class action legal malpractice case against the NFLPA involving the commercial exploitation of players in electronic sports games, resulting in a multi-million dollar settlement
Representing international victims of the Pan Am Flight 73 Libyan terrorist attack in multi-tiered litigation, including class action litigation and arbitration, involving contractual claims, claims for breach of fiduciary duty and legal malpractice, and for declaratory relief and contractual interpretation involving complex issues of international law and espousal, resulting in a confidential settlement
Defending and successfully settling on behalf of Rothstein Kass, an international CPA firm now merged into KPMG, a class action case alleging audit mismanagement of hedge funds and fund-of-funds in the Bernie Madoff and Thomas Petters schemes
Recovering $12.6 million in a whistle blower case against Orinda Healthcorp for Medicare and Medicaid fraud and abuse violations
Obtaining a $102 million judgment in federal court on behalf of Pink sheet-traded Veltex Corporation on behalf of the newly constituted non-fraudulent Board of Directors and officer group on claims for fraud, fraudulent transfers and conveyances, and breaches of fiduciary duty in a securities “pump and dump” scheme
Representing Applied LNG Technologies USA, LLC, a leading marketer, producer and distributor of liquid natural gas, against Clean Energy Fuels Corp., in a federal breach of contract action; the case settled confidentially after favorable court rulings on pretrial motions
Defending against claims brought in federal court for fraud, tortious interference, unfair competition and deceptive trade practices by jewelry maker Alex and Ani in the United States District Court for the District of Rhode Island
Obtaining summary judgment in favor of a Las Vegas resort rejecting a multi-million dollar monopolization claim in a federal antitrust action brought under the Sherman Act, which was upheld on appeal before the Ninth Circuit
Representing the former CEO of the Fatburger national fast food chain in actions for breach of fiduciary duty and contract, wrongful termination, and for minority shareholder and shareholder dilution claims; cases settled confidentially
Obtaining dismissals in a California state court complex litigation matter involving alleged violations of the Cartright Act and California Business & Professions Code Section 17200 claims against mobile home parks and owners
Defending corporate executives in federal court MDL litigation arising out of alleged price‑fixing claims
Representing stockholders in direct action against major Korean bank for fraud and breach of fiduciary duty claims
Serving as a Special Prosecutor by the Chief District Judge for the District of Nevada to prosecute contempt proceedings in an international banking and securities fraud case
Representing an SEC appointed Receiver in one of the most successful SEC receivership matters and achieved a multi-million dollar recovery for victims in an offshore banking fraud and arbitrage trading scheme, involving a host of litigation, business and tax matters in the U.S. and globally
Obtaining injunctive relief, the appointment of a receiver and a multi-million dollar award, including punitive damages, following a three month, three panel member arbitration arising out of a real estate partnership dissolution and fraud action
Successfully prosecuting civil embezzlement, fraud, identity theft and forgery claims on behalf of a textile manufacturing firm, recovered significant assets and restitution, and assisted the U.S. Attorney’s Office in the resulting criminal prosecution and conviction