Michael A. Gold's practice involves both litigation and corporate counseling. His clients range from early stage companies backed by private equity funds to major national companies.
Michael advises companies and their owners and directors in business control and governance disputes, shareholder controversies, business reorganizations, internal investigations, development of corporate compliance programs and "business divorces." In addition, Michael represents businesses and their owners in litigation matters, including trade secret misappropriation cases, fraudulent transfer lawsuits, regulatory investigations and enforcement matters, broken business deals, failed software development projects, and complex breach of contract cases. Michael has obtained for his clients numerous injunctions enforcing post-employment restrictive covenants and covenants not to compete.
Michael is a founder and co-chair of the Firm's Discovery Technology Group™, one of the first such practice groups in a major law firm. In that role, Michael counsels clients in a wide variety of matters, including the development of computer-based information retention systems, forensic investigations of computer systems, computer and internet privacy and breach issues and e-discovery.
Representative matters include:
- Represented bankruptcy trustee in litigation to recover fraudulent transfers made by investment company to major commodities futures trading firms
- Represented early stage aeronautical company in hostile re-negotiation of a large credit facility with major banks
- Represented several investment companies in connection with investor disputes arising out of the 2008 financial crisis
- Represented a company in breach of contract and misrepresentation lawsuits arising out of the first business-to-business web platforms
- Supervised all outside legal matters for a large Latin American company establishing business operations in the U.S.
- Represented major shareholder in litigation over the management and control of a web-based media company
- Represented major shareholders in a medical diagnostic testing company in connection with restructuring of the company's shareholding interests
- Represented private equity funds and issuers in connection with section 3(a)(10) issuances
- Negotiated compensation and equity participation package for the president of a nationwide information technology company backed by a large venture capital firm
- Negotiated employment and equity participation package for the chief operating officer of a multi-billion dollar private equity firm
- Represented publicly-held companies in covenant not to compete and trade secret litigation against high-level executives and other key employees
- Represented principal partner in hostile dissolution of one of Los Angeles' most prominent law firms
Michael Gold is a founder and co-chair of the Firm's Discovery Technology Group, one of the first such practice groups in a major law firm. Michael counsels clients in a wide variety of matters, including the development of computer-based information retention systems, forensic investigations of computer systems, computer and internet privacy issues and e-discovery. His litigation practice routinely involves e-discovery and computer forensics issues and he is frequently called on by other lawyers to consult on e-discovery, computer forensics and internet privacy issues. Michael's interest in e-discovery developed out of his representation of clients in failed software development projects and web-based businesses and systems.
Michael is a frequent speaker and writer on e-discovery and computer and software issues. He is the co-author of "Records Retention for Enterprise Knowledge Management" published by The Bureau of National Affairs and "They Signed What - A Customer's Guide to Software Development Contracting" published in the Cutter IT Journal. Michael is a member of the Planning Committee of the USC Gould School of Law Intellectual Property Institute (2004-2009) and has presented at the Practicing Law Institute's "Electronic Discovery and Retention Guidance for Corporate Counsel" in 2006 and 2007 and "Electronic Discovery Guidance 2008 - What Corporate and Outside Counsel Need to Know."
Representative matters include:
- Currently co-lead counsel supervising e-discovery and computer forensics investigation on behalf of bankruptcy trustee in Chapter 11 bankruptcy case involving dozens of business and potential claims against insiders.
- Served as lead e-discovery and computer forensics counsel in billion dollar marital dissolution litigation involving numerous business interests throughout the U.S. and potential national security issues.
- Led computer and network forensics investigation and analysis of confidentiality issues arising out of unlawful penetration of an aerospace company's computer network.
- Developed ESI retention program for a leading real estate development and management company.