Gabriel Z. ReynosoAssociate
Gabriel Reynoso is an Associate in JMBM's Litigation Department and Class Action Defense practice. Gabriel has extensive experience in various forms of complex litigation. He has represented both plaintiff and defendant clients in connection with general commercial and complex business litigation matters. Gabriel also has extensive class action experience in both California state and federal courts. He has also participated in several successful mediations and international arbitrations. Most recently, Gabriel acted as second-chair during a state court trial and as second-chair in an international arbitration before the International Court of Arbitration of the International Chamber of Commerce.
Gabriel has prepared, argued and won several dispositive motions in both state and federal court. He is also well versed in all aspects of pre-trial discovery as well as electronic discovery.
During the course of his career, Gabriel's representative matters include disputes involving claims of breach of contract, fraud, interference with prospective economic advantage, unfair business practices and competition, wrongful termination, labor code violations, misappropriation of privacy rights, breaches of fiduciary duty, trade secret misappropriation, trademark infringement, civil RICO, and cybersquatting under the Lanham Act. He has also worked on a range of securities, mergers and acquisitions, and ERISA litigation matters in state and federal courts involving allegations of accounting fraud, insider trading, issuance of false proxy statements, stock option backdating, breaches of fiduciary duty under Delaware state law and ERISA, and an attempt to enjoin a pending shareholder vote on a proposed merger.
- For Produce Manufacturer (Int’l Chamber of Commerce, Int’l Court of Arbitration): Represented California produce manufacturer in international arbitration proceedings before the International Chamber of Commerce against Korean company arising from breach of commercial contract for purchase of produce. Obtained significant and favorable arbitration award.
- For Produce Manufacturer (Int’l Chamber of Commerce, Int’l Court of Arbitration; E.D. Cal.): Represented California produce manufacturer in international arbitration proceedings before the International Chamber of Commerce against Korean corporations arising from breach of commercial contract for purchase of produce and in connection with parallel federal action initiated by one of the defendants seeking to enjoin the arbitration proceedings. Obtained favorable ruling in federal action denying motion for preliminary injunction allowing arbitration proceedings to go forward.
- In addition to litigating numerous securities and mergers and acquisitions class actions in both state and federal courts, Gabriel has also defended against class actions involving allegations of negligence, fraud, financial elder abuse, false advertising and unfair business practices, implicating probate law, and asserting violations of the Rees-Levering Act, the Unfair Competition Law and the False Advertising Law. Gabriel has extensive experience in defeating class certification in complex litigation.
Securities Class Action/Derivative Litigation:
- In re Wireless Facilities, Inc. Secs. Litig. (S.D. Cal.); In re Wireless Facilities, Inc. Secs. Litig. II (S.D. Cal.); Pendicini v. Tayebi, et al. (S.D. Cal.); Hameed v. Tayebi, et al. (S.D. Cal.); In re Wireless Facilities, Inc. Secs. Litig. (Cal. Super. Ct., S.D. County): Represented Terry Ashwill, the former CFO of Wireless Facilities, Inc. (now known as Kratos Defense & Security Solutions, Inc.) in parallel class and derivative actions involving allegations of accounting fraud and stock option backdating. After a series of partially successful motions to dismiss and extensive discovery, the claims against Mr. Ashwill were ultimately settled on favorable terms.
- In re NVIDIA Corp. Deriv. Litig. (N.D. Cal.); Fleischman v. Huang, et al. (Del. Ch.); In re NVIDIA Corp. Deriv. Litig. (Cal. Super. Ct., Santa Clara County): Represented officers of NVIDIA Corp. in connection with parallel derivative actions involving allegations of stock option backdating, insider trading, and issuance of false proxy statements. Claims were ultimately settled on favorable terms.
- In re Doral Financial Corp. Secs. Litig. (S.D.N.Y.); In re R & G Financial Corp. Secs. Litig. (S.D.N.Y.): Represented PricewaterhouseCoopers LLP ("PwC") in two class actions involving allegations of accounting fraud by two Puerto Rican-based mortgage lenders. PwC was dismissed with prejudice from the Doral matter on the first motion to dismiss, with summary affirmance by the Second Circuit Court of Appeals. The R&G Financial matter was ultimately settled on favorable terms. Also, involved subpoenas and document requests issued by SEC and PCAOB.
Mergers and Acquisitions Litigation:
- Pennsylvania Avenue Funds v. Borey, et al. (W.D. Wash.): Assisted with mergers and acquisitions litigation matter involving allegations of breaches of fiduciary duty under Delaware state law. Communicated directly with individual clients and coordinated with counsel for co-defendants and local counsel regarding discovery and litigation strategy. Drafted all substantive pleadings including three motions to dismiss. Argued and won a motion to stay discovery.
- In re Gateway, Inc. S’holders Litig. (Del. Ch.); Boso, et al. v. Gateway, Inc. (Cal. Super. Ct., Orange County); Gosland, et al. v. Gateway, Inc. (Cal. Super. Ct., Orange County); Alger, et al. v. Gateway, Inc., et al. (Cal. Super. Ct., Orange County): Represented Acer, Inc. in connection parallel mergers and acquisitions litigation matters arising out of Acer's proposed acquisition of Gateway, Inc. Ultimately, we were successful in defeating Gateway's shareholders' attempt to enjoin the sale transaction. Also, assisted with legal due diligence in connection with underlying corporate sale transaction.
- For a Bank (Cal. Super. Ct., San Mateo County): Represented bank in connection with judicial foreclosure action. Obtained judgment following successful motion for summary judgment.
- For a Community Bank (Cal. Super. Ct., Contra Costa County): Represented community bank in action for specific performance and the appointment of a receiver.
- For a Community Bank (Cal. Super. Ct., Napa County): Represented community bank in action for judicial foreclosure, specific performance, and the appointment of receiver. Case settled on favorable terms.
- For a Bank (Cal. Super. Ct., Santa Clara County): Assisted with litigation matter arising from breaches of finance and lease agreements for certain manufacturing equipment.
- For a Community Bank (Cal. Super. Ct., Sacramento County): Represented community bank in connection with foreclosure action and subsequent action brought by subcontractor asserting mechanics lien and bonded stop notice claims.
- For a Bank (Cal. Super. Ct., Monterey County): In connection with fraudulent transfer action, prepared and presented series of motions to compel seeking sanctions for misuse of the discovery process and for failure to comply with prior Court orders requiring further supplemental responses to bank’s discovery demands. Met and conferred with opposing counsel regarding same. Drafted subpoenas to third-parties and met and conferred with counsel for third-parties regarding scope of subpoenas and production of electronically stored information.
- Tran v. American Express Travel Related Servs. Co., Inc., et al. (N.D. Cal.); Tietz, et al. v. Bank of the West, et al. (E.D. Cal.): Represented Experian, a consumer and business credit reporting agency, in connection with lawsuits alleging violations of the Fair Credit Reporting Act.
- Criminal Government Investigations/Third-party Subpoenas: Represented bank, as a third-party, in connection with criminal investigation involving allegations of unauthorized wire transfers and fraud. Also assisted bank in responding to third-party civil subpoenas. Coordinated all aspects of electronic information and document collection from bank in connection with both.
- Health Care/Government Investigations: Participated in an internal factual investigation of a health care district in Central California in response to a government inquiry and allegations of Medicare and Medicaid fraud.
Intellectual Property/Privacy/Trade Secrets:
- Lumasense Technologies v. Neoptix, Inc. (N.D. Cal.): Defended Neoptix, Inc., a Canadian-based manufacturer of fiber optic temperature sensors, against claims of trademark infringement, cybersquatting, unfair competition, and trade secret misappropriation. Case settled on favorable terms at mediation.
- Hannah v. Currie Acquisitions, LLC, et al. (Cal. Super. Ct., Los Angeles County): Represented well-known actress and environmentalist in misappropriation of likeness and right of publicity action arising from the unauthorized use of her name, photograph, and image. Secured favorable settlement prior to trial.
- Marvell Semiconductor, Inc., et al. v. Alliant Networks, Inc. (Cal. Super. Ct., Santa Clara County): Represented Marvell Semiconductor, Inc., a large semiconductor company based in Santa Clara, California, in a lawsuit asserting misappropriation of trade secrets.
- PDI, Inc. v. Cellegy Pharmaceuticals, Inc. (N.D. Cal.): Represented Cellegy Pharmaceuticals, Inc., a specialty pharmaceutical company, in connection with a licensing rights dispute with PDI, Inc.
- Bowoto, et al. v. Chevron Corp., et al. (N.D. Cal.); Bowoto, et al. v. Chevron Corp., et al. (Cal. Super. Ct., S.F. County): Assisted with representation of Chevron Corp. in connection with parallel federal and state actions implicating the Unfair Business Practices Act and Torture Victim Protection Act and involved civil RICO claims.
- Bauman, et al. v. DaimlerChrysler, AG, et al. (N.D. Cal.): Represented Daimler Chrysler, AG in connection with international dispute implicating the Alien Tort Statute.
- Bee, et al. v. Kavlico Corp., et al. (Cal. Super. Ct., L.A. County): Assisted in representation of Kavlico Corp. in connection with aviation tort, wrongful death action arising from airplane crash over international waters.
- Innovative Solutions for Youth, Inc. dba Altus Academy v. State of California Department of Mental Health, et al. (Cal. Super. Ct., Los Angeles County): Represented Altus Academy, a California-based special education services provider in connection with a litigation matter arising from a public contract procurement process for special education services which involved allegations of fraud, unfair business practices, and breach of contract against various California state agencies, current and former employees thereof, and a third-party competitor for the public contract. Obtained favorable settlement during trial.
- Karis v. Entelos, Inc., et al. (Cal. Super. Ct., San Mateo County): Represented Entelos, Inc., a life sciences technology company, against claims of wrongful termination, breach of contract, and various labor code violations.
- Pension Trust Fund for Operating Engineers Local 3, et al. v. McMorgan & Co., et al. (E.D. Cal.): Represented Liffey, LLC (now McMorgan & Co., LLC), an investment management company, in connection with three ERISA litigation matters involving allegations of breaches of fiduciary duty. Drafted, argued, and won two motions to dismiss plaintiffs' state law claims preempted by ERISA. All three cases settled on favorable terms at mediation.
- Advised the corporate counsel regarding both the form and content of institutional clients’ proposed public disclosures and SEC filings. Assisted with legal due diligence in connection with Acer, Inc.’s acquisition of Gateway, Inc.
- Sprint PCS-Nextel Communications Merger: Assisted with legal due diligence in connection with proposed merger between two large wireless communications companies.
- Oversaw all aspects of electronic information and document collection, review, and production on behalf of investment banks and venture capital firms in response to third-party subpoenas issued by the SEC and private parties. Negotiated scope of aforementioned subpoenas.
Pro Bono Matters:
- United States of America v. J. Kenneth Stringer, III, et al. (9th Cir.): In a pro bono matter, drafted amicus brief on behalf of the Washington Legal Foundation seeking that the Ninth Circuit Court of Appeals affirm the judgment of the U.S. District Court for the District of Oregon dismissing a criminal indictment and defining the SEC’s disclosure obligations in the context of parallel civil and criminal government investigations.
- Disability Rights Advocates: In a pro bono matter on behalf of the Disability Rights Advocates, drafted memoranda assessing the viability of a potential due process challenge to the Social Security Administration’s statutory process for the administrative review and adjudication of disputed disability benefit claims.
- Asylum Case: In a pro bono matter, researched and drafted brief in support of asylum application, interviewed and prepared client for examination during asylum hearing, and acted as first-chair trial counsel during asylum hearing.
J.D., Columbia University School of Law, 2004
Columbia Human Rights Law Review
B.A., Sociology, University of California, Berkeley, 2001
with highest honors
Bar AdmissionsState Bar of California, 2004
Supreme Court of California
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Eastern District of California
U.S. District Court, Northern District of California
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
Member, Bar Association of San Francisco
Member, Hispanic National Bar Association
Member, San Francisco La Raza Lawyers Association
Executive Committee, Barristers Litigation Section, Bar Association of San Francisco
Alumni Advisory Board, Latino Law Student Association of Columbia University School of Law
Awards & Recognition
- Super Lawyers – “Northern California Rising Star” in 2013 and 2014
- “Latino American Who’s Who” – 2012-2013 edition
- Judicial Extern, Hon. Robert P. Patterson, Jr., U.S. District Court, S.D.N.Y. (Spring 2003)
- Columbia Human Rights Law Review
- Co-author and editor, ALI-ABA Securities Litigation Program: Defending Securities Claims (2007)
- Contributor to the Securities Reform Act Litigation Reporter