Matthew M. Gurvitz
Partner, Litigation
Matt Gurvitz is a partner in the Litigation Department. Matt's broad range of experience—including consumer product, entertainment, general business, employment, and probate litigation –provides a multidisciplinary wealth of knowledge from which to creatively approach any complex dispute. Media and entertainment disputes often intersect with various aspects of the law, and Matt’s disparate background allows him to see arguments and potential settlement alternatives that may not be obvious.
In addition to a significant litigation practice, Matt also advises companies on myriad legal issues in the hopes of avoiding litigation. Matt serves as outside general counsel to several media and entertainment companies, providing advice on intellectual property issues, contract issues, and litigation risks. This background serves a foundational role in Matt’s approach to any dispute – the client’s view and objective. Outside litigation counsel can, at times, miss how any given litigation or even litigation strategy and argument could impact the client’s business, affect other relationships the client may have, and distract from the overall business objective. Matt tries to take a practical approach to litigation with these issues in mind.
But at the end of the day, Matt is a trial lawyer and not afraid to take a case to a jury. Matt has extensive experience trying cases, both in court and confidential arbitration. When it comes to trial, Matt leaves no stone unturned and takes a no prisoner’s approach.
Experience
- Benchmark Litigation, 40 & Under List - Entertainment and Commercial (California), 2024
- Lawdragon 500, Leading Litigators in America, 2022, 2024
- Super Lawyers,
- Southern California – Rising Star, 2016-2024
- Up-and-Coming 100: Southern California Rising Stars, 2024
- Daily Journal, Top Verdicts, 2022
- The AmLaw Litigation Daily, Litigator of the Week Runner-Up, 2022
- Graduate of the International Association of Defense Counsel (IADC) Trial Academy, an intensive, week-long program at Stanford University designed to develop defense trial advocacy skills
- Member, Pro Bono Civil Rights Panel, United States District Court for the Central District of California
- Member, American Bar Association
- Board member, Association of Business Trial Lawyers (ABTL), Los Angeles Chapter
Entertainment/Business Litigation
- Obtained complete defense verdict on behalf of stem cell clinic against the United States and FDA over the FDA's authority to regulate stem cell procedures
- Obtained $15 million judgment on behalf of singer/model for claims of sexual assault against prominent music producer, which was affirmed in full by the California Court of Appeal
- Represented business owner in contentious breach of oral contract claim against his former company, resulting in favorable settlement
- Successfully prosecuted claims for trademark infringement by a competitor company, resulting in favorable settlement
- Successfully defended software company against claims of trade secret misappropriation against direct competitor
- Successfully represented online retailer against claims of copyright infringement in connection with music used on social media posts
- Successfully defended a media company against claims of trade secret and intellectual property misappropriation
- Defended a media company in a multi-day breach of contract arbitration, resulting in a favorable settlement
- Represented an international shipping company against claims arising under maritime law, resulting in a favorable settlement
- Defeated a motion to compel arbitration on behalf of a medical group that brought claims against its billing company, which was upheld by the Court of Appeal
- Represented an entertainer in a breach of contract claim against a national alcoholic beverage company in California state court
- Represented a private equity company in a breach of contract claim and a breach of fiduciary duty action against former officers of a portfolio company
- Defended a private equity company against claims for breach of contract, breach of fiduciary duty and fraud, brought by the former CEO of an entertainment company
- Successfully defended a franchisor against claims of misrepresentations by franchisees, resulting in a favorable settlement
- Successfully obtained civil harassment restraining orders for various celebrities and entertainers
False Advertising/Class Actions
- Successfully defended a manufacturer of fruit snacks at a bench trial related to the representation "Fruit is our 1st Ingredient," which was affirmed by the California Court of Appeal
- Successfully moved to dismiss, without leave to amend, a nationwide class action complaint in New York federal court regarding the representation "with fiber"
- Successfully moved to dismiss a nationwide class action complaint against a pet food manufacturer related to alleged false and misleading labeling of the products' content
- Defeated a motion for class certification of a New Jersey consumer class action brought against a manufacturer of fruit snacks related to the representation "made with real fruit"
- Defeated a motion for class certification on behalf of a pet store against a California consumer protection and unfair competition class action
- Successfully moved to dismiss a California class action complaint, without leave to amend, on behalf of a nutritional supplement company regarding labeling describing the amount of omega-3 in a serving size
- Successfully defended a food product manufacturer against a California consumer class action related to "imitation" meat resulting in a dismissal of the complaint
- Defended a nutritional supplement distributor against federal Lanham Act and California state unfair competition claims related to generally recognized as safe (GRAS) claims resulting in a favorable settlement
Product Safety/Toxic Tort/Personal Injury
- Obtained summary judgment on behalf of franchisor for claims of personal injury at franchisee location
- Defended a rental car company against claims for personal injury in connection with vehicle collisions, resulting in either dismissals or favorable settlements
Employment Litigation
- Successfully represented a medical device company against California class action claims of consumer protection law
- Defended a pharmaceutical company against numerous product liability claims around the country in complex coordinated procedures
- Defended an oil drilling rig manufacturer against complex toxic tort/chemical exposure claims in a multi-year litigation
- Successfully defended a nationwide hospitality company against numerous personal injury claims, resulting in favorable settlements
- Obtained summary judgment on behalf of national cable provider in an alleged harassment and discrimination action
- Obtained a dismissal without leave to amend on behalf of a nationwide retailer related to alleged insufficient protections against COVID-19
- Obtained a dismissal with prejudice on behalf of defense contractors regarding allegations of California employment violations for work performed outside of the United States
- Successfully represented a national retailer against Cal/OSHA claims, obtaining a reversal of the citation following an administrative trial
Probate Litigation
- Represented a trustee in litigation regarding the division of responsibilities in managing trust-owned assets, resulting in a favorable settlement
- Represented the beneficiary of a trust in obtaining a distribution being improperly withheld
Regulatory/Advice
- Served as outside general counsel for large publicly traded fitness company, advising on all legal issues affecting the company
- Advised various consumer product companies on advertising compliance issues
- Advised various companies on website terms and conditions, and privacy policy compliance
- Advised retailers, distributors, and manufacturers on product safety compliance, including compliance with the Consumer Product Safety Commission regulations
Credentials
Education
University of California College of the Law, San Francisco, J.D. (cum laude) University of Illinois, B.S.
Bar Admissions
Court Admissions
United States District Court, Central District of California United States District Court, Southern District of California United States District Court, Northern District of California United States District Court, Eastern District of California United States Court of Appeals, 9th Circuit