ROBERT S. GERBER, ESQ.

Representative Professional Liability Experience

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  • Represented a San Diego lawyer and his law firm in a legal malpractice cross-complaint arising out of a complicated real estate development partnership dissolution.  Case settled favorably.
  • Represented a San Diego business litigation lawyer in a legal malpractice case arising out of a complicated divorce involving the alleged under-valuation of a closely held corporation.  Tried the case and obtained judgment of nonsuit in favor of our client.
  • Represented a Los Angeles law firm and its partners in a legal malpractice action arising from an underlying failed premises liability case involving a rape in an apartment complex, which the clients lost; obtained summary judgment on behalf of the clients.  (Case presently on appeal.) 
  • Represented a San Diego law firm and a number of its lawyers in a legal malpractice/breach of fiduciary duty case arising out of the alleged use of confidential information against the firm’s prior clients.  Obtained summary judgment for our clients against the key plaintiffs; remainder of case settled without any payment to plaintiffs. 
  • Represented a San Diego law firm and one of its partners in a lawsuit for alleged fraud brought by a former adverse party.  Obtained judgment of dismissal on grounds of the litigation privilege.  
  • Represented a Washington law firm and various partners in a lawsuit for alleged malicious prosecution of an underlying patent lawsuit.  Settled case favorably.  
  • Represented a San Diego law firm and one of its partners in a legal malpractice lawsuit arising out of a failed real estate development scheme.  Settled case favorably.  
  • Represented a Washington, D.C. law firm and one of its partners in a legal malpractice case arising out of the firm’s employment of a patent expert who committed fraud with respect to his credentials.  Settled case favorably. 
  • Represented a Los Angeles insurance broker and his firm in a broker malpractice claim brought by a public company for alleged failure to secure proper coverage.  Settled case favorably.  
  • Represented an accountant in a claim of alleged malpractice arising out of an alleged tax reporting error.  Settled case favorably.
  • Represented a New York law firm and two of its partners in an alleged legal malpractice and fraud claims arising out of an underlying securities transaction.  Settled case favorably on the eve of trial when plaintiffs made a very low offer. 
  • Represented San Diego law firm and all of its partners in a lawsuit alleging malicious prosecution; motion for summary judgment for lack of probable cause was denied, but reversed on a writ, thus our clients prevailed and the case was dismissed before trial. 
  • Represented a Lloyds, London insurance syndicate in a lawsuit and subsequent arbitration with a separate insurance carrier over contributions to coverage for an underlying legal malpractice claim.  Case was settled directly by clients on a “min/max” basis after arbitration was heard but before decision was rendered; our client then received an arbitration award in its favor, a complete defense. 
  • Represented a Lloyds, London insurance syndicate as insurance coverage counsel with respect to an underlying legal malpractice claim against one of its insured attorneys.  Claim was paid and resolved without litigation.  
  • Represented numerous departed professionals and their new employers from around the country in lawsuits brought by their former employers for alleged theft of trade secrets or breaches of their nondisclosure agreements, including, among others, the President of a major golf manufacturer, a team of securities brokers for a major brokerage house, the top salesman of a local electronics manufacturer, two technical experts from a telecommunications company, and the manager of a temporary worker service company.  Similarly, represented numerous San Diego companies in their lawsuits against such departing professionals and their new employers, including a major golf manufacturer, a court-reporting equipment manufacturing company, a securities brokerage firm, and a telecommunications equipment manufacturing company.  All settled favorably. 
  • Represented a San Diego radio station in a lawsuit involving a claim of breach of fiduciary duty and professional negligence against a former consultant.  Case settled favorably. 
  • Represented a former employee and an in-house attorney of a failed Silicon Valley “dot com” business with potential exposure for alleged legal malpractice in advice concerning copyright issues.  Case resolved without any payment by client. 
  • Represented a New York educational testing company in a civil rights/negligence claim by a psychological licensing candidate who claimed discrimination in the administration of the test; obtained dismissal of the action on the eve of trial. 
  • Represented a Swiss coordinating entity of a large global network of accounting firms in four different state and federal securities fraud and professional liability lawsuits arising out of the bankruptcies of a software company and a telecommunications company.  Obtained dismissal with prejudice in one case on 12(b)(6) motion; obtained dismissal on lack of personal jurisdiction in second case; and received dismissals without payment of any monies in remaining two cases.