Matthew Gershman

Matthew Gershman

Shareholder

Matthew Gershman is a shareholder in the firm’s litigation and appellate groups. Matthew handles all phases of litigation in both federal and state courts from the pleadings stages through trial, as well as through writ proceedings and direct appeals. He has particular experience in disputes involving real estate, family trust management and copyright claims, as well as class-action claims in the areas of false advertising, unfair competition, and products liability.

 

Capabilities

Experience

  • Represented developer of luxury waterfront condominium complex in Long Beach, California against claims brought by homeowner’s association, on behalf of condominium owners, to challenge monthly compensation owed to developer from inception of complex through 2041. After three week trial, defeated claims for disgorgement of past fees paid and to reduce fee to zero or a nominal fee going forward (rather than a fee pursuant to the contractual formula), resulting in seven-figure judgment in developer’s favor. Also handled appeal and defense of cross-appeal, with the final appellate decision resulting in a substantially larger and eight-figure judgment in developer’s favor. See Marina Pacifica Homeowners Association v. Southern California Financial Corporation, 232 Cal. App. 4th 494 (Ct. App. 2014), review denied Mar. 11, 2015.
  • Obtained dismissal at the pleading stage of a securities fraud mass action against one of the world’s largest real estate investment firms involving tenant-in-common investments in commercial property.
  • Represented Teva Pharmaceuticals USA Inc. in Corber v. Xanodyne/Romo v. Teva Pharmaceuticals USA Inc., 771 F.3d 1218 (9th Cir. 2014) (en banc), in which the Ninth Circuit, sitting en banc, reversed an order of remand following removal under the mass action provisions of the Class Action Fairness Act. Case was one of first impression concerning the impact of a plaintiff’s request for coordination of actions under California’s coordination statutes.
  • Represented the sole non-contingent beneficiary of a $400+ million family trust against the originally named co-trustees, in a six-month trial resulting ultimately in the suspension and removal of the co-trustees. Also handled successful defense on appeal. See Hughes v. Klein, No. A138983, 2015 WL 1455981 (Cal. Ct. App. 2015), review denied June 10, 2015.
  • Obtained dismissal at the pleading stage on behalf of a major telecommunications provider in lawsuit alleging violations of equal protection, civil rights, and consumer protection laws.
  • Obtained dismissal on behalf of entertainer Miley Cyrus against purported $4 billion class action suit alleging civil rights violations.°
  • As second-chair at trial, obtained defense judgment on behalf of client against palimony/contract claims in excess of $100 million.
  • Obtained dismissal on behalf of a Canadian pay-television provider against breach of contract claim concerning a C$20+ million feature film output deal.°
  • As second-chair at trial, obtained defense judgment on behalf of client against construction defect/alter-ego claims in excess of $10 million.°
  • Obtained dismissal on behalf of The Endeavor Agency, LLC against copyright infringement claims.°
  • Obtained dismissal on behalf of Morgan Creek Productions against fraud and tortious interference claims concerning the rights to a film project based on the life of Tupac Shakur.°
  • Represented Lionsgate Films, Inc. in a suit concerning the distribution rights to the award winning film Precious: Based on the Novel "Push" by Sapphire

° Certain of the above representations were handled by Mr. Gershman prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Board of Directors, Chimpanzee Sanctuary Northwest
  • Member, American Bar Association
  • Member, Association of Business Trial Lawyers Los Angeles
  • Member, Century City Bar Association
  • Mock Trial Coach for Reseda High School Team
  • Former Member, Board of Directors, Homeowners Association

Credentials

Education
  • J.D., magna cum laude, Pepperdine University School of Law, 2007
  • B.S., summa cum laude, University of Maryland, 2004
Admissions
  • California
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California