Seth M. Gerber’s trial practice focuses on high-stakes trade secrets and non-compete litigation. Seth has been recognized by the Daily Journal as one of California’s “Top Trade Secrets Lawyers.” Seth also has been recommended by Legal 500 for Trade Secrets, and recognized in The Best Lawyers in America (commercial litigation), as a Southern California “Super Lawyer,” and in the Daily Journal as one of the top 20 lawyers in California under the age of 40 in 2011.
Seth is the leader of the firm’s IP Trade Secrets Working Group and his trial victories were featured by Law360 when Morgan Lewis was named “Employment Group of the Year.” Seth represents companies and individuals in intellectual property and business litigation involving a wide-range of claims, including misappropriation of trade secrets, breach of contract, intentional interference, and breach of fiduciary duty. He also counsels clients with respect to defining, classifying, and protecting their confidential, proprietary, and trade secret information. Seth works closely with forensic experts to conduct investigations of current and former employees. He has successfully defended complex mass “raid” cases to verdict after lengthy jury trials, and obtained and defeated ex parte applications for temporary restraining orders and motions for preliminary injunction.
Seth is experienced in cross-border litigation involving the theft of trade secrets and property overseas, including in China. He is familiar with sovereign immunity issues and has participated in a hearing before the US Senate Helsinki Commission, negotiated with foreign officials and the US State Department, and obtained a favorable judgment and sanctions award of over $122 million against a foreign state. His high-profile cross-border litigation matters have been the subject of articles in The National Law Journal, The Daily Journal, The Blog of LegalTimes, Law360, The Los Angeles Times, The New York Times, and The Washington Post, and in law review articles in the Loyola of Los Angeles International & Comparative Law Review and the International Journal of Cultural Property.
Seth co-authored the chapter on injunctions in the State Bar of California treatise on Trade Secrets and currently serves on the drafting team for the Sedona Conference, Working Group 12, on the topic of Cross Border Trade Secret Issues. He spoke on a panel at the Sedona Conference Working Group 12 Annual Meeting 2019 about the extraterritorial application of the Defend Trade Secrets Act of 2016.
Seth has served on boards of several community organizations. He is a recipient of the State Bar of California’s Wiley M. Manuel Award for Pro Bono Legal Services.
Recognized, “Thriving in Their 40s,” Los Angeles Business Journal (2020)
Recognized, “Top Trade Secrets Lawyers in California,” Daily Journal (2020)
Recommended, Intellectual property: Trade secrets (litigation and non-contentious matters), The Legal 500 US (2020)
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Recognized, Commercial Litigation, Los Angeles, The Best Lawyers in America (2019, 2020)
Recognized, Southern California (business litigation), Super Lawyers (2011–2021)
Top 20 California Lawyers Under 40, Daily Journal (2011)
Rising Star, Southern California Super Lawyers (2005–2010)
Recipient, State Bar of California’s Wiley M. Manuel Award
Recipient, Anti-Defamation League’s Daniel R. Ginsberg Leadership Award
Member, American Bar Association
Member, Intellectual Property and Litigation Sections, Los Angeles County Bar Association
Member, Century City Bar Association
Member, Sedona Conference, Working Group 12, Cross Border Trade Secret Issues
Community Service
Former Member of the National Commission, the National Legal Affairs Committee, and the National Civil Rights Committee, Anti-Defamation League
Former Chair, Board of Directors, Pacific Southwest Region, Anti-Defamation League
Former Member, Board of Directors, Los Angeles County Bar Foundation
Former Member, Associates Advisory Board, Legal Aid Foundation of Los Angeles
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