Seth M. Gerber is an accomplished trial lawyer who focuses on trade secret and noncompete matters. Seth has been repeatedly recognized as one of California's Top Trade Secrets Lawyers by the Daily Journal and named as a Leading Lawyer nationally for his trade secrets practice. According to The Legal 500, Morgan Lewis’s “trade secrets working group head Seth Gerber enjoys a stellar reputation in the space for his work as a trial lawyer, prosecuting and defending claims for misappropriation and mass raid cases.”
Seth’s cases cover a broad range of confidential and trade secret information from customer lists to sophisticated, innovative technologies, including semiconductors, electric fracking equipment, and custom-engineered parts for aerospace, space, and military industries. Seth has experience in cross-border litigation and forensic investigations. He also counsels clients with respect to defining, classifying, and protecting their confidential, proprietary, and trade secret information. Seth 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 in jurisdictions across the United States.
Seth has been profiled by the Daily Journal for his cross-border litigation to recover cultural and religious property seized during World War II. Seth has participated in a hearing before the US Senate Helsinki Commission, negotiated with high-ranking foreign officials and the US State Department, and obtained a favorable judgment and sanctions award of more than $175 million against a foreign state.
Seth currently serves on the Steering Committee for the Sedona Conference Working Group 12 on Trade Secrets, and he regularly speaks on panels for the Practising Law Institute, American Bar Association, American Intellectual Property Law Association, and Sedona Conference on trade secret matters. Seth frequently publishes articles about trade secret law and co-authored the chapter on injunctions in the treatise Trade Secret Litigation & Protection by the Intellectual Property Section of the California Lawyers Association.
Seth has served on the boards of several community and civil rights organizations. He is a recipient of the State Bar of California's Wiley M. Manuel Award for Pro Bono Legal Services and the Anti-Defamation League's Daniel R. Ginsberg Leadership Award.
Obtained a judgment ordering a foreign state to return irreplaceable religious property that was looted during World War II and a monetary sanctions award of $50,000 per day, now totaling $175 million
Obtained an arbitration award worth $25 million in stock and $6 million in attorney fees and costs. The arbitrator found the opposing party liable for fraudulent inducement, fraudulent concealment, breach of confidential relationship and undue influence, and concluded that the respondent had engaged in willful, malicious, systematic, and intentional fraud and deceit
Obtained a complete defense verdict and $6.13 million award of attorneys’ fees and costs after a lengthy jury trial concerning the departure of 75 insurance professionals from a competitor’s offices in Fresno, Salinas, and Walnut Creek, California; plaintiff had sought $50 million in damages plus exemplary damages of twice that amount but obtained nothing
Obtained a judgment after a bench trial declaring that the defendant’s covenant not to compete and Illinois choice-of-law and forum selection provisions in stock agreements were unenforceable
Obtained a dismissal with prejudice of claims for misappropriation of trade secrets against a Chinese telecommunications company on the grounds that the plaintiff did not plausibly allege a conspiracy
Obtained a preliminary injunction against insurance producers and an insurance brokerage firm precluding them from any improper use or disclosure of confidential or proprietary information
Obtained a preliminary injunction against a sales engineer and competitor in the aerospace industry prohibiting the defendants from any improper use or disclosure of confidential, proprietary, or trade secret information
Defeated a motion for preliminary injunction after an evidentiary hearing in the Circuit Court of Cook County, Illinois; the plaintiff sought injunctive relief against an insurance brokerage firm and insurance professionals for alleged misappropriation of trade secrets
Defeated a motion for preliminary injunction sought in the Court of Chancery in Delaware against an insurance brokerage firm and insurance professionals for alleged misappropriation of trade secrets
Defended one of California’s largest independent physician associations in a lengthy jury trial for alleged misappropriation of trade secrets and breach of contract; the jury found that the defendant did not engage in any willful or malicious misconduct and awarded a tiny fraction of the damages sought
Obtained a favorable jury trial verdict and damages against a distributor of fashion accessories for copyright infringement
Represented the University of Southern California (USC) in a lawsuit against a Tenet Healthcare subsidiary seeking a court declaration that Tenet had defaulted under a long-term ground lease and operating agreement, which resulted in USC’s acquisition of University Hospital and Norris Cancer Center from Tenet
Obtained a favorable arbitration award for USC in a dispute concerning the value of a medical office complex
University of California, Hastings College of the Law, 1999, J.D.
Trinity College, 1994, B.A., Departmental Honors, Pi Gamma Mu
Supreme Court of the United States
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Federal Circuit
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US District Court for the Western District of Texas
US District Court for the Northern District of Illinois
Awards and Affiliations
Leading Lawyer, Intellectual property: Trade secrets (litigation and non-contentious matters), The Legal 500 US (2022)
Recommended, Intellectual property: Trade secrets (litigation and non-contentious matters), The Legal 500 US (2020, 2021)
Recognized, Thriving in Their 40s, Los Angeles Business Journal (2020)
Recognized, Top Trade Secrets Lawyers in California, Daily Journal (2020–2022)
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, 2022, 2023)
Recognized, Southern California (business litigation), Super Lawyers (2011–2022)