Jeffrey H. Reeves has spent his entire career with Gibson, Dunn & Crutcher. He is a litigation partner and recently completed an eight-year term as Partner in Charge of the Orange County office. His practice focuses on complex business disputes at the trial court level and in ADR settings. Mr. Reeves is an experienced trial lawyer and represents companies from the sports, nutrition, apparel, life sciences, entertainment and other industries in business and tort cases, including handling high-profile endorsement contract disputes, trade secret misappropriation cases, and data breach and securities fraud class actions. Mr. Reeves is a member of the firm's Sports Law; Class Actions; Privacy, Cybersecurity, and Consumer Protection; Intellectual Property; and Life Sciences Practice Groups.
Among his recent matters, Mr. Reeves is currently leading the defense team in a high-stakes breach of fiduciary duty action filed by passive minority shareholders against executives of BioNutritional Research Group, the protein nutrition company that manufactures the popular PowerCrunch ™ bars, in Orange County Superior Court. He was also part of the team that won summary judgment on behalf of Nike in a lawsuit filed by Oakley against golfer Rory McIlroy and Nike following Mr. McIlroy's decision to sign an endorsement contract with Nike, ending his relationship with Oakley. Mr. Reeves is lead counsel for St. Joseph Health System and its affiliated hospitals in a number of different data privacy breach class actions in which plaintiffs assert violations of the Confidentiality of Medical Information Act and Consumer Records Act.
Mr. Reeves recently received the Anti-Defamation League's Marcus Kaufman Jurisprudence Award that the Orange County Chapter of the ADL bestows each year on attorneys who make outstanding contributions to the legal profession and to the community. He has been selected by the Southern California legal community for inclusion in The Best Lawyers in America® since 2013.
Mr. Reeves currently serves on the following boards or is otherwise active in the following professional and community organizations:
- Orange County Bar Association, Judiciary Committee member, Investment Advisory Sub-Committee member and Chair of 2016 Golf Committee
- Orange County Bar Foundation, Board member
- Orange County Business Council, Executive Committee member and Legal Affairs Committee Chair
- Hoag Charity Sports Events, Board member
- Hoag Irvine Campaign Advisory Committee member
- Association of Business Trial Lawyers, past President of Orange County Chapter
- Former Central District Lawyer Representative to the Ninth Circuit Judicial Conference
- Federal Bar Association, Orange County Chapter, past President
- Constitutional Rights Foundation of Orange County, President Emeritus
- DiscoveryCube OC, Vice Chairman of the Board
- ExplorOcean, Board member
- MIND Research Institute, Board member
Securities and Other Class Action Litigation
- Aslan H. Abregov, et al.v. Bio-Nutritional Research Group, Inc., et al. Recently completed one-week bench trial before the Honorable Ronald Bauer on behalf of defendant cross-complainants and majority shareholder officers and directors seeking reformation of shareholder agreement in ongoing litigation initiated by passive minority shareholders in BioNutritional Research Group, the maker of PowerCrunch ™ bars. The Court ordered reformation, and the matter is now proceeding to a phase 2 bench trial on plaintiffs' breach of fiduciary duty claims.
- St. Joseph Health System Data Privacy Breach Litigation. Represent St. Joseph Health System and its affiliated hospitals in coordinated class actions filed, and now settled, in Orange County Superior Court, Civil Complex, asserting violations of the Confidentiality of Medical Information Act and Consumer Records Act, as well as other state law claims, arising from alleged disclosure of Personal Health Information affecting 31,800 patients.
- St. Joseph Health System Data Privacy Breach Litigation. Represented Health System in a separate data breach putative class action in Sonoma County involving over 30,000 patients. Court sustained demurrer to entire complaint without leave to amend.
- Allergan Shareholder Derivative Litigations. Represented current and former directors in two separate derivative litigation matters pending in Delaware and California, one arising out of company's $600 million settlement of government investigations and qui tam complaints, and the other arising from the plaintiff's contention that Allergan's Incentive Award Plan was defective because executive compensation paid pursuant to the Plan is allegedly not tax-deductible under section 162(m) of the Internal Revenue Code. Dispositive motions to dismiss were granted in both cases.
- In re Mobile Privacy MDL. Part of defense team that obtained dismissal on behalf of mobile advertising and analytics networks in nationwide class action alleging that defendants collected and disclosed data and personal information from mobile devices without users' knowledge and consent, on grounds that plaintiffs lacked Article III standing and failed to state a viable claim.
- Vaughn v. Avanir Pharmaceuticals, Inc., et al. Represented pharmaceutical company and directors in putative class action case alleging violations of federal securities laws. Court dismissed the case over plaintiff's objections.
- Richard Kralick v. Avanir Pharmaceuticals, Inc. Defended Avanir in state court securities fraud litigation brought, and eventually dismissed, by a former shareholder.
- Judy and Russell Williams, et al. v. Mission Hospital Regional Medical Center; St. Joseph Health System, et al. Represented Hospital and Health System in defending putative class action alleging duty to warn patients of the potential for independent contractor physicians to engage in practice of balance billing.
- The Williams Companies Securities Litigation. Defended energy company and officers in multiple federal securities class actions in Tulsa, Oklahoma seeking upwards of $1 billion in damages.
- Sunhaven v. Harry H. Arzouman. Tried federal common law securities fraud case for plaintiff before a jury and the Honorable Alicemarie Stotler in the Central District of California. Jury returned special verdict finding fraud and awarding damages and punitive damages in plaintiff's favor.
Other Business Litigation
- Nike, Inc. v. Dekovic, et al. Represented Nike in trade secret misappropriation litigation in Oregon state court related to departure of three footwear designers. Secured a confidential settlement for Nike Inc. less than six months after winning a TRO and a preliminary injunction against the designers.
- Michael Jordan v. Dominick's. Represented intervenors Nike and Gatorade in August 2015 trial in District Court in Chicago involving basketball legend Michael Jordan's damages claims resulting from the defendant's publishing of an advertisement in Sports Illustrated that included Jordan's name and Chicago Bulls jersey number. Jordan sought damages, pointing to the value of his endorsement deals with sponsors like Nike, Gatorade, and Hanes. Nike and Gatorade intervened to protect the confidentiality of key details of the endorsement contracts, which have been described as some of "the most competitively valuable documents in the industry." Persuaded the Court to reject defendants' efforts to publicly disclose confidential details of the endorsement contracts.
- Mahaffey & Associates v. Angus Petroleum. Represent Angus Petroleum in dispute with former counsel. Claimant was seeking in excess of $11 million in damages. First-chaired a two-phase, nine-day JAMS arbitration final hearing before Arbitrator Richard Chernick that resulted in a Final Award denying all of Claimant's claims in their entirety, awarding nothing, and declaring Angus to be the prevailing party. Parties are awaiting final decision as to the appropriate amount of fees and costs to be awarded to Angus as prevailing party.
- Morgan Joseph Triartison LLC v. Netlist, Inc. et al. Represent defendant in New York Supreme Court defending allegations of breach brought by former investment banker to the company. The Court granted Netlist's motion to dismiss in its entirety without leave to amend.
- LaJolla Pharmaceutical Company v. TFS Trial Form Support. Represent plaintiff pharmaceutical company in District Court litigation in San Diego alleging breach of defendant's obligation to provide a proper Phase 2b clinical trial. Matter is at the pleading stage.
- United States of America ex rel. Mark McGrath v. Microsemi. Represent Microsemi in $1.6 billion qui tam action in District Court in Arizona. Court granted Microsemi's motion to dismiss. Relator appealed and oral argument before the 9th Circuit Court of Appeal is now set for April 2017.
- Oakley, Inc. v. Nike, Inc., Rory McIlroy. Part of defense team that won summary judgment on behalf of Nike in lawsuit filed by Oakley against golfer Rory McIlroy and Nike following Mr. McIlroy's decision to sign an endorsement contract with Nike, ending his relationship with Oakley. The decision was handed down by the Honorable James V. Selna in the Central District of California.
- Western Digital Technologies, Inc. v. Packaging Plus Services LLC, et al. Represented Western Digital in Orange County Superior Court action filed to recover upwards of $18 million worth of hard drives being held by defendant company that had ceased operations. Obtained emergency writ of possession on an ex parte basis and the property was recovered within days.
- Grateful Dead, et al. v. Wolfgang's Vault. Represented performers and record companies (including Grateful Dead, Led Zeppelin, The Doors, Carlos Santana, and Sony Music Entertainment) in a case asserting copyright infringement, trademark infringement and violation of right of publicity and in connection with defendants' acquisition of Bill Graham archives and operation of Wolfgang'sVault.com. Obtained landmark settlement after obtaining key discovery rulings and order dismissing counterclaims.
- UST Global v. Knowledge Crossing. Represented plaintiff UST in Orange County Superior Court, Delaware state court and JAMS in matters relating to dispute regarding alleged oral agreement asserted by defendant Knowledge Crossing. The matter resolved pursuant to a favorable settlement agreement.
- Supreme Foodservice GMBH v. Fluor Intercontinental, Inc. Defended Fluor in litigation initiated by subcontractor arising out of U.S. war effort in Afghanistan. Subcontractor sought upwards of $15 million based on a novel "withhold if withheld" clause in its contract with Fluor. In a matter the court recognized as presenting questions of first impression, the Honorable Stephen V. Wilson (Central District of California) granted summary judgment in Fluor's favor, approving Fluor's withholding of upwards of $9.0 million thereunder. Subcontractor subsequently filed its own motion for summary judgment on the remaining claims, which the court denied, resulting in a stipulation completely dismissing the matter.
- TOMS Shoes, Inc. v. David Butler. Represented global footwear and eyewear designer and distributor in litigation with former U.K. sales representative.
- Kieran Maguire v. Melissa Joan Hart, et al. Represented T.V. and motion picture actress in defense of claims for breach of alleged oral management contract seeking future commission payments related to hit television series Melissa & Joey in Los Angeles Superior Court.
- Lou Novak v. Playmates Toys Inc. Represented international toy company in state court litigation filed by former executive, and in arbitration pending in Orange County. The matter was settled confidentially.
- Uniloc USA, Inc. et al. v. Sureloc, Inc. Represented Microsoft Corporation in connection with Orange County Superior Court case involving rights to patent designed to combat software piracy, litigating questions of ownership of such rights, and efficacy of a license and contractual release from claims of infringement.
- Neal R. Cutler, M.D. v. Avanir Pharmaceuticals, Inc. et al. Representing Avanir in breach of contract and tort litigation in Los Angeles Superior Court seeking damages of upwards of $35 million for alleged failure to make payments related to sales of an FDA-approved drug.
- LPL Holdings, Inc., et al. v. Pacific Life Insurance Company. Represented Pacific Life in New York Supreme Court action alleging multimillion-dollar indemnification claims and seeking declaratory relief.
- Maurice Levy, M.D. v. Allergan USA, Inc., et al. Defended Allergan in tort and contract action filed in Los Angeles County Superior Court seeking more than $25 million in damages. Demurrer sustained without leave to amend as to all eight causes of action and complaint dismissed. Argued the appeal in the Second Appellate District Court of Appeal where a unanimous panel affirmed the trial court's decision and concluded that the trial court properly sustained Allergan's demurrer without leave to amend.
- Vigil v. St. Joseph Hospital of Orange, et al. Defended hospital in case seeking millions of dollars in damages involving whistleblower allegations under California statutes, and allegations of wrongful termination, intentional torts and breach of contract. Following mediation, Plaintiff dismissed the complaint for no consideration.
- Confidential plaintiff v. California pharmaceutical company. Tried civil contempt case to verdict against former CEO of pharmaceutical company client in Superior Court in San Diego. The court found the former CEO guilty on all 58 counts of contempt that were charged. The court imposed the maximum permissible fine under the California statute imposed, and issued an order finding that all attorneys' fees incurred by the Company in prosecuting the action were reasonable and requiring the former CEO to pay those fees.
- OnCure Medical Corp. v. Mission Hospital Regional Medical Center. Defended Mission Hospital against claims from tenant seeking to enjoin construction of new multimillion-dollar medical tower in South Orange County designed to house state-of-the-art linear accelerator, and bringing counter-claims for breaches of lease.
- Wide World of Golf & Tennis v. 2381 Fair Oaks Partners, et al. Represented commercial landlord in post-trial litigation against tenant seeking lease rescission. Hired following publishing of trial judge's tentative post-trial Statement of Decision ruling against client, and was part of team that filed and argued post-trial briefs that yielded an entirely different and completely favorable final judgment in favor of the client.
- Cedar Fair v. Minntertainment Company arbitration. Tried case before AAA arbitrator in Minnesota for Cedar Fair against entities controlling Mall of America in Minnesota. Arbitrator ruled in Cedar Fair's favor, declared it to be the prevailing party and awarded Cedar Fair a multimillion-dollar termination fee, plus attorneys' fees and costs. Successfully defended award in appellate proceedings before both the Minnesota Court of Appeal and the Minnesota Supreme Court.
- Brokovich v. St. Joseph Health System. Part of successful effort to dismiss a highly publicized lawsuit filed by activist Erin Brokovich against St. Joseph Health System alleging that St. Joseph had over billed Medicare. District Judge David Carter granted the defendant's motion to dismiss.
- Pacific Life Insurance Company v. Allianz of America. Tried case before arbitrator for PacLife in $30 million arbitration proceeding in New York against Allianz arising out of disputed put/call provision in contract regarding sale of PIMCO. Prevailed outright in Phase I of the arbitration, and the matter settled before Phase II was tried.
- ProShot Golf v. Optimal Recreation Solutions. Tried case before AAA arbitrator for Claimant ProShot, the holder/licensor of GPS patent, in multi-day arbitration proceeding. Arbitrator found ProShot's termination of exclusive license to be valid and found ProShot to be prevailing party.
- Allergan, Inc.
- Angus Petroleum
- Apria Healthcare
- Avanir Pharmaceuticals
- BioNutritional Research Group, Inc.
- Chrome Hearts
- Epson America, Inc.
- Fluor Corporation
- LifeScript, Inc.
- Microsemi Corporation
- MIND Research Institute
- Netlist, Inc.
- Nike, Inc.
- Pacific Life Insurance Company
- Rip Curl Group
- St. Joseph Health System
Hailing from Houston, Texas, Mr. Reeves earned his undergraduate degree in Economics from Texas A&M University in 1988. He attended the University of Houston Law Center where he served as Research Editor for the Houston Law Review and graduated cum laude in 1991. He spends as much time as possible with his wife Andrea and their three children, Sarah (freshman at Cornell University), Rachel (16) and Jake (12), and tries to get out on the golf course at El Niguel whenever he can.