Kevin S. Rosen, a senior partner in the Los Angeles Office of Gibson, Dunn & Crutcher LLP, joined the firm in 1988 after a U.S. District Court clerkship. Mr. Rosen focuses on business and commercial litigation in state and federal trial and appellate courts and commercial arbitrations throughout the country, with an emphasis on professional liability defense, health care litigation, intellectual property litigation, securities litigation, real estate litigation, and general business disputes.
Mr. Rosen serves as the Chairman of the firm’s Law Firm Defense Practice Group (click here for link to Mr. Rosen’s Law Firm Defense Profile) and has successfully defended over 100 high-stakes cases for law firms across the United States with aggregate claims exceeding $25 billion through trial and arbitration, as well as several significant disputes with departing partners. Mr. Rosen also has successfully handled other bet-the-company cases on behalf of health care companies, skilled nursing facility companies, medical device companies, and pharmaceutical companies, as well as governmental investigations by state and federal agencies, including FARA matters, and intellectual property disputes. Mr. Rosen has litigated dozens of unfair business practices and false advertising claims and class actions in the health care, technology, real estate, mortgage and securities sectors. His securities litigation experience involves defense of class and derivative actions, SEC investigations, hostile takeovers, and proxy contests. Mr. Rosen’s real estate litigation experience includes claims against real estate brokerage companies, financial institutions and mortgage companies, large construction disputes, substantial loan fraud and complex foreclosure work for a number of financial institutions and power companies, broker liability, and other matters.
Some of Mr. Rosen’s achievements as lead trial counsel include:
- Successful defense of client in seven week jury trial involving $30 million claim arising out of real estate investment and development, including ERISA and tax issues.
- Won lengthy arbitration on behalf of medical device company against $120 million claim of fraud and breach of contract arising out of acquisition by another medical device company, convincing arbitration panel to reject all claims and to award all of Gibson Dunn’s fees.
- Won lengthy arbitration on behalf of international law firm, convincing the Tribunal to reject $60 million claim by bankruptcy trustee of former client that firm had a conflict of interest and negligently handled litigation involving a joint venture in the financial services industry.
- Won lengthy international arbitration regarding claims arising out of a pharmaceutical company acquisition with allegations of improper handling of drug development agreement and resulting ICC arbitration; successfully persuaded the Tribunal to reject claims seeking over $600 million, to award all damages asserted in client’s counterclaim, and to award all of Gibson Dunn’s fees.
- Convinced arbitration panel to reject multi-million dollar claims for fraud, breach of fiduciary duty, and disgorgement and to award Gibson Dunn’s fees.
- Successful resolution of government investigation and parallel litigation related to Foreign Agent Registration Act (FARA) and Alien Tort Claims Act.
- Won reversal on appeal upon being retained as appellate counsel of $34 million fraud judgment arising from a series real estate transactions in Florida and Georgia.
- Won defense verdict in multi-million dollar stock option trial and obtained judgment on counter-claim for theft of trade secrets.
- Won dismissal of a $250 million professional liability lawsuit in connection with a series of technology license agreements.
- Won denial of permanent injunction upon being retained post-trial in case against medical device manufacturer notwithstanding prior verdict of patent infringement where product generated annual revenue over $2 billion.
- Won dismissal of a series of class action complaints arising out of multi-state tenancy-in-common investments and related transactions seeking in excess of $50 million and affirmance by California Court of Appeal.
- Won dismissal of trade secret and product liability lawsuit in connection with various technology license agreements.
- Won dismissal of a securities class action arising out of a nationwide municipal bond offering for construction of health care facilities and affirmance by the U.S. Ninth Circuit Court of Appeals.
- Won summary judgment regarding claims exceeding $539 million regarding the manufacture, distribution and sale of specialty wire products.
- Won dismissal of $60 million class action by investors in real estate investment and development company alleged to have been a Ponzi scheme.
- Won dismissal of myriad shareholder class and derivative actions in Delaware, California, and across U.S.
- Won dismissal of a six-count complaint arising out of a $200 million alternative energy development project in Hawaii.
- Successful defense of national healthcare company against $126 million lawsuit by competitor for alleged theft of trade secrets related to outpatient rehabilitation clinics.
- Won dismissal of $300 million lawsuit asserting more than a dozen claims arising out of the sale of 22,000 acres of land in Hawaii.
- Won summary judgment in a $275 million lawsuit in connection with the development of a 5,500 student academy complex. The case involved issues related to real property acquisition, compliance with the California Environmental Quality Act, large construction project contracting and financing, environmental mitigation and remediation, and environmental insurance.
- Successfully persuaded Oregon Supreme Court to affirm validity of internal law firm privilege and to reject application of “fiduciary exception.” Crimson Trace Corp. v. Davis Wright Tremaine, 355 Or. 476 (2014).
- Won reversal on appeal upon being retained as appellate counsel of $31 million negligence and fraud judgment related to the Talent Agents Act. Blanks v. Seyforth Shaw, 171 Cal. App. 4th 336 (2009).
- Convinced California Court of Appeal effectively to preclude derivative legal malpractice actions. McDermott, Will & Emery v. Superior Court, 83 Cal. App. 4th 378 (2000).
- Obtained favorable resolution of statewide unfair business practices action brought by California Attorney General and criminal complaint brought by Santa Barbara District Attorney against largest owner/operator of nursing homes in the United States.
- Successfully persuaded a California trial court upon being retained post-trial to reduce a $97 million punitive damages award against largest owner/operator of nursing homes in the United States to $3 million.
- Won summary judgment against claims by ISP asserting $45 million in statutory damages pursuant to California Business and Professions Code arising out of allegedly falsified email header information.
- Won summary judgment in favor of affiliate marketing networks against class action claims under Ohio Consumer Sales Practices Act based on alleged deceptive and unsolicited email messages.
Mr. Rosen graduated from the Columbia University School of Law in 1987 and was designated a Harlan Fiske Stone Scholar in each of his three years at Columbia. Prior to law school, Mr. Rosen was graduated magna cum laude with honors from Dartmouth College in 1984.
Mr. Rosen has been recognized in The Best Lawyers in America® and by many other prominent publications as a leading defense lawyer. He has also been recognized as one of California’s “Super Lawyers” for each of the past fourteen years. Mr. Rosen served as Chairman of Gibson Dunn’s National Hiring Committee from 1999 to 2006.
Click Here for Link to Mr. Rosen’s Law Firm Defense Profile