Kevin S. Rosen is a partner in the Los Angeles Office of Gibson, Dunn & Crutcher LLP. Mr. Rosen is a member of the firm’s Litigation Department. He focuses on business and commercial litigation in state and federal trial and appellate courts throughout California and across the country, with an emphasis on professional liability defense, health care litigation, trade secret litigation, securities litigation, real estate litigation, consumer fraud class actions, unfair competition, 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 80 high-stakes cases for law firms across the United States with aggregate claims exceeding $20 billion, as well as several significant disputes with departing partners. Mr. Rosen previously served as Chairman of the firm’s Health Care Practice Group and has successfully handled bet-the-company cases on behalf of health care provider companies, skilled nursing facility companies, medical device companies, and pharmaceutical companies ranging from governmental investigations by state and federal agencies to Lanham Act and trade secret disputes to FCA matters. 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 class and derivative actions, SEC investigations, hostile takeovers, and proxy contests. Mr. Rosen’s real estate litigation experience includes unfair business practices 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. Mr. Rosen has also successfully handled a number of government investigations by the FTC and various states attorneys-general of, and various high-stakes commercial litigation matters related to, on-line and affiliate marketing networks related to privacy, lead generation, spyware and other commercial email practices.
Some of Mr. Rosen’s recent achievements include:
- Successful defense of client in seven week jury trial involving issues of real estate investment and development, estate planning, ERISA, and tax; jury found plaintiff 87% comparatively negligent.
- Won lengthy arbitration regarding claims arising out of a pharmaceutical company acquisition with allegations of improper handling of drug development agreement and resulting ICC arbitration. The Tribunal rejected all claims seeking over $600 million, awarded all damages asserted in client’s counterclaim, and awarded all of Gibson Dunn’s fees.
- Won lengthy arbitration regarding claims arising out of acquisition of a medical device company. The Tribunal rejected all claims seeking over $60 million and awarded all of Gibson Dunn’s defense fees.
- Convinced arbitration panel to reject multi-million dollar claims for fraud, breach of fiduciary duty, and disgorgement arising out of False Claims Act lawsuit and to award legal fees. Prior to the commencement of the arbitration, successfully rebuffed opponent’s effort to avoid arbitration in both the trial court and the California Court of Appeal. Matter is currently before the California Supreme Court.
- 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 initial involvement 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 real estate investments and related transactions seeking in excess of $45 million; won affirmance by California Court of Appeal.
- Won dismissal of eight-count complaint under federal securities laws and myriad state laws arising out of an alleged fraud in connection with pre-IPO shares of Facebook, Inc.
- Won dismissal of trade secret and product liability lawsuit in connection with a series of 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 Ninth Circuit.
- Won summary judgment regarding claims in excess of $539 million regarding the manufacture, distribution and sale of specialty wire products.
- Won dismissal of $60 million class action lawsuit against Texas-based, international law firm by investors in real estate investment and development company alleged to have been a Ponzi scheme. Won affirmance of dismissal on appeal.
- Won dismissal of $36 million lawsuit by trustee for Cayman Islands hedge fund in New York against global law firm asserting claims of aiding and abetting fraud and breach of fiduciary duty arising out of a series of residential, mortgage- backed securities and collateral debt obligations. In re ICP Strategic Credit Income Fund ltd., 568 B.R. 596 (S.D.N.Y. 2017). Won affirmance of dismissal on appeal.
- Won dismissal of claims in connection with defense of a shareholder derivative action in Delaware.
- Won dismissal of a six-count complaint arising out of an 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.
- Won dismissal of class action brought under Sections 11 and 12(b) of the Securities Act of 1933 in connection with a technology IPO.
- 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. Seyfarth 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 Northern California trial court to reduce a $97 million punitive damages award rendered prior to his retention against largest owner/operator of nursing homes in the United States to $3 million. Won affirmance on appeal.
- 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 joined Gibson Dunn in 1988 after a one-year clerkship with the Honorable William D. Keller, U.S. District Judge for the Central District of California. 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. While at Dartmouth, Mr. Rosen received the Ray W. Smith Award, which is presented to the student who “has made a significant and distinctive contribution to the stature of the College.”
Mr. Rosen has been recognized in The Best Lawyers in America® and by another prominent publication as one of California’s “Super Lawyers” for each of the past fourteen years. Mr. Rosen served as Chairman of the firm’s National Hiring Committee from 1999 to 2006.
Click Here for Link to Mr. Rosen’s Law Firm Defense Profile