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Gary has represented major companies in pharmaceutical, medical device and construction litigation. Individual cases have had settlement demands in excess of $100 million. Many of these cases have been based upon strict products liability, negligence, warranty and contract.
In the area of pharmaceutical litigation, Gary was instrumental in settling the seminal case of Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, after its remand by the California Supreme Court. This case established the theory of market share liability in drug products cases. Subsequently, Gary briefed and argued the case of Magallanes v. Superior Court (1985) 167 Cal.App.3d 878, before the California Court of Appeal on the issue of the application of punitive damages in market share liability cases. He was also trial counsel in a number of the early DES cases.
Gary took the expertise he obtained in pharmaceutical cases and applied it to construction litigation. He has represented general contractors, developers and subcontractors on over $1 billion of litigation in California, Nevada, Arizona and Colorado. He has also represented individual homeowners and homeowner associations in construction defect litigation.
The knowledge and experience Gary gained while handling multi-party and mass tort litigation has provided him with a wealth of resources to assist counsel in resolving complex cases. There is no substitute for having been in the trenches.
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In 1991, Gary and a small group of innovators founded The Westerly School of Long Beach, a kindergarten through 8th grade non-profit independent school. After only a few years, the school became accredited through the California Association of Independent Schools and the Western Association of Independent Schools.
While serving on the board and/or as vice president of the board of trustees, Gary was heavily involved in governance, employment issues and fund raising. He is conversant with NAIS, CAIS, and WAIS guidelines associated with schools. He drafted and negotiated contracts and gave advice on employee issues. He is familiar with construction, capital development, fund raising, board of trustee disputes, board and head of school relations, teacher relations,
risk management, employment and contract matters.
He strongly believes that non-profit and public schools can save a fortune by avoiding litigation. Gary understands all sides of the issues that involve the board of trustees, headmaster, faculty, students and their families. He believes that mediation can be particularly effective on school governance, employment and contract disputes. With his unique experience, Gary can bring both parties to a successful resolution.
Mediation can also be extremely effective involving disputes concerning the application of the Individuals with Disabilities Education Act and in negotiations concerning a child's individualized education program (IEP). Under the Individuals with Disabilities Education Act, voluntary mediation is encouraged. Mediation agreements are legally binding and can save a family and the school considerable amounts of time and money.
Gary has also served on the Board of Trustees of the Long Beach Symphony Orchestra and the Jewish Federation of Long Beach and West Orange County. He was heavily involved in governance, employment and fund raising issues. He was also a leader in the construction of an 85,000 square foot community facility and has provided his legal expertise in the negotiation, drafting of contracts, construction and resolution of disputes involving the construction.
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