Kevin S. Rosen is a partner in the Los Angeles Office of Gibson, Dunn & Crutcher. 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 consumer fraud class actions, unfair competition, legal malpractice defense, health care litigation, trade secret litigation, securities litigation, real estate litigation, and general business disputes.
Mr. Rosen serves as the Chairman of the firm's Legal Malpractice Defense Practice Group (Mr. Rosen's Legal Malpractice Defense Profile) and has successfully defended numerous high-stakes cases for law firms across the United States. Mr. Rosen also serves as Chairman of the firm's Healthcare and Life Sciences Practice Group and has successfully handled cases on behalf of health care provider companies, medical device companies and pharmaceutical companies ranging from governmental investigations by state and federal agencies (CMS, OIG, DOJ, SEC, State AGs, and local DAs) to Lanham Act and trade secret disputes to FCPA and FCA matters. Mr. Rosen has litigated dozens of unfair business practices and false advertising claims and class actions in the health care, technology (including CAN-SPAM and FTC Acts), real estate, mortgage and securities sectors. Mr. Rosen has 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. 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.
Some of Mr. Rosen's recent achievements include:
- Successful defense of client in Los Angeles in seven week jury trial involving issues of real estate investment and development, estate planning, ERISA, and tax; jury found plaintiff 87% comparatively negligent.
- Defense verdict in multi-million dollar stock option trial and obtained judgment on counter-claim for theft of trade secrets.
- 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.
- Dismissal of multiple trade secret and product liability lawsuit in connection with a series of technology license agreements.
- Dismissal of a securities class action arising out of a municipal bond offering across the United States for construction of health care facilities and affirmance by the U.S. Ninth Circuit Court of Appeals.
- Successful defense of national healthcare company against $126 million lawsuit by competitor for alleged theft of trade secrets related to outpatient rehabilitation clinics.
- Dismissal of $300 million professional liability lawsuit in connection with sale of 22,000 acres of land in Hawaii.
- Summary judgment in a $275 million lawsuit against a national law firm based in Los Angeles for alleged malpractice 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.
- Dismissal with prejudice of class action brought under Sections 11 and 12(b) of the Securities Act of 1933 on behalf of all underwriters of a technology IPO.
- Reversal on appeal upon being retained as appellate counsel of $31 million malpractice and fraud judgment related to the Talent Agents Act. Blanks v. Seyforth Shaw , 171 Cal. App. 4th 336 (2009).
- Convinced California Court of Appeal to preclude derivative legal malpractice actions. McDermott, Will & Emery v. Superior Court , 83 Cal. App. 4th 378 (2000).
- Dismissal of numerous unfair business practices and securities class actions and derivative lawsuits on behalf of various Fortune 500 companies.
- 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.
- 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.
- Summary judgment against claims by ISP asserting $45 million in statutory damages pursuant to California Business and Professions Code on grounds that claims of “falsified, misrepresented, or forged” header information were preempted by the federal CAN-SPAM Act.
- 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 the firm 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 selected by one prominent publication as one of California's "Super Lawyers" for each of the past eight years and in 2001 by the Daily Journal legal publication as one of California's top twenty lawyers under forty. Mr. Rosen served as Chairman of the Firm's National Hiring Committee from 2000 to 2006.
Legal Malpractice Defense Profile