FacultyFaculty/Author Profile

Michael A. Geibelson

Robins, Kaplan, Miller & Ciresi L.L.P.

Los Angeles, CA, USA


Experience

  • Solves complex business disputes through litigation and trial.
  • Michael Geibelson was the Chair of the California State Bar’s Litigation Section Executive Committee (2011-2012)
  • Business Trial Lawyer experienced in the prosecution and defense of claims of misappropriation of trade secrets, business and consumer fraud and breaches of contract including real estate disputes involving leases, development and investment agreements, and joint ventures, unfair competition and false advertising, and antitrust, including individual and class claims under California's Unfair Competition Law (UCL) and False Advertising Law (FAL) (Business & Professions Code §§ 17200 and 17500).
  • His commercial litigation has included the representation of companies in the Retail, Real Estate, and Food & Beverage industries in key industry issues including the protection of trade secrets, advertising, labeling, and interests in real property.
  • In addition to the handling of business litigation matters, his trial experience ranges widely, from the representation of cattle ranchers in fraud and veterinary malpractice matters, to building owners seeking to remedy welding product defects, to ship owners sued for trespass resulting from the grounding of their vessel, to organizations suing upon violations of the Clean Water Act and Endangered Species Act.
  • Law Clerk to the Honorable Paul Boland and the Honorable Alexander Williams, III, Los Angeles Superior Court.

Selected Case Results*

  • Obtained summary judgment for national retailer in "loss leader" claims under the Unfair Practices Act (California Business & Professions Code §§ 17030, 17043, 17044); affirmed on appeal (9th Cir. 2010)
  • Obtained denial of class certification for online retailer in case of first impression under Song Beverly Credit Card Act, California Civil Code Section 1747.08, involving requests for consumers' personal identifying information in online credit card transactions.
  • Obtained summary judgment in lease dispute arising out of developer's failure to construct premises during negotiation of lease amendment, and defeating claims of waiver and estoppel; affirmed on appeal (http://www.courts.ca.gov/opinions/nonpub/E055373.PDF).
  • Obtained denial of class certification for brick and mortar retailer in Song Beverly Credit Card Act (Zip Code) claim, California Civil Code Section 1747.08, holding requests for personal identification information as part of Reward Program enrollment and member lookups are special purposes incidental to the transactions and do not violate the Act.
  • Secured termination of shopping center lease at trial related to landlord’s failure to satisfy opening co-tenancy condition and implied contract terms related to development of premises according to Site Plan.
  • Obtained denial of class certification in coordinated action alleging failures to redeem gift cards in violation of California Civil Code Section 1749.5, along with dismissal of claims for violations of False Advertising Law (California Business & Professions Code §§17200, et seq.) and Consumers Legal Remedies Act (California Civil Code §§1750, et seq.)
  • Obtained summary adjudication in lease dispute relating to interpretation of cap on common area maintenance (CAM) charges / tenant's share of operating expenses.
  • Obtained dismissal of putative class action alleging violations of Unfair Competition Law (California Business & Professions Code §§17200, et seq.) and Consumers Legal Remedies Act (California Civil Code §§1750, et seq.) arising out of retailer's mail-in rebate program.
  • Obtained order striking complaint on anti-SLAPP motion in malicious prosecution action for semiconductor manufacturer pursuant to California Code of Civil Procedure Section 425.16.
  • Obtained award of over $3 Million in civil penalties, attorneys’ fees and costs, and a permanent injunction through trial of Clean Water Act case before the Hon. Manuel Real.
  • Defended $2 million claim for misappropriation of trade secrets to a verdict of $494.03, and obtained grant of nonsuit for individual defendant.
  • Obtained Temporary Restraining Order and Permanent Injunction preventing disclosure of customer lists and trade secret information for industrial upply company in Food & Beverage, and Hospitality industries.
  • Obtained $4.2 Million verdict, including punitive damages, for fraud arising out of sale of veterinary biologics.
  • Lead defense counsel in a number of Best Buy matters involving individual and putative class claims for unfair competition, deceptive trade practices, and false advertising.
  • Obtained summary judgment in sales representative’s claim for wrongful termination from industrial supply company.
  • Defense counsel in a breach of contract and antitrust dispute between a medical device manufacturer and a start-up regarding a medical technology.
  • Obtained policy limits settlement through trial of negligence claim.

*Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

Recognition**

  • Southern California Super Lawyer
    Super Lawyers (2010-2014)
  • "Robins, Kaplan, Miller & Ciresi L.L.P. Pro Bono Award" (2006)
  • Public Interest Law Foundation Pro Bono Award
    Public Interest Law Foundation of Loyola Law School (2005)
  • Rising Star
    Law & Politics Magazine (2004-2009)
  • Wiley W. Manuel Award for Pro Bono Legal Services presented by the Board of Governors of the State Bar of California (2004, 2006)

**Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

Community Service

  • The Bandini Foundation (the operator of the Heroes Golf Course of the West Los Angeles Veterans Administration)
  • Disability Rights Legal Center, Board of Directors; President (2007-2010); Vice-President (2006-2007); Pro Bono Attorney Panelist (1999-present)

Practice Areas

  • Antitrust and Trade Regulation
  • Business Litigation
  • Class Action Litigation
  • Food and Beverage
  • Health Care Litigation
  • Privacy and Cyber Security Litigation
  • Real Estate Litigation
  • Retail
  • Trade Secret
  • Trademark, Advertising and Brand Litigation

Education

  • Loyola Law School, Los Angeles, J.D. (1995)
  • University of California-Berkeley, B.A.

Professional Associations

  • Institute for Corporate Counsel of the USC School of Law and Los Angeles County Bar Association Corporate Law Department Section, Advisory Board (2010-2012)
  • California State Bar Litigation Section -- Chair, Executive Committee (2011-2012); Vice-Chair (2010-2011); Treasurer (2009-2010); Secretary (2008-2009); Member (2006-present); California Litigation Review, Editor
  • Los Angeles Lawyer (A Monthly Publication of the Los Angeles County Bar Association): Editorial Board, Chair (2010-2011), Articles Coordinator (2009-2010), Member (2003-present)
  • American Bar Association
  • Los Angeles County Bar Association
  • Association of Business Trial Lawyers

Bar Admissions

  • California
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
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