Matthew M. Gurvitz

Representative Matters

False Advertising/Class Actions 

• Successfully defended manufacturer of fruit snacks at a bench trial related to the representation "Fruit is our 1st Ingredient," which was affirmed by the California Court of Appeal
• Successfully moved to dismiss, without leave to amend, a nationwide class action complaint in New York federal court regarding the representation "with fiber"
• Successfully moved to dismiss a nationwide class action complaint against a pet food manufacturer related to alleged false and misleading labeling of the products' content
• Defeated a motion for class certification of a New Jersey consumer class action brought against a manufacturer of fruit snacks related to the representation "made with real fruit" 
• Successfully defended manufacturer of fruit snacks against Nationwide, New York and California class claims, resulting in the named plaintiffs voluntarily dismissing their complaint
• Defended a software development kit developer against an alleged data privacy class action 
• Defeated a motion for class certification on behalf of a pet store against a California consumer protection and unfair competition class action 
• Successfully moved to dismiss a California class action complaint, without leave to amend, on behalf of a nutritional supplement company regarding labeling describing the amount of omega-3 in a serving size
• Successfully defended a coffee manufacturer against a New Jersey and Florida consumer class action regarding labeling of artificial ingredients, resulting in favorable settlement 
• Successfully defended a food product manufacturer against a California consumer class action related to "imitation" meat resulting in a dismissal of the complaint
• Defended a nutritional supplement distributor against federal Lanham Act and California state unfair competition claims related to generally recognized as safe (GRAS) claims resulting in a favorable settlement

Product Safety/Toxic Tort

• Successfully represented a medical device company against California class action claims of consumer protection law
• Defended a pharmaceutical company against numerous product liability claims around the country in complex coordinated procedures 
• Defended a generic drug manufacturer against strict and negligent product liability claims 
• Defended an oil drilling rig manufacturer against complex toxic tort/chemical exposure claims in a multi-year litigation
• Represented numerous retailers, distributors, and manufacturers against allegations of violations of Proposition 65 

Entertainment/Business Litigation

• Defeated motion to compel arbitration on behalf of a medical group that brought claims against its billing company that was upheld by the Court of Appeal
• Represented an audio/visual equipment company in a breach of contract claim against a product manufacturer 
• Represented an entertainer in a breach of contract claim against a national alcoholic beverage company in California state court 
• Represented a private equity company in a breach of contract claim and a breach of fiduciary duty action against former officers of a portfolio company 
• Defended a private equity company against claims for breach of contract, breach of fiduciary duty, and fraud, brought by the former CEO of an entertainment company 

Employment Litigation

• Obtained a dismissal with prejudice on behalf of defense contractors regarding allegations of California employment violations for work performed outside of the United States
• Successfully represented a national retailer against Cal/OSHA claims, obtaining a reversal of the citation following an administrative trial
• Represented a national cable provider in an alleged harassment and discrimination action, resulting in obtaining summary judgment against all causes of action
• Represented a media group against California class actions related to alleged employee misclassification

Probate Litigation

• Represented a trustee in litigation regarding the division of responsibilities in managing trust-owned assets, resulting in a favorable settlement 
• Represented the beneficiary of a trust in obtaining a distribution being improperly withheld 

Environmental Litigation

• Represented a major oil company in claims for response costs and natural resource damages at several Superfund sites 

Regulatory/Advice

• Advised various consumer product companies on advertising compliance issues 
• Advised various companies on website terms and conditions, and privacy policy compliance 
• Advised a California grocery chain on compliance with California pricing notice requirements 
• Advised a national retailer regarding GRAS status of food products and cooking utensils 
• Advised retailers, distributors, and manufacturers on product safety compliance, including compliance with the Consumer Product Safety Commission regulations 
• Advised retailers, distributors, and manufacturers on Proposition 65 compliance

Education

• J.D. cum laude University of California, Hastings College of the Law 2010
• • Member, Hastings Communications and Entertainment Law Journal
  • Concentration in Civil Litigation
• B.S. Psychology University of Illinois 2006

Bar Admissions

• California

Court Admissions

• California State Court
• U.S. District Court for the Central District of California
• U.S. District Court for the Southern District of California
• U.S. District Court for the Northern District of California
• U.S. District Court for the Eastern District of California
• U.S. Court of Appeals for the Ninth Circuit

Professional Memberships and Activities

• Graduate of the International Association of Defense Counsel (IADC) Trial Academy, an intensive, week-long program at Stanford University designed to develop defense trial advocacy skills
• Member, Pro Bono Civil Rights Panel, United States District Court for the Central District of California
• Member, American Bar Association
• Member, L.A. County Bar Association; member, Environmental Section Executive Committee, 2012 - 2015
• Board member, Association of Business Trial Lawyers (ABTL), Los Angeles Chapter
   

• Super Lawyers, Rising Star, Class Action/Mass Torts, Business Litigation, Media and Advertising, Southern California, 2016 – 2021