Matthew M. Gurvitz

Counsel
Matthew Gurvitz
Matt Gurvitz is an experienced commercial litigator focused on complex litigation in state and federal courts across the United States. Matt's broad range of experience, including consumer product litigation, entertainment litigation, general business litigation, employment litigation, and probate litigation, provides a multidisciplinary wealth of knowledge to creatively approach any complex dispute. Matt has significant experience in all aspects of litigation, from discovery, to depositions, trial, and appellate work. Matt also routinely advises companies on complex regulatory issues with a focus on avoiding litigation in the future, including acting as de facto outside general counsel for smaller companies. Prior to joining Venable, Matt began his practice at an international law firm.

Experience

Representative Matters

False Advertising/Class Actions 

  • 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
  • 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
  • Defended a homeopathic manufacturer against numerous state and federal class actions related to false advertising and consumer production law
  • Successfully represented a medical device company against California class action claims of false advertising and consumer protection law

Product Safety/Toxic Tort

  • 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

Insights

Credentials
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Education

  • J.D. Civil Litigation cum laude University of California, Hastings College of the Law 2010
    • Member, Hastings Communications and Entertainment Law Journal
  • 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. Court of Appeals for the Ninth Circuit

Professional Memberships and Activities

  • Member, American Bar Association
  • Member, L.A. County Bar Association; member, Environmental Section Executive Committee, 2012 - 2015
  • Member, Association of Business Trial Lawyers; member, Young Lawyers Division Advisory Council, 2017 - present
     

Recognition
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  • Included in Southern California Super Lawyers as a Rising Star, Class Action/Mass Torts, Business Litigation, Media and Advertising, 2016 - 2019