Matthew M. Gurvitz

Representative Matters

False Advertising/Class Actions:

• Defending pet food manufacturer against nationwide class action relating to alleged false and misleading labeling regarding the products' contents.
• Defending software development kit developer against alleged data privacy class action.
• Defending manufacturer of fruit snacks against California and New York consumer class action relating to the representation "made with real fruit."
• Defending pet store against California consumer protection and unfair competition class action.
• Defended nutritional supplement company against California consumer class action regarding the labeling of the amount of omega-3 in a serving size of a nutritional supplement.
• Defended coffee manufacturer against New Jersey and Florida consumer class action regarding labeling of artificial ingredients.
• Defended food product manufacturer against California consumer class action relating to "imitation" meat.
• Defended nutritional supplement distributor against federal Lanham Act and California state unfair competition claims relating to generally recognized as safe (GRAS) claims.
• Defended homeopathic manufacturer against numerous state and federal class actions relating to false advertising and consumer production law.
• Represented medical device company against California class claims of false advertising and consumer protection law.
• Represented paint producer against national class claims of false advertising and consumer protection law.

Product Safety/Toxic Tort:

• Defending pharmaceutical company against numerous product liability claims around the country.
• Defended generic drug manufacturer against strict and negligent product liability claims.
• Defended oil drilling rig manufacturer against complex toxic tort/chemical exposure claims.
• Represented numerous retailers, distributors, and manufacturers against allegations of violations of Proposition 65.

Entertainment/Business Litigation:

• Representing audio/visual Equipment Company in breach of contract claim against the manufacturer of certain products.
• Represented entertainer in breach of contract against national alcoholic beverage company in California state court.
• Represented private equity company in breach of contract and breach of fiduciary duty action against former officers of a portfolio company.
• Defending private equity company against claims for breach of contract, breach of fiduciary duty, and fraud brought by former CEO of an entertainment company.

Employment Litigation:

• Representing national retailer against Cal/OSHA claims.
• Represented national cable provider against alleged harassment and discrimination matter resulting in obtaining summary judgment against all causes of action.
• Represented media group against California class actions relating to alleged employee misclassification.

Probate Litigation:

• Representing trustee in litigation regarding the division of responsibilities in managing trust-owned assets.
• Represented the beneficiary of a trust in obtaining a distribution being improperly withheld.

Environmental Litigation:

• Represented 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 California grocery chain on compliance with California pricing notice requirements.
• Advised national retailer regarding GRAS status of food products and cooking utensils.
• Advised retailers, distributors, and manufacturers in product safety compliance, including compliance with the Consumer Product Safety Commission.
• Advised retailers, distributors, and manufacturers in Proposition 65 compliance.

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

• American Bar Association
• LA County Bar Association (Member of Environmental Section Executive Committee 2012-2015)
• Association of Business Trial Lawyers (Member of the Young Lawyers Division Advisory Council 2017–present)

• Selected for inclusion in Southern California Super Lawyers Rising Stars Edition, Class Action/Mass Torts, Business Litigation, Media and Advertising, 2016 - 2018