Mr. Gordon has been one of the lead trial counsel in a number of significant complex insurance coverage matters in several western states and has been lead defense counsel in many other coverage cases which have resulted in favorable settlements prior to trial. These cases typically involve contract interpretation issues pertaining to dozens of different contracts and factual investigation spanning several decades. In addition, he has represented insurers issuing property and directors and officers policies in coverage disputes.
His commercial litigation experience includes unfair competition claims, unfair lending practices, misappropriation of trade secrets, partnership disputes, obtaining and enforcing judgments against foreign entities, real estate nondisclosures and various other business torts. He has frequently examined expert economists and other damage-related experts.
Mr. Gordon counsels employers on employment issues and has litigated cases involving discrimination, disability and harassment issues, wrongful termination, trade secret violations, and wage and hour disputes.
Mr. Gordon is listed in Chambers USA: America's Leading Lawyers for Business, 2006-2019 editions, and has been named as one of California's Super Lawyers through a peer review process.
- Won two separate anti-SLAPP motions on behalf of their client, a writer, concerning causes of action for alleged defamation and alleged Business and Professions Code violations for false and misleading advertising and unfair business practices.
- Obtained an arbitration award of $3.6 million, the full amount requested, in a case before a former California Superior Court Judge in San Francisco concerning valuation of the client's 50% interest in a company that provides network and data management services.
- Ten month, four phase trial involving a rocket manufacturing company and including more than thirty law firms and over $500 million in damages resulting in complete defense verdict.
- Three month court trial involving contract dispute concerning 60 year-old contracts involving over $200 million.
- Two month jury trial involving former pesticide and chemical operations over $2 billion resulting in a favorable settlement.
- Represented an insurer in a Washington state multi-phased month long trial which resulted in a complete jury verdict on two issues and a partial verdict on the third issue.
- Represented business in misappropriation of trade secrets and unfair competition case against former employee.
- Represented property insurer in a rescission of insurance policy based on nondisclosures.
- Represented prospective owners of the San Francisco Giants in a lawsuit brought by the City of St. Petersburg in an effort to thwart the sale of the Giants to a San Francisco-based ownership group.
- Represented various defendants in a case filed by the State of California against more than 20 parties where the State was seeking more than $500 million in damages (and which settled after successfully arguing a motion which reduced the recoverable damages to $50 million).
- Represented an Olympic athlete in a proceeding brought by the United States Anti-Doping Agency.
Areas of Practice
- Commercial Litigation
- Environmental Law
- Employment Law
- Complex Litigation
- Insurance Law
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
- U.S. Court of Appeals for the Ninth Circuit
- University of San Francisco School of Law, J.D., 1981
- Amherst College, B.A., 1974
- Duane Morris LLP
- Partner, 2006-present
- Hancock Rothert & Bunshoft LLP
- Partner, 1989-2005
- Associate, 1981-1988
- Member, Giants Community Fund Board of Directors
- Association of Business Trial Lawyers
- Member, Mayor of San Francisco's Blue Ribbon Task Force on Sports
- Graduate, Leadership San Francisco (sponsored by SF Chamber of Commerce)
- American Bar Association
- Torts and Insurance Practice Section Member
- California Bar Association
- Litigation and Employment Section Member
- Bar Association of San Francisco
- University of San Francisco Inn of Court
- Appellate and Moot Court Judge, University of San Francisco Law School
Honors and Awards
- Listed in U.S. News/Best Lawyers "The Best Lawyers in America"
Listed in Chambers USA: America's Leading Lawyers for Business, 2006-2019 editions
California Super Lawyer, 2004-2019
- Super Lawyers, Corporate Counsel Edition, 2010
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Co-author, "Eight Things Every U.S. Insurance Coverage Lawyer Should Know About Lloyd's and the London Market," The Brief, Volume 46, Number 2, Winter 2017
- Co-author, "SEC Gives Guidance for Public Companies' Disclosures Related to Climate Change," Duane Morris Alert, March 5, 2010
- Co-author, "How the NFIP, Insurance Law and Climate Change Could Cause the Perfect Storm," Risk & Insurance, March 3, 2009
- "Image Conscious: Litigators Need to Get Out of the Dark Ages when it comes to Graphics," The Recorder, California Law Week, November, 1999
- "Protecting a Civic Asset, Bay Area Attorneys Rally to Support the San Francisco Giants," San Francisco Attorney, April/May 1993
Selected Speaking Engagements
- Presenter, "The A to Z Guide to the London Market: Navigating the Underwriting and Claims Processes," American Bar Association (ABA) – TIPS 24th Annual Insurance Coverage Litigation Committee Midyear Meeting, February 2016
- "What Insurance Executives Need to Know About Business Interruption Updates for 2011" webinar, February 23, 2011
- Speaker, "Attorney-Client Privilege in Jeopardy in Insurance Litigation," Strafford Publications, July 2007
- Conference Planner, "Taking and Defending Depositions of London Insurance Witnesses," American Bar Association Teleconference, June 2006
- "A Complex Insurance Coverage Trial Primer", American Bar Association, Tort Trial & Insurance Practice Section, February 2006
- "Trying an Environmental Coverage Case," Executive Enterprises, June 1993
- "California Insurance Developments," Lorman Education Services, July 1994
- "Controlling Costs and Developing Trial and Litigation Strategies," Executive Enterprises, December 1992
- "Discovery in Environmental Disputes," Executive Enterprises, June 1992
- "Environmental Issues from A-Z," before the California Association of Ski Areas, June 1990
- "Trying a Case: The Last 100 Days before Trial," California Continuing Education of the Bar, March 1990