Michael Geibelson is the Managing Partner of Robins Kaplan LLP's California offices. Michael solves complex business disputes for retailers and technology companies through litigation, mediation, and trial. He has represented companies in the retail, real estate, food and beverage, entertainment, technology, and cannabis industries in key industry issues involving lease disputes, false advertising and unfair competition, class actions, misappropriation of trade secrets, supply agreements, copyright and trademark. He frequently publishes and speaks on topics concerning litigation skills and strategies to make litigation, electronic discovery, and trial more efficient and less costly.
- Secured summary judgment and award of fees and costs enforcing right to exercise option period under commercial lease.
- Secured denial of class certification in action alleging false advertisement of product characteristics in over 900 models of consumer product under California Unfair Competition Law (UCL) and False Advertising Law (FAL), Business & Professions Code Section 17200 and 17500.
- Obtained denial of class certification in an action alleging false advertising of battery life representations concerning hundreds of models of laptop computers under California Unfair Competition Law (UCL) and California Consumers Legal Remedies Act (CLRA).
- At trial, secured decertification of class action claim for statutory privacy violations under California law.
- Obtained finding of copyright misuse and denial of preliminary injunction against major studio in representing national retailer of movies.
- 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 supply 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.
- 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)
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