Mr. Gustafson is a skilled trial lawyer with extensive experience in all aspects of litigation. Experience in federal and state court includes all aspects of trial practice including preparing witnesses for trial testimony, conducting voir dire, opening statements, direct examination, cross examination, and closing arguments. Pre-trial experience includes drafting and arguing motions (including pleading and discovery motions, motions for summary judgment, motions in limine, and appellate briefs), and taking and defending numerous depositions. Mr. Gustafson has participated in jury trials, mediations and binding arbitrations.
Mr. Gustafson has represented technology companies, multinational accounting firms, developers and other businesses in complex litigation matters involving questions of accounting malpractice and fraud, contract, unfair competition, fraudulent conveyance, business torts, and products liability.
Representation of borrower and guarantors in litigation against a bank involving issues of breach of contract, fraud in connection with appraisal practices, and sham guaranty.
Representation of a semiconductor chip manufacturer in litigation against its customer, a disk drive manufacturer, who alleged damages of over $60 million for breach of an alleged requirements contract. After much of the case was summarily adjudicated in favor of the client, the case settled resulting in the client collecting $45 million on its counterclaims.
Representation of a semiconductor chip manufacturer in its defense and prosecution of claims by and against an international disk drive customer and upstream suppliers. The customer made substantial warranty claims against the client, and the matter involved large amounts of international discovery and translated depositions. Led a team of lawyers in opposing summary judgment motions by upstream suppliers challenging the client's substantial fraud and warranty claims.
Representation of a multinational accounting firm in cases involving allegations of auditor negligence and fraud, several of which were favorably resolved on summary judgment. Achieved a Supreme Court ruling de-publishing a decision that would have eviscerated the reliance element in "holders" claims (alleging reliance by forbearance as opposed to purchases or sales).
Representation of an automotive services client in internal investigation into alleged improper sales practices. Representation of the same client in defense of prosecution by administrative agency based on undercover operations.
White Collar Defendants Beware – Crime Victim Restitution Now Includes Your Home as Well as Your 401(K), California Litigation Report, October 2007, Co-author
White Collar Defendants Beware – In the 9th Circuit, Your Retirement Benefits May Be Subject to Seizure, California Litigation Report, June 2007, Co-author
The Fair and Accurate Credit Transactions Act: Consumer Haven or Plaintiffs' Heaven?", California Litigation Report, June 2007