James P. Fogelman

James P. Fogelman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm's Litigation Department. Mr. Fogelman earned his law degree in 1992 from UCLA School of Law. He received a Bachelor of Science degree in economics, with a concentration in finance, from the Wharton School of Economics at the University of Pennsylvania in 1989. Mr. Fogelman has represented clients in a variety of civil litigation matters, including those involving claims of professional negligence and attorney liability, consumer fraud, unfair trade practices, false advertising, consumer protection act violations, product liability, state and federal antitrust law violations, commercial real estate and real estate development disputes, casino and gaming disputes, energy issues, and complex business disputes.
Recent trials include:

Brincko v. Rio Properties: Lead counsel for Rio Properties, LLC, a subsidiary of Caesars Entertainment, Inc., in a multi-week jury trial in the United States District Court for the District of Nevada. The plaintiff, a bankruptcy trustee for a mortgage and investment company, had filed both state and federal claims seeking to void 66 alleged fraudulent transfers, totaling millions of dollars. The jury unanimously upheld Rio’s good faith defense to the claims with respect to approximately 90% of the alleged transfers.
Boren v. Harrah’s Entertainment: Lead counsel for Harrah's Entertainment, Inc. and Rio Properties, Inc. in a bench trial in the United States District Court for the District of Nevada. The plaintiff had sought millions of dollars in damages stemming from an alleged malicious prosecution. Obtained a complete dismissal of the case pursuant to FRCP Rule 52 after the close of the plaintiff's case.

Representative class action matters include:

Kelly v. eHarmony, Inc.: Obtained a complete dismissal at the pleading stage of a putative nationwide class action in federal court challenging eHarmony’s alleged representations regarding the security of its matching service.
Withers v. eHarmony, Inc.: Represented eHarmony, Inc. in defense of a putative nationwide class action challenging eHarmony’s matching practice. Defeated class certification and prevailed on a motion for summary judgment against the named plaintiff.
Continental Forge et al. v. Southern California Gas Company et al.: Represented defendants Southern California Gas Company, San Diego Gas & Electric Company and Sempra Energy in numerous consolidated class actions in San Diego Superior Court, in which the plaintiff class consisted of almost every user of natural gas and electricity in California, and in which plaintiffs sought in excess of $23 billion in damages. The plaintiffs alleged a conspiracy to restrict the supply of natural gas into California and raise the price for natural gas and electricity. The matter was tried to a jury, and about two months into the trial the matter settled on favorable terms.
In re Seven Hills Golf Course Litigation: Represented Rio Hotel Suites & Casino in two bench trials, and a related appeal to the Nevada Supreme Court, of consolidated class actions filed in the District Court of Nevada, Clark County, in which the plaintiffs had sought to set aside the Rio's purchase of a multi-million dollar golf course and establish special rights to play on the course. The purchase was affirmed and no special rights to play the course were established.
Melendrez et al. v. DaimlerChrysler Corp.: Represented DaimlerChrysler corporation in a putative nationwide class action filed in New Mexico, in which the plaintiffs alleged claims of product defect, false advertising and warranty law violations under New Mexico law, the UCC and the Michigan Consumer Protection Act, in connection with an allegedly defective “seat back mechanism” in certain Dodge Ram trucks. Defeated class certification and prevailed on a motion to dismiss.
Lubitz v. et al. v. DaimlerChrysler Corp.: Acted as both trial and national coordinating counsel for DaimlerChrysler in a series of class actions filed across the United States alleging safety defects and false advertising, and breach of warranty, in connection with the braking system of certain Jeep Grand Cherokee vehicles. While dispositive and class motions were pending in most of the actions, negotiated a complicated but favorable settlement of all claims on a nationwide basis, involving over 1.4 million vehicles and 2.8 million consumers. Obtained approval of the nationwide class settlement in New Jersey state court.

Representative law firm liability matters include:

Represented a law firm in an action filed in Washington, D.C. in which the plaintiff, a major accounting firm, had alleged negligence and fraud and sought hundreds of millions of dollars in damages relating to the accounting firm’s own marketing of certain tax products; prevailed on summary judgment and before the District of Columbia Court of Appeal.
Represented a law firm in two multi-million dollar actions in Los Angeles Superior Court in which the now infamous and scandal-plagued City of Bell alleged claims of negligence and fraud related to numerous municipal bond sales. After discovery, secured voluntary dismissals of both actions, obtained prevailing party status and cost awards in favor of the law firm.
Represented a law firm in an action filed in Fort Smith, Arkansas filed by non-clients alleging conspiracy in connection with the plaintiffs’ tax-related transactions; prevailed on a motion to dismiss.
Represented a law firm in an action filed in Houston, Texas by non-clients alleging conspiracy in connection with certain tax-related transactions; prevailed on summary judgment.
Represented a law firm in an action filed in McHenry County, Illinois by non-clients alleging conspiracy in connection with certain tax-related transactions; prevailed on a motion to dismiss.
Represented a law firm in an action filed Orange County, California by non-clients alleging a claim for malicious prosecution; prevailed on an anti-SLAPP motion and awarded attorneys’ fees;
Represented a law firm in an action filed in San Diego, California by non-clients alleging a claim for malicious prosecution; prevailed on an anti-SLAPP motion and awarded attorneys’ fees;
Represented a law firm in two multi-million dollar actions filed by non-clients in the Circuit Court of Cook County (Chicago), Illinois, in which the plaintiffs alleged claims of conspiracy and aiding and abetting fraud; secured voluntary dismissals with prejudice of both actions.
Represented a law firm in connection with a claim for $173 million in damages for alleged professional negligence and intentional interference with contract and prospective economic advantage relating to the failure of a direct marketing and infomercial campaign for a celebrity skin care line; prevailed after a month-long jury trial in Los Angeles Superior Court.
Represented a law firm in an action filed in Dallas, Texas by non-clients alleging conspiracy in connection with the plaintiffs’ tax-related transactions; secured a voluntary dismissal with prejudice.
Represented a law firm in an action filed by the State of California and the bankruptcy estate of a non-profit hospital for almost $200 million for alleged fraud and professional negligence in connection with the State’s guarantee of loans to a failed hospital; prevailed on summary judgment.
Represented a law firm in an action filed by various pension trusts in Portland, Oregon for almost $100 million for alleged professional negligence in connection with the high-profile failure and bankruptcy of Capital Consultants, Inc.; prevailed on summary judgment.
Represented a law firm in an action seeking tens of millions of dollars in damages related to the exercise of options in connection with commercial real estate; prevailed at the commencement of trial on a motion based on stipulated facts.

Mr. Fogelman is Co-Chair of the firm’s Law Firm Defense Practice Group, a member of the firm’s Office of General Counsel, and a member of the firm’s Ethics Committee. Mr. Fogelman is a member of the bars of the State of California, the State of Nevada, the State of New York, and the District of Columbia, as well as of various United States District Courts and the Ninth Circuit Court of Appeals.

Good to know

Areas of Practice 1) Antitrust and Competition, 2) Appellate and Constitutional Law, 3) Class Actions, 4) Law Firm Defense, 5) Real Estate and 6) Securities Litigation
Law School UCLA School of Law, J.D., 1992
Education Wharton School, University of Pennsylvania, B.S., 1989
Bar Member / Association District of Columbia Bar Association, New York State Bar Association, Nevada State Bar Association, California State Bar Association
Most recent firm Gibson, Dunn & Crutcher LLP
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