Gary K. Brucker, Jr.
FAX: 619.595.5450
Experience
Gary Brucker is a litigator that represents businesses and individuals in a wide variety of civil, criminal, and regulatory matters.
Gary’s civil practice focuses on the litigation of complex business and dealership disputes, intellectual property theft and infringement, products liability and warranty claims, environmental and land use matters, and employment actions, as well as the defense of fraud- and employment-based class action lawsuits.
Gary’s criminal practice focuses on the defense of white collar and environmental crimes, as well as counseling during internal and governmental investigations.
Gary’s regulatory practice involves appearances before a number of state and federal agencies, including the United States Attorney’s Office, Securities and Exchange Commission, Defense and Naval Criminal Investigative Services, Internal Revenue Service, Department of Commerce, State Attorney General’s Offices, State Motor Vehicle Boards, and State Franchise Tax Boards.
Notable Engagements:
- Defense of wireless carrier in a half-billion dollar breach of contract action involving cellular towers—dismissed via summary judgment; appeal pending.
- Defense of retailer in a wage and hour class action involving paid time off dispute—dismissed via summary judgment; affirmed on appeal (unpublished).
- Defense of wireless carrier in three false advertising/unfair competition class actions involving sales tax issue—three dismissed via pre-answer motion; one affirmed on appeal (Bower v. AT&T Mobility, LLC, 196 Cal.App.4th 1545 (2011), two pending appeal.
- Defense of wireless carrier in false advertising/unfair competition class action involving prepaid cellular phone issue—settled for $10.
- Defense of litigation support company in two false advertising/unfair competition class actions involving billing issue—class certification denied, voluntarily dismissed.
- Defense of bank in a civil RICO action involving a commercial lending dispute—dismissed via pre-answer motion; no appeal.
- Defense of government contractor in False Claims Act action—dismissed via pre-answer motion; affirmed on appeal (unpublished).
- Defense of motorcycle distributor in products liability and warranty action—pretrial voluntary dismissal.
- Defense of mortgage company in civil fraud action brought by the S.E.C.—trial on damages only, judgment for millions less than settlement demand; no appeal.
- Defense of small business owner in four-year criminal investigation by Internal Revenue Service—received prosecutorial declination letter.
- Defense of motorcycle distributor in dealership termination protest—pretrial voluntary dismissal.
In addition, Gary is actively involved in pro bono matters. Most recently, he has worked with the San Diego Volunteer Lawyer Program and the California Appellate Project to represent indigent clients in connection with felony prosecutions, prisoner rights, and tax disputes. For his “outstanding commitment to public service,” Gary received the Project Comunidad Juan Tienda Fellowship while studying at the University of Michigan. In 2009, Gary was named one of San Diego’s most promising young lawyers by the San Diego Daily Transcript.
Education
- J.D., University of Michigan Law School, cum laude, 2005
- B.A., University of California, San Diego, cum laude, 2002
Bar Admissions
- California
Court Admissions
- U.S. Tax Court
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
Publications:
- “Retailers beware or rejoice? How Dukes versus Wal-Mart may change the world of class-action litigation,” Chain Store Age (April 2011) .
- “Don’t Blame Me, Blame The State: When Complying with California Sales Tax Regulations Can Get You Sued,” Daily Journal (March 2010).
- “Meal Period Limbo: Waiting On Brinker,” Law360 (November 2008).