Gary K. Brucker, Jr.
Gary Brucker is a Partner in the Firm’s Litigation Department. Gary’s cross-disciplinary practice and experience makes him particularly adept at representing clients at the intersection of law, business, and government.
Gary’s civil practice focuses on the business disputes that companies face on a daily basis. His practice involves counseling and litigation in five key areas:
- Contract Disputes: government contracting, sales transactions, dealership and franchise agreements, employment and non-compete/solicitation agreements.
- Business Torts: fraud, interference, and defamation.
- Intellectual Property: trade secret theft and trademark infringement.
- Employment Litigation: wage and hour disputes and discrimination claims.
- Class Action: consumer and employment claims.
Gary's law enforcement and compliance practice focuses on investigations, receivership representations, and white collar criminal defense.
- Investigations: response to government subpoenas and search warrants; independent fact finder on internal corporate compliance investigations.
- Receivership: representation of court-appointed equity receivers in claw back litigation.
- White Collar: defense of fraud and environmental crimes.
Representative engagements have involved the US DOJ, SEC, FTC, DOC, DCIS, NCIS, IRS, California DOC, California FTB, California AGO, and local District Attorney’s Offices.
- Defense of wireless carrier in a half-billion dollar breach of contract and fraud action involving cellular tower management—dismissed via summary judgment; affirmed on appeal (unpublished).
- 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in a wage and hour class action involving paid time off dispute—dismissed via summary judgment; affirmed on appeal (unpublished).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 a series of consumer class actions involving sales tax calculations—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 litigation support company in parallel consumer 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- Defense of government contractor in False Claims Act action—dismissed via pre-answer motion; affirmed on appeal (unpublished).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—voluntarily dismissed pretrial.
- 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 IRS—received prosecutorial declination letter.
- Defense of small business owner in SEC investigation—received no action letter.
- Defense of motorcycle distributor in dealership termination protest—voluntarily dismissed pretrial.
- Prosecution of trademark claims on behalf of motorcycle manufacturer and distributor—permanent injunction granted.
Gary is also 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.
- J.D., University of Michigan Law School, cum laude, 2005
- B.A., University of California, San Diego, cum laude, 2002
- 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
- U.S. Tax Court
- "The 2014 McKenna Long & Aldridge California Litigation Guide," (April 17, 2014).
- “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).