Susan L. Gutierrez is a litigation partner specializing in high-stakes trials and complex disputes across industries. With a focus on litigating and shaping trial strategy for pharmaceutical and consumer product actions, Susan has significant trial, motion, and oral argument experience in high-profile matters in state and federal courts.
Susan has served as litigator and advisor for many Fortune 500 companies, including in media, technology, pharmaceutical, music and entertainment, and sports industries. She is an asset on bet-the-company matters, and has served as trial counsel on numerous highly-publicized trials, including for Johnson & Johnson, Creative Artists Agency and the National Basketball Association.
Susan has also represented world renowned recording artists, celebrities, and corporate executives individually in significant commercial and personal matters, ranging from prosecuting and defending copyright infringement claims, to advising on management and personal service contracts, and litigating privacy, publicity and computer fraud claims.
Education
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University of California, Berkeley, School of Law, J.D., 2010
Co-Director, Board of Advocates (moot court)
Staff editor, Berkeley Business Law Journal
- University of California, San Diego, B.A., 2007
Admissions & Qualifications
- California
Memberships
Association of Business Trial Lawyers (Los Angeles), Representative, Young Lawyer Division
Mexican-American Bar Foundation, Board of Trustees
Education Through Music, Associate Board
Awards & Recognition
Southern California Super Lawyers Rising Stars 2015-2018
Euromoney Americas Rising Stars (Litigation: Trial Lawyer), 2018, 2019
The Legal 500 United States: General Commercial Disputes: Next Generation 2019
Daily Journal Top 40 Under 40 Lawyers 2019
Minority Corporate Counsel Association Rising Star 2019
Law360 Rising Star (Trials) 2019
Matters
Notable representations and victories include:
- Echeverria v. Johnson & Johnson, et al.: Trial counsel to Johnson & Johnson (J&J) in the first-ever California product liability trial relating to the company’s talc-based Baby Powder and Shower to Shower products and their alleged link to ovarian cancer. After trial, the Court entered judgment notwithstanding the jury verdict for the J&J defendants, and, in the alternative, granted J&J’s motion for a new trial.
- Daniels v. Johnson & Johnson, et al.: Trial counsel to J&J in a similar product liability trial related to J&J’s talc-based products in St. Louis. The jury returned a complete defense verdict on all claims and awarded zero damages.
- Ruben v. Creative Artists Agency LLC (CAA): class action dismissed in exchange for our client’s relatively small donation to non-profit organization, while 22 related class actions against other entertainment industry entities (non-clients) settled for more than $74 million.
- Baylor v. National Basketball Association et al.: dismissal at trial obtained in favor of NBA.
- Mintz v. Bartelstein & Assocs. Inc.: summary judgment granted as to our client’s affirmative claims for invasion of privacy and violation of Cal. Penal Code § 502 (Computer Fraud and Abuse Act), as well as to counterclaims for violation of the Uniform Trade Secrets Act, breach of contract, conversion, defamation and related tort claims.
- Mentor Worldwide LLC v. Sientra, Inc. et al.: verdict in favor of our clients following an eight-week jury trial on claims for misappropriation of trade secrets, intentional interference with prospective economic advantage and related tort claims. Verdict also returned in favor of our clients in a bench trial of unfair competition claims.