Gregory M. Sergi

Senior Counsel

T: 949.476.8700
F: 949.476.0900
gsergi@kelleranderle.com

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PRACTICE AREAS
Trials
Commercial Litigation
Intellectual Property
Antitrust
Legal Malpractice

EDUCATION
Duke University School of Law, J.D. and LLM in International and Comparative Law, magna cum laude, Order of the Coif

SDA Bocconi School of Management, Milan, Italy, Masters in International Economics and Management

Northwestern University, B.A., Economics

CLERKSHIPS
Law Clerk, The Honorable Pamela A. Rymer, U.S. Court of Appeals for the Ninth Circuit

Law Clerk, The Honorable D. Brock Hornby, U.S. District Court for the District of Maine

EXTERNSHIP
Extern, General Counsel for the United States Trade Representative

State Bar of California

District of Columbia Bar

Orange County Bar Association – Business Litigation section: Chair (2023)

Contributor to ABA, ANTITRUST LAW DEVELOPMENTS, sections on civil government enforcement, private antitrust suits, and price discrimination (2010-2017).

Co-author of chapter on tying and bundled discounts in ABA, ANTITRUST LAW AND ECONOMICS OF PRODUCTION DISTRIBUTION (2016).

Contributor to ABA, CONSUMER PROTECTION LAW DEVELOPMENTS, sections on the CAN-SPAM Act and Telephone Consumer Protection Act (2011-2016).

Contributing Editor to ABA Section of Antitrust Law, A Primer on the Federal Price Discrimination Laws (2015).

Stuart N. Senator and Gregory M. Sergi, Noerr-Pennington: Safeguarding the First Amendment Rights to Petition the Government, Competition Law Journal (Spring 2014).

Gregory M. Sergi, RPM Counseling in a Leegin/Non-Leegin World, The Price Point (Publication of the ABA Section of Antitrust Law) (Summer 2013).

Gregory M. Sergi & Clemens Ziegler, Getting the Deal Through When Time Is of the Essence – Antitrust Strategies for Time Sensitive Transactions, ABA Section of Antitrust Law, The Threshold (Spring 2010).

Silja Baller & Gregory Sergi, A Negotiator’s Guide to Regional Trade Agreements: Considerations from an East-Asian Perspective, The World Bank (2008).

Steven L. Schwarcz & Gregory M. Sergi, Bond Defaults and the Dilemma of the Indenture Trustee, 59 ALA. L. REV. 1037 (2008).

Gregory M. Sergi is an experienced litigator whose practice focuses on complex civil litigation in federal and state courts. He was named by Southern California Super Lawyers as a “Rising Star” in antitrust litigation for each year from 2014 to 2018. Greg has litigated cases in trial and appellate courts across the country.  He has handled a wide variety of matters, including cases involving antitrust, class action, constitutional, consumer protection, contract, legal malpractice, tort, trademark, trusts-and-estates, and unfair competition issues.  He has won dismissal of claims in antitrust, securities, and trusts-and-estates cases.  He has successfully defeated motions for class certification.  He has successfully brought and defended against motions to exclude expert testimony.  And he has prevailed in preliminary injunction proceedings.

Greg’s clients have included companies in the aviation, entertainment, financial services, legal, online retail, pharmaceutical, and shipping industries.

Most recently, Greg was part of Keller/Anderle’s team representing CashCall, Inc. in a landmark legal malpractice case (seeking nearly $1 billion in damages ) against a major international law firm.  The case settled on the eve of trial after CashCall successfully defeated defendants’ motions to exclude CashCall’s damages expert, to apply judicial estoppel, and for a choice-of-law determination.

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Gregory M. Sergi

Senior Counsel

EDUCATION

Duke University School of Law, J.D. and LLM in International and Comparative Law, magna cum laude, Order of the Coif

SDA Bocconi School of Management, Milan, Italy, Masters in International Economics and Management

Northwestern University, B.A., Economics

CLERKSHIPS

Law Clerk, The Honorable Pamela A. Rymer, U.S. Court of Appeals for the Ninth Circuit

Law Clerk, The Honorable D. Brock Hornby, U.S. District Court for the District of Maine

EXTERNSHIP

Extern, General Counsel for the United States Trade Representative

EXPERIENCE

Gregory M. Sergi is an experienced litigator whose practice focuses on complex civil litigation in federal and state courts. He was named by Southern California Super Lawyers as a “Rising Star” in antitrust litigation for each year from 2014 to 2018. Greg has litigated cases in trial and appellate courts across the country.  He has handled a wide variety of matters, including cases involving antitrust, class action, constitutional, consumer protection, contract, legal malpractice, tort, trademark, trusts-and-estates, and unfair competition issues.  He has won dismissal of claims in antitrust, securities, and trusts-and-estates cases.  He has successfully defeated motions for class certification.  He has successfully brought and defended against motions to exclude expert testimony.  And he has prevailed in preliminary injunction proceedings.

More

Trials
Commercial Litigation
Intellectual Property
Antitrust
Legal Malpractice

Los Angeles Magazine, Southern California Super Lawyers®, Antitrust Litigation, Appellate, Intellectual Property Litigation, Business Litigation, Civil Litigation: Defense, Class Action/Mass Torts: Defense (2022-2024)

Los Angeles Magazine, Southern California Super Lawyers, Rising Star in Antitrust Litigation (2014-2018)

Order of the Coif

Representing Arnold & Porter, one of the top large law firms in the U.S., in a $2.4 billion California probate action and appeal involving the estate of Helen and Sanford Diller, the founders of Prometheus Real Estate Group.

Defending Michal Jackson’s estate and production company, MJJ Productions Inc., against two plaintiffs. The plaintiffs allege that Michael sexually abused them when they were minors and are seeking over $100 million in damages.

Representing Joseph Emrani in a $250 million family partnership dispute. The Emrani brothers built a real estate empire over the past thirty years but now the next generation partners are creating issues resulting in this litigation.

Representing BNSF, Union Pacific, CSX and Norfolk Southern railways as part of a national trial team against conspiracy allegations involving a fuel surcharge.

Represented CashCall, Inc. (an Orange County-based consumer financial company) in a landmark legal malpractice case seeking nearly $1 billion in damages against a major international law firm. The case settled on the eve of trial.

Successfully obtained dismissal of claims asserted in California Superior Court against a national law firm involving the administration of a multi-billion dollar estate (currently on appeal).

Represented a prominent online retailer in federal district court and the court of appeals in successfully defeating a challenge by three large medical device companies to the constitutionality of a state’s pricing and distribution regulations under the dormant Commerce Clause.

Represented a pharmaceutical company in defending against antitrust, unfair competition, consumer protection, and unjust enrichment claims, including successfully opposing motions for class certification by two different proposed classes.

Represented an aviation company in obtaining dismissal of antitrust and tort claims challenging exclusivity provisions with an aircraft manufacturer.

Represented a private equity firm in obtaining a preliminary injunction in federal district court to enforce “change in control” provisions of a joint venture agreement.

Represented a large financial institution in successfully obtaining the dismissal of securities claims relating to the acquisition of a major provider of residential mortgages.

Represented an online retailer in administrative proceedings, including trial, brought by the Federal Trade Commission relating to trademark litigation settlement agreements that allegedly restrained keyword advertising on Internet search engines.

Represented a large pharmaceutical company in a nationwide MDL in the defense of antitrust, unfair competition, consumer protection, and unjust enrichment claims challenging an alleged “reverse-payment” settlement of prior patent litigation.

State Bar of California

District of Columbia Bar

Orange County Bar Association – Business Litigation section: Chair (2023)

Contributor to ABA, ANTITRUST LAW DEVELOPMENTS, sections on civil government enforcement, private antitrust suits, and price discrimination (2010-2017).

Co-author of chapter on tying and bundled discounts in ABA, ANTITRUST LAW AND ECONOMICS OF PRODUCTION DISTRIBUTION (2016).

Contributor to ABA, CONSUMER PROTECTION LAW DEVELOPMENTS, sections on the CAN-SPAM Act and Telephone Consumer Protection Act (2011-2016).

Contributing Editor to ABA Section of Antitrust Law, A Primer on the Federal Price Discrimination Laws (2015).

Stuart N. Senator and Gregory M. Sergi, Noerr-Pennington: Safeguarding the First Amendment Rights to Petition the Government, Competition Law Journal (Spring 2014).

Gregory M. Sergi, RPM Counseling in a Leegin/Non-Leegin World, The Price Point (Publication of the ABA Section of Antitrust Law) (Summer 2013).

Gregory M. Sergi & Clemens Ziegler, Getting the Deal Through When Time Is of the Essence – Antitrust Strategies for Time Sensitive Transactions, ABA Section of Antitrust Law, The Threshold (Spring 2010).

Silja Baller & Gregory Sergi, A Negotiator’s Guide to Regional Trade Agreements: Considerations from an East-Asian Perspective, The World Bank (2008).

Steven L. Schwarcz & Gregory M. Sergi, Bond Defaults and the Dilemma of the Indenture Trustee, 59 ALA. L. REV. 1037 (2008).