Previous Law Firm Name

• Gold & Bennett, March 1, 1995
• Law Office of David B. Gold, 0

Law Firm Overview

Gold Bennett Cera & Sidener LLP is is devoted to providing top-quality, results driven legal representation for its clients. The Firm's practice consists primarily of complex business litigation, with an emphasis on securities, antitrust, consumer, and class action cases. The Firm represents clients in courts located across the nation.

The Firm has served as counsel to a variety of individuals and business organizations including entrepreneurs, individual and corporate investors and small to large businesses. The Firm represents its clients on either a contingent fee or a negotiated fee basis depending on the specific circumstances and needs of the client.

The Firm's attorneys have litigated cases involving a number of industries, including: airlines; banking; retailing; insurance; commercial real estate; toys; communications; video games; medical imaging; savings and loan; finance leasing; capital equipment leasing; microcomputers; mainframe computers; independent power production; industrial chemicals; oil and gas; retail and institutional brokerage; municipal bonds; tax-advantaged investments; hedged fund investing and derivatives; food and beverage; food additives; animal feed; health care and e-commerce.

In addition, members of the Firm have acquired expertise in a number of different business disciplines including: corporate reorganizations; mergers and acquisitions; investment banking; economic modeling; accounting; auditing and damage analyses.

For more than 40 years, the Firm has played a leading role in some of the most significant cases in the country. These cases resulted in more than $2 million in recoveries and have established precedent for handling complex litigation.

Securities Litigation

The Firm has significant experience in successfully litigating securities litigation cases. Some of these cases in which the Firm has played a lead role include:

• Pacific Lumber Sec. Litig. ($ 140 million) (New York)
• Peregrine Systems, Inc. Sec. Litig. ($56 million) (partial) (San Diego)
• Hedged Investment Assoc. Sec. Litig. ($50 million) (Denver)
• Itel Corporation Sec. Litig. ($40 million) (San Francisco)
• Hallwood Realty Partners, L.P. Sec. Litig. ($35.5 million) (San Francisco)
• CBT Group PLC Sec. Litig. ($32 million) (San Jose)
• Rent- Way Sec. Litig. ($30 million) (Erie)
• Consolidated Capital Sec. Litig. ($29.5 million) (San Francisco)
• Diasonics Sec. Litig. ($25 million) (San Jose)
• Legato Systems Sec. Litig. ($85 million) (San Jose)
• Nucorp Energy Sec. Litig. ($54 million) (San Diego)
• First Capital Holdings Sec. Litig. ($47.5 million) (Los Angeles)
• Sonus Securities Litig. ($40 million) (Boston)
• American Energy Resources Sec. Litig. ($33 million) (San Francisco)
• Wickes Cos. Securities Litigation ($32 million) (San Diego)
• Sun Microsystems Sec. Litig. ($30 million) (San Jose)
• HPL Technologies, Inc. Sec. Litig. ($25.5 million) (San Francisco)

Antitrust Litigation

The Firm also has significant antitrust litigation experience. The Court in the Rubber Chemicals Antitrust Litigation found that it was undisputed that the Firm has "extensive experience and expertise in antitrust and other class actions, as well as other complex litigation, and have successfully prosecuted such cases in courts across the country." In re Rubber Chemicals Antitrust Litigation, 232 F.R.D. 346 (N.D. Cal. 2005). The Firm has played or is playing a lead role in the following recent antitrust actions:

• Methionine Antitrust Litig. ($107 million) (San Francisco)
• EPDM Antitrust Litig. ($81 million) (partial) (Connecticut)
• CR Antitrust Litig. ($62 million) (Connecticut)
• Organic Peroxide Antitrust Litig. ($37 million) (Washington, D.C.)
• Plastic Additives Antitrust Litig. ($30.4 million) (partial) (Philadelphia)
• MCAA Antitrust Litig. ($15.6 million) (Washington D.C.)
• Rubber Chemicals Antitrust Litig. ($320 million) (San Francisco)
• Polyester Staple Antitrust Litig. ($63.5 million) (Charlotte)
• High Pressure Laminates Antitrust Litig. ($40.5 million) (New York)
• NBR Antitrust Litig. ($35 million) (Pittsburgh)
• Carbon Black Antitrust Litig. ($20 million) (Boston)

The Firm is currently acting as a lead counsel for plaintiffs in a number of other pending antitrust actions. In the past, the Firm has also represented plaintiffs in the following large antitrust actions: Vitamin Antitrust Litigation (San Francisco), MSG Antitrust Litigation (Minneapolis), Sorbate Antitrust Litigation (San Francisco), Folding Carton Antitrust Litigation (Chicago), Corrugated Carton Antitrust Litigation (Houston), Sugar Antitrust Litigation (San Francisco), Beer Antitrust Litigation (Honolulu) and the Infant Baby Formula Antitrust Litigation (Los Angeles).

Other Complex Business Litigation

Sizeable recoveries have been made in other cases as well. For example, the Firm recovered approximately three million dollars ($3,000,000) on behalf of two individuals in a business fraud case. In a major case involving breaches of trust and fiduciary duty, the Firm's effort caused a capital restructuring of a sizeable financial institution, thereby creating a substantial benefit to the Firm's clients and the financial institution (by the elimination of "management" stock), as well as a cash recovery of over one million dollars ($1,000,000).

The Firm also represented management shareholders of a then private biotechnology company where it was successful in recovering $2 million in stock, reconstituting the board, and imposing voting restrictions on certain significant shares which were held by investors hostile to management. The litigation was an important milestone in the Company's history and permitted the Company to complete a $76 million Initial Public Offering.

The Firm has also handled the defense of major litigation. In one situation, the Firm orchestrated the successful defense of a multi-million dollar claim asserted against numerous sophisticated individuals and a related Chapter 11 bankruptcy proceeding. In another defense matter, we represented a publicly traded company and were successful in settling the case whereby plaintiffs agreed to pay our client (the defendant) over $2 million. In a bankruptcy case, the Firm represented a major equityholder in connection with a Plan of Reorganization.

Proud of its prior achievements, the Firm continues to excel and is in the process of expanding its practice by representing diverse clients in specialized litigation situations. The Firm is willing to take on such representation, where appropriate, on a contingent fee arrangement. As demonstrated by the results previously achieved, the Firm possesses the experience, qualifications and resources necessary to provide superior representation to all of its clients. We have enclosed profiles of the attorneys of the Firm.

Areas of Practice

• Business & Commercial Law

Published Works

• In re Activision Securities Litigation, (CCH) Fed.Sec.L.Rep. 92,397, N.D.Cal., 1985
• In re Activision Securities Litigation, 621 F.Supp. 415 N.D.Cal., 1985
• In re Activision Securities Litigation, 723 F.Supp. 1373, N.D.Cal., 1989
• Adobe Systems. Inc. Securities Litigation, Fed.Sec.L.Rep. (CCH) 95,873 , N.D.Cal., 1991
• Adobe Systems, Inc. Securities Litigation, Fed.Sec.L.Rep. (CCH) 96,051, N.D.Cal., 1991
• In re ASK Securities Litigation, Fed.Sec.L.Rep. (CCH) 96,991, N.D.Cal., 1992
• Businessland Securities Litigation, Fed.Sec.L.Rep. (CCH) 96,059, N.D.Cal., 1991
• In re Carbon Black Antitrust Litigation, 2005 W.L. 102966, D. Mass., 2005
• Colaprico v. Sun Microsystems. Inc., Fed.Sec.L.Rep. (CCH) 95,874, N.D.Cal., 1991
• Colaprico v. Sun Microsystems. Inc., Fed.Sec.L.Rep. (CCH) 96,198, N.D.Cal., 1991
• In re Consolidated Air West Securities Litigation, 73 F.R.D. 12, N.D.Cal., 1977
• In re Consolidated Capital Securities Litigation, (CCH) Fed.Sec.Rptr. 95,238, N.D.Cal., 1990
• In re Daisy Systems Securities Litigation, Fed.Sec.L.Rep. (CCH) 96,190, N.D.Cal., 1991
• Desmond v. BankAmerica Corp., Fed.Sec.L.Rep. (CCH) 90,995, N.D.Cal., 2000
• In re Diasonics Securities Litigation, 599 F.Supp. 447, N.D.Cal., 1984
• Digital Microwave Corp. Securities Litigation, Fed.Sec.L.Rep. (CCH) 97,044, N.D. Cal., 1992
• Duval v. Gleason, Fed.Sec.L.Rep. (CCH) 96,153, N.D.Cal., 1991
• Eminence Capital, LLC v. Aspeon. Inc., 316 F.3d 1048, 9th Cir., 2003
• Eza Charitable Trust v. Rent-Way. Inc., 136 F.Supp.2d 435, W.D. Pa., 2001
• In re Fortune Systems Securities Litigation, 604 F.Supp. 150, N.D.Cal., 1984
• Gaillard v. Natomas Co., 173 Cal.App.3d 410, 219 Cal.Rptr. 74, 1985
• Gaillard v. Natomas, 208 Cal.App.3d 1250, 1989
• In re Gap Stores Securities Litigation, 79 F.R.D. 283, N.D.Cal., 1978
• In re Granite Partners, L.P., 194 BR 318, Bankr. S.D.N.Y., 1996
• Green v. Occidental, 541 F.2d 1335, 9th Cir. , 1976
• Hudson v. Capital Management, Inc., 565 F.Supp. 615, N.D.Cal., 1983
• Hudson v. Capital Management Int'l., Inc., Fed.SecL.Rep1. (CCH) 99,221, N.D.Cal., 1982
• Hudson v. Capital Management Int'l., Inc., Fed.Sec.L.Rep. (CCH) 99,222, N.D.Cal., 1982
• In re Itel Securities Litigation, 596 F.Supp. 226, N.D.Cal., 1984
• Joseph v. Wiles, 223F.3d 1155, 10th Cir., 2000
• Lilley v. Charren, 936 F.Supp. 708, N.D.Cal., 1996
• Marshall v. Holiday Magic, 550 F.2d 1173, 9th Cir., 1977
• Masstor Systems Corporation Securities Litigation, Fed.Sec.L.Rep. (CCH) 92,719, N.D.Cal., 1986
• McFarland v. Memorex Corp., 581 F.Supp. 878, N.D.Cal., 1984
• In re Memorex Securities Case, 61 F.R.D. 88, N.D.Cal., 1973
• In re Nucorp Energy Securities Litigation, Fed.Sec.L.Rep. (CCH) 99,158, S.D.Cal., 1983
• In re Nucorp Energy Securities Litigation, Fed.Sec.L.Rep. (CCH) 93,224, S.D.Cal., 1987
• In re Plastic Additives Antitrust Litigation, 2004 WL 2743591, E.D. Pa., 2004
• In re Pizza Time Theatre Securities Litigation, Fed.Sec.L.Rep. (CCH) 92,53 7, N.D.Cal., 1986
• Primavera Familienstiftung v. Askin, 173 F.R.D. 115, S.D.N.Y., 1997
• In re Rent-Way Sec. Litig., 209 F.Supp.2d 493, W.D. Pa., 2002
• Roberts v. Heim, Fed.Sec.L.Rep. (CCH) 94,393, N.D.Cal., 1989
• Roberts v. Heim, Fed.SecL.Rep. (CCH) 94,394, N.D.Cal., 1990
• Roberts v. Heim, Fed.SecL.Rep. (CCH) 95,430, N.D.Cal., 1990
• Roberts v. Heim, Fed.Sec.L.Rep. (CCH) 95,431, N.D.Cal., 1990
• Roberts v. Heim, Fed.Sec.L.Rep. (CCH) 96,094, N.D. Cal., 1991
• Roberts v. Heim, Fed.Sec.L.Rep. (CCH) 96,095, N.D.Cal., 1991
• Roberts v. Heim, Fed.Sec.L.Rep. (CCH) 96,221, N.D.Cal., 1991
• Roberts v. Heim, Fed.Sec.L.Rep. (CCH) 96,970, N.D.Cal., 1992
• Roberts v. Peat Marwick Mitchell & Co., 857 F.2d 646, 9th Cir., 1988
• Rogers v. NationsCredit Financial Services Corp., Bankr. L. Rep. (CCH) 177,918, N.D.Cal., 1999
• In re Rubber Chemicals Antitrust Litigation, 232 F.R.D. 346, N.D. Cal., 2005
• In re Seagate Technology II Securities Litigation, Fed.Sec.L.Rep. (CCH) 97,028, N.D. Cal., 1992
• In re Technical Equities Federal Securities Litigation, Fed.Sec.L.Rep. (CCH) 94,093, N.D.Cal., 1988
• In re Victor Technologies Securities Litigation, 102 F.R.D. 53, N.D.Cal., 1984
• In re Victor Technologies Securities Litigation, Fed.Sec.L.Rep. (CCH) 93,158, N.D.Cal., 1987
• In re Worlds of Wonder Securities Litigation, 35F.3d 1407, 9th Cir., 1994
• In re Worlds of Wonder Securities Litigation, 721 F.Supp. 1140, N.D.Cal., 1989
• In re Worlds of Wonder Securities Litigation, Fed.Sec.L.Rep. (CCH) 95,004, N.D.Cal., 1990
• In re Worlds of Wonder Securities Litigation, 694 F.Supp. 1427, N.D.Cal., 1988
• In re Worlds of Wonder Securities Litigation, Fed.Sec.L.Rep. (CCH) 97,041, N.D. Cal., 1992
• In re Worlds of Wonder Securities Litigation, Fed.Sec.L.Rep. (CCH) 97,018, N.D.Cal., 1992
• Zatkin v. Primuth, 551 F.Supp. 39, S.D.Cal., 1982
• Zell v. Intercapital Income Securities, Inc., 675 F.2d 1041, 9th Cir., 1982

West Practice Categories

Alternative Dispute Resolution, Arbitration, Mediation, Antitrust & Trade Regulation, Antitrust Law, Deceptive Trade Practices, International Antitrust, Mergers, Acquisitions & Divestitures, RICO Act, Trade Regulation, Unfair Competition, Bad Faith Insurance, Business & Commercial Law, Business Organizations, Limited Liability Companies, Partnerships, Shareholders' Rights, Class Actions -- Plaintiff, Litigation & Appeals, Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Multidistrict Litigation, Toxic Torts, Medical Products & Devices