Mark Gustafson

Representation of borrower and guarantors in litigation against a bank involving issues of breach of contract, fraud in connection with appraisal practices, and sham guaranty.

Representation of a semiconductor chip manufacturer in litigation against its customer, a disk drive manufacturer, who alleged damages of over $60 million for breach of an alleged requirements contract. After much of the case was summarily adjudicated in favor of the client, the case settled resulting in the client collecting $45 million on its counterclaims.

Representation of a semiconductor chip manufacturer in its defense and prosecution of claims by and against an international disk drive customer and upstream suppliers. The customer made substantial warranty claims against the client, and the matter involved large amounts of international discovery and translated depositions. Led a team of lawyers in opposing summary judgment motions by upstream suppliers challenging the client's substantial fraud and warranty claims.

Representation of a multinational accounting firm in cases involving allegations of auditor negligence and fraud, several of which were favorably resolved on summary judgment. Achieved a Supreme Court ruling de-publishing a decision that would have eviscerated the reliance element in "holders" claims (alleging reliance by forbearance as opposed to purchases or sales).

Representation of an automotive services client in internal investigation into alleged improper sales practices. Representation of the same client in defense of prosecution by administrative agency based on undercover operations.