Peter J. Gimino, III, Esq.

Associate
pgimino@enterprisecounsel.com

AREAS OF PRACTICE

• Complex Business Litigation
• Intellectual Property Litigation
• Trade Secret and Unfair Competition Litigation
• Probate and Trust Litigation
• Real Estate/Business Practices Litigation
• Bankruptcy
• Commercial Transactions
• Business Acquisitions/Purchases/Sales
• General Business Representation and Planning

EXPERIENCE

Mr. Gimino’s practice areas include complex commercial and intellectual property litigation, probate and trust litigation and bankruptcy. Mr. Gimino has extensive experience litigating matters in state and federal courts at all stages of litigation for clients with domestic and international operations in many different industries. Mr. Gimino also regularly advises and represents clients in dispute resolution through litigation alternatives, including mediation and arbitration.

Representative matters handled by Mr. Gimino include successfully obtaining judgment or dismissal on behalf of a large hotel operator against numerous claims based on California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), the successful resolution of a multi-million dollar commercial sales dispute for a Singapore based client with operations in the United States, the successful enforcement of business contracts for multinational marketing/advertising and business process outsourcing companies, the defense of multi-million dollar patent infringement actions involving medical devices, the prosecution of numerous bankruptcy preference actions on behalf of the plan administrator in a large hospital Chapter 11, and handling trade secret misappropriation and unfair competition claims for plaintiffs and defendants.

EDUCATION

Pepperdine University School of Law (J.D., cum laude, 1998); Pepperdine University Straus Institute for Dispute Resolution (Certificate in Dispute Resolution, 1998); University of California, Irvine (B.A., Economics with a minor in Business Management, 1994). At Pepperdine, Mr. Gimino was the business editor of the Pepperdine Law Review. Mr. Gimino is a former extern to the Hon. Mitchel R. Goldberg (ret.), United States Bankruptcy Court for the Central District of California.

MEMBERSHIP, PUBLICATIONS, SPEAKING ENGAGEMENTS AND PUBLIC SERVICE

Mr. Gimino is a member of the California State Bar and is admitted to practice before the United States District Courts for the Southern, Central, Eastern, and Northern Districts of California and the Ninth Circuit Court of Appeals. Mr. Gimino is a member of the Orange County Bar Association.

Mr. Gimino’s publications include:

• Peter J. Gimino III, Comment, Mandatory Chemical Castration for Perpetrators of Sex Offenses Against Children: Following California’s Lead, 25 Pepp. L. Rev. 67 (1997)
• Peter J. Gimino III & Bryan A. Liang, The Home Kit Self Testing Trend, Hospital Physician, (May 1998)
• Peter J. Gimino III, Intent to Release Third Party From Infringement Claims Must Appear in The Terms of the Release, McDermott Will & Emery LLP, IP Update, vol. 7, no. 4 (April 2004)
• Peter J. Gimino III & Elaine Heal, Whereby Clause Can Limit Scope of Method Claim, McDermott Will & Emery LLP, IP Update, vol. 8, no. 5 (May 2005)
• Peter J. Gimino III, “A” Means “One-And-Only-One,” McDermott Will & Emery LLP, IP Update, vol. 8, no. 12 (December 2005)

Mr. Gimino is active in providing pro bono legal services to the Orange County community in a wide range of areas, including financial elder abuse, business and real estate litigation, and landlord/tenant litigation.

PUBLISHED DECISIONS

National Medical Care, Inc. v. Secretary of Health of Puerto Rico, 2007 U.S. Dist. LEXIS 10432 (2007)

First Nat’l Bank v. El Camino Resources, Ltd., 447 F. Supp. 2d 902 (N.D. Ill. 2006)

State of California, Dep’t of Social Services v. Leavitt, 444 F. Supp. 2d 1088 (E.D. Cal. 2006), aff’d in part, rev’d in part, 523 F. 3d 1025 (9th Cir. 2008)

State of California, Dep’t of Social Services v. Leavitt, 2006 U.S. Dist. LEXIS 13542 (E.D. Cal. 2006)