Lafayette & Kumagai LLP

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Mon - Fri:	9:00 am - 5:00 pm

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Northeast San Francisco, Financial District

AKA

Lafayette, Gary

Lafayette & Kumagai Attorneys LLP

Lafayette Gary T Atty

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Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Domestic Violence Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Sexual Harassment Attorneys, Wrongful Death Attorneys

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Phone: (415) 357-4600

Address: 100 Spear St Ste 600, San Francisco, CA 94105

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Lafayette & Kumagai LLP

Criminal Defense
Wrongful Death
Restraining Order

Business and Corporate Law

Corporate Law
Lafayette & Kumagai’s dedication to diversity includes providing opportunities for minority and women attorneys to succeed as lawyers and achieve distinction in the legal profession. Well before corporate law departments, followed by the large law firms, implemented diversity initiatives, Lafayette & Kumagai provided a platform for minority attorneys to showcase their skills before
Business Disputes
Lafayette & Kumagai’s attorneys have substantial experience handling general business and complex commercial litigation. Lafayette & Kumagai LLP has represented clients in cases involving the Business and Professions Code Section 17200, unfair business practices actions, contract disputes, advertising disputes, food and product labeling matters, ADA access cases, anti-trust, privacy and unfair business practices class actions. The firm has represented companies such as Conduent, Inc., Xerox Corporation, Coca-Cola, Viacom, Inc., MTV Network, Johnson & Johnson, San Francisco Housing Authority, PETCO Animal Supplies, Inc., Denny’s, Inc., and Sutter Health in these types of matters.
Intellectual Property

Wrongful Termination
Marvel v. Walgreen Co., et al. – Brian Chun and Gary Lafayette of Lafayette & Kumagai successfully obtained summary judgment on behalf of Defendants. Plaintiff alleged discrimination based on his race and national origin, defamation, intentional infliction of emotional distress and wrongful termination. The Court found that Defendants provided a legitimate non-discriminatory reason for Plaintiff’s termination and that Plaintiff failed to establish the elements of his defamation cause of action against Defendants. Defendants’ Motion for Summary Judgment was granted in full. 2020. Affirmed on Appeal. 2023.
Employment Discrimination
Jones v. Regents of the University of California – An employee sued Defendant alleging race discrimination and retaliation, after learning from a co-worker that the co-worker had been instructed by more senior managers not to hire Plaintiff because she had previously sued Defendant for race discrimination and had settled for a substantial sum. Plaintiff claimed she became so upset upon learning of the alleged retaliation that she was committed to a psychiatric hold by her treating therapist. During the trial, Plaintiff called an employee who admitted to the retaliation. Defense verdict – jury trial. 2006.
Employment Contract
Shaw v. Sprint Nextel – Plaintiff sued for alleged breach of employment contract, lost commissions, harassment, and intentional infliction of emotional distress in connection with her termination. Defendant’s Motion for Summary Judgment was granted in full. 2009.
Employment Litigation
Wales, et al. v. Shell Oil Company, et al. – Lafayette & Kumagai, partnering with Reed Smith, successfully defeated Plaintiffs’ Motion for Class Certification in June 2010, for a class in excess of 18,000 employees, some of whom Plaintiffs alleged were misclassified as managers. The firms also defeated Plaintiffs’ joint employment claim under which Plaintiffs sought to hold Defendant liable for alleged violations regarding employees of other entities.
Non-compete Agreement
Intuitive Surgical, Inc. v. Ethocon-Endo Surgery, Inc. – The firm successfully represented Johnson & Johnson in this case in which Plaintiffs attempted to invoke California’s non-compete statute to prevent Johnson & Johnson from enforcing its non-compete agreement with Plaintiffs. With a parallel lawsuit pending in another state, the firm successfully opposed Plaintiffs’ Request for a Temporary Restraining Order and Request for a Preliminary Injunction, and successfully blocked their attempt to race to judgment in California. 2010.
Sexual Harassment
Cabaniss v. Pacific Gas and Electric Company – Lafayette & Kumagai successfully defended a Fortune 500 energy company in a two week employment trial, where Plaintiff sought over $2 million, claiming constructive discharge when he was demoted and reassigned from a management position to a union job two hours from his home. The reassignment decision followed an inquiry into Plaintiff’s actions during an internal investigation of his administrative clerk regarding her alleged acts of sexual harassment and threats of workplace violence. Defendant contended Plaintiff was reassigned based on legitimate business reasons and that the reassignment did not result in a constructive discharge. The jury returned a defense verdict after three hours of deliberation. Defense verdict – jury trial. August 2014.

Premises Liability
Lafayette & Kumagai’s practice is not limited to the above areas. They have handled wrongful death, personal injury, products liability, government liability, premises liability, securities litigation, intellectual property and software dispute cases for a number of clients.

Personal Injury
Carter v. Regents of the University of California – Personal injury case, brain damage. Plaintiff was a 31 year-old environmental engineer with multiple degrees from the University of California. He claimed that as a result of his injury he could no longer speak without stuttering and stammering, walk without assistance or, among other things, hold thoughts in his memory. The jury awarded plaintiff $24,000, which was substantially less than a 998 offer of $100,000 and a defense offer to settle for $1 million during trial. 2006.
Disability Discrimination
Goos v. Shell Oil Company – In this disability discrimination and failure to accommodate jury trial, the United States District Court for the Northern District of California granted Defendant’s Motion for Judgment as a Matter of Law in 2010. Affirmed on appeal.

Bankruptcy
Foreclosure
In Re Villa Serena Partners – U.S. Bankruptcy Court, Northern District of California. This matter involved a complex Chapter 11 case wherein Lafayette & Kumagai’s client, the Resolution Trust Corporation, sought to obtain relief from an automatic stay and foreclosed upon a one hundred and eleven (111) unit congregate care facility located in Santa Clara County. This foreclosure resulted in a trial lasting only two days after Lafayette & Kumagai showed that the plan of reorganization was not feasible.

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