Victor J. Cosentino

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Victor J Cosentino - business litigation expert

Victor J. Cosentino – Business Litigation

Partner

Pragmatic for clients — but a fighter in court.

In 2023, Victor Cosentino led a Larson & Gaston team that secured its client’s highest-ever share of a $857 million copyright royalty pool in a five-week copyright royalties distribution proceeding held before the Copyright Royalty Board.

In 2022, Victor Cosentino led the Larson & Gaston team defending a client facing a class-action lawsuit against a judgment of potentially $80 million — winning a federal jury verdict, while facing plaintiffs’ attorneys who outnumbered them 3-to-1.

As a partner at Larson & Gaston, Victor applies the firm’s credo of “Experienced. Effective. Efficient.” to a range of business issues, viewing every potential outcome through the client’s lens and helping guide them to victory and long-term strategic success.

Victor focuses his efforts on commercial and business litigation, transportation law, employment law, including class action and PAGA defense.  He also assists business clients with contract negotiation and transactions, business counseling, and intellectual property protection through copyright, trademark, and trade secret law as wells as non-disclosure and confidentiality agreements.

In 1985, Victor received his bachelor’s degree in biology from the University of Arizona. He received his Juris Doctorate from California Western School of Law in San Diego in 1992, graduating Magna Cum Laude. His published law review article, Strategic Lawsuit Against Public Participation: An Analysis of the Solutions (Cal. Western L. Rev. 1990), was identified by UCLA Professor Eugene Volokh as one of the two law review articles most frequently cited by courts since 1990.

After a stint in Washington, D.C., doing securities, financial institutions and intellectual property litigation, Victor has represented numerous large and small businesses in California, including entertainment companies, a major medical practice management organization, and copyright royalty claimants in litigation and on a broad array of contractual and transactional matters. Transportation companies, including 3PLs, motor carriers, brokers and warehouses now make up a major portion of his clientele.

At Larson & Gaston, Victor’s practice includes:

  • Transportation Law: Victor represents transportation and logistics companies in dealing with federal transportation regulations; driver classification issues; agreements for independent contractors, vehicle leasing, and clean truck programs; warehousing agreements; and cargo claim issues. He provides legal guidance on a wide range of transportation business issues. He represents these transportation and logistics companies in actions brought in state and federal court, in arbitration and before the California Department of Labor (DLSE).
  • Business Transactions: Victor advises on, negotiates and drafts documentation for major asset transfers, corporate sales, acquisitions, liquidations and wind-downs.
  • Litigation: Victor represents clients in state and federal courts and in arbitration and mediation forums throughout California.
  • Employment Issues: Victor represents employers in dealing with employees and independent contractors and worker classification issues.
  • Business Governance and Formation: Victor forms corporations and LLCs for his clients and he advises on, drafts and amends bylaws, articles of organization, partnership agreements, and buy-sell agreements.
  • Intellectual Property Protection: Victor handles trademark and copyright registrations, licensing, transfers, disputes and royalty collections. He drafts and negotiates confidentiality and non-disclosure agreements to protect trade secrets and confidential information.

Areas of Practice

  • Business litigation
  • Transportation law
  • Contract negotiation and transactions, including mergers and acquisitions
  • Business counseling and formation
  • Copyright law and trademark law

Bar Admissions

  • Supreme Court of the United States of America
  • U.S. Court of Appeals District of Columbia Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court Southern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California
  • State Bar of California
  • Bar of the District of Columbia (inactive)

Education

  • California Western School of Law, San Diego, California
    • Juris Doctorate – 1992
    • Honors: magna cum laude
  • The University of Arizona
    • Bachelor’s degree
    • Major: Biology

Published Works

  • Ringold, D.J., Cosentino, V.J. (2024). Online Gaming, Maladaptive Consumption, and Regulatory Standards and Options. In: Martin, I.M., Stewart, D.W. (eds) Maladaptive Consumer Behavior. Palgrave Studies in Marketing, Organizations and Society. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-60199-6_2
  • Cosentino, Victor J. (1991) “Strategic Lawsuits Against Public Participation: An Analysis of the Solutions,” California Western Law Review: Vol. 27: Iss. 2, Article 8. Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol27/iss2/8

Representative Cases

  • Luna v. Hansen & Adkins Auto Transp., Inc.,  956 F.3d 1151 (9th Cir. 2020).
  • Luna v. Hansen & Adkins Auto Transp., Inc., 313 F.Supp. 3d 1151 (CD. Cal. 2018)
  • Indep. Producers Grp. v. Librarian of Cong., 792 F.3d 132 (D.C. Cir. 2015)
  • Program Suppliers v. Librarian of Cong., 409 F.3d 395 (D.C. Cir. 2005)
  • Simon v. Internet Wire, 2001 U.S. Dist. LEXIS 4086, Fed. Sec. L. Rep. (CCH) P91,408 (C.D. Cal. 2001)
  • National Association of Broadcasters v. Librarian of Cong., 146 F.3d 907 (D.C. Cir. 1998)

Professional Associations and Membership

  • California Trucking Association, Member
  • Pasadena Bar Association, Member
  • Los Angeles County Bar Association, Member

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