Victor J. Cosentino

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Victor J Cosentino - business litigation expert

Victor J. Cosentino – Business Litigation Expert

Partner

Pragmatic for clients — but a fighter in court.

In 2022, Victor Cosentino led the Larson & Gaston team defending a client facing an owner-operator misclassification 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.

In 2023, he represented a consortium of copyright holders against 5 other groups of copyright holders fighting for a share of over $840 million in royalties and won over $105 million for his client representing a 160% increase in his client’s royalty share.

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 transportation law, business litigation, and employment law, including class action and PAGA defense.  He also assists business clients with contract negotiation and transactions, mergers and acquisitions, and intellectual property protection through copyright, trademark, and trade secret law.

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, his practice includes:

  • Transportation Law: Victor often 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: Advise on, negotiate and draft documentation for major asset transfers, corporate sales, acquisitions, liquidations and wind-downs. Review, draft and negotiate contracts for clients to provide or receive goods and services.
  • Litigation: Represent clients in state and federal courts and in arbitration and mediation forums throughout California.
  • Employment Issues: Represent employers in dealing with employees and independent contractors and worker classification issues.
  • Business Governance: Advise on, draft and modify bylaws, articles of organization, partnership agreements, and buy-sell agreements.
  • Business Formation: Form corporations, LLC’s, and partnerships.
  • Intellectual Property Protection: Handle trademark and copyright registrations, licensing, transfers, disputes and royalty collections. Draft and negotiate confidentiality and non-disclosure agreements to protect trade secrets and confidential information.

Areas of Practice

  • Transportation Law
  • Business Litigation
  • Contract negotiation and transactions, including mergers and acquisitions
  • Business counseling
  • Copyright 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. 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

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

  • Strategic Lawsuit Against Public Participation: An Analysis of the Solutions, Cal. Western L. Rev., 1990

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

  • State Bar of California, Member, Present
  • District of Columbia Bar, Member, Inactive
  • Harbor Trucking Association, Member
  • Pasadena Bar Association, Member
  • Los Angeles County Bar Association, Member

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