Robert C. Gebhardt

Robert C. Gebhardt General Counsel

Smilables, Inc.

Robert C. Gebhardt is an accomplished trial

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lawyer who has taken more than 100 cases to

Berkeley, CA 94710

jury verdict. He is a fellow of the prestigious

510-***-****

American College of Trial Lawyers and a

acv3c6@r.postjobfree.com

member of the American Board of Trial

Advocates. During his legal career, Bob has Affiliations

defended as well as prosecuted numerous

Fellow, International Society of Barristers

lawsuits involving an extensive array of claims,

Fellow, American College of Trial

with particular emphasis on commercial litigation

Lawyers

and product liability matters. He has extensive

Member, American Board of Trial

experience in litigation involving trademark

Advocates

infringement, breach of contract, fraud, legal

Faculty Member, International Academy

malpractice defense, corporate dissolution and

of Defense Counsel Trial Clinic,

alleged usurpation of corporate opportunities.

University of Colorado, 2003

Bob has also acted as lead counsel in the

defense of directors and officers. With Education

experience in product liability defense, he has

J.D., Hastings College of Law, University

represented a diverse range of manufacturers

of California, Order of the Coif, 1970

such as makers of aircraft, helicopters, guns,

B.A., University of San Francisco, 1967

medical devices, locks, lighters, jacks, winders,

military products, bicycles, scissor lifts, Prior Experience

pneumatic lifts, and food products, among

Bronson, Bronson & McKinnon

others.

Jeffers Mangels Butler & Marmaro LLP

Wilson Elser Moskowitz Edelman & Dicker

Since January, 2015, Bob has served as

LLP

General Counsel for Smilables, Inc., a startup

Cooper White & Cooper

company situated in Berkeley, California. His

duties have included litigation management, Bar Admissions

corporate governance, Human Resources

California 1971

Management, negotiation of manufacturing and

licensing agreements, and the provision of Military Service

advise and counsel as matters have regularly

Captain, U.S. Army Reserve, Military Police,

arisen.

Honorably Discharged in 1976

Author Practice Areas

Defense cost Apportionment and Aviation

Commercial

Reimbursement Between Double Insurers,

Directors and Officers

20 Hastings Law Journal 1309 (1970)

Insurance

Legal Malpractice

Product Liability

Co-Author Directors and Officers

The Private Securities Litigation Reform Mr. Gebhardt has generally been involved in

Directors and Officers litigation throughout

Acts Impact on D&O Insurance Coverage-A

his career. As lead counsel in Directors and

Catch 22 for the Unwary, Bloomberg

Officers malpractice action involving stock

Insurance Law, February 2, 2009

holders derivative claim and claim by trustee

Speaker

in bankruptcy involving U.S. Aggregates

Preparing Non-Engineering Degreed In- corporation. He was involved in

interpretation of insured vs. insured

House Personnel Against Daubert Attacks,

exclusion in the applicable policy, and which

Defense Research Institute 1999

Advanced Course of Study: Products was reported in Harris v. Gulf Ins. Co., 295

F.Supp.2nd 1220 (ND Cal. 2003)

Liability Litigation, CEB, 2000

Public Nuisance: Whose Public? American Represented director of corporation in

Bar Association Tort and Insurance Section corporate opportunity usurpation. Case tried

2001 in Washoe County Superior Court, Reno,

Post-Manufacture Duty to Warn: the Nevada reversed by Nevada Supreme

National Trend, Product Liability Advisory Court, and tried a second time successfully

Council, Spring 2005 in Washoe County Superior Court on

remand.

Faculty

Representative Clients

International Academy of Defense Council Trial

Clinic, University of Colorado, 2003 Michael Stone, Bullhead City, Arizona, G.S.

Rasmussen & Associates

Awards/Recognition

Specific Matters/Cases

Faculty Member, International Academy of

Defense Counsel Trial Clinic, University of Represented 13 credit unions in case

Colorado, 2003 against fidelity bond issuer; represented

Masters in Cross Examination, sponsored by Nestle USA in contract action where

American Board of Trial Advocates affirmative injunction obtained preventing

contractor from walking off the job;

represented Nestle subsidiaries in breach of

distribution contract claims.

Over the years Mr. Gebhardt has been

involved in representing various insurance

carriers from time to time in bad faith actions.

Representative Clients

Nestle USA, Nestle Canada, Nestle

Australia, Bloomfield Bakers LLP, Ralcorp

Company, Royal Oak Charcoal, various

credit unions, Gulf Insurance Company,

Travelers Insurance Company

Aviation Experience Product Liability

Mr. Gebhardt has represented aircraft and Throughout his career, Mr. Gebhardt has

helicopter manufacturers in various product represented manufacturers in defense of

liability situations. These include structural their products in product liability actions. In

defect claims, fuel system defect claims and addition to aircraft manufacturers, he has

failures, and crashworthiness. represented a diverse range of product

manufacturers, including guns, medical

He tried a six week case involving improper

devices, locks, lighters, jacks, winders,

instructions for fuel consumption; three trials

military products, bicycles, scissor lifts,

involving crash worthiness issues; month trial

pneumatic lifts and food products, among

involving complications of fuel system; structural

others.

disintegration allegedly caused by aerodynamic

flutter; subrogation case for loss of helicopter Representative Clients

due to defective push rods.

BIC Corporation, Beretta, USA, The Cessna

Aircraft Company, A. H. Robins Company,

Commercial

Shenfu, General Dynamics, UpRight, Inc.

Mr. Gebhardt has handled and tried numerous

and Nestle, USA

contract actions and business related matters,

as well as arbitrated such matters. Specific Matters/Cases

Tried gun defect case in Alameda Superior

Legal Malpractice

Court against Beretta USA to a defense

Over the course of 20 years, Mr. Gebhardt has

verdict. Tried cases involving airplane

been asked to represent various law firms both

design, including structural and fire

through insurance carriers and directly from the

crashworthiness, design of fuel systems for

law firm itself.

vapor elimination and water extraction.

Represented insurer in subrogation matter

involving helicopter loss resulting from

defective push rods. Represented BIC

Corporation in cases involving serious burns

or death, including a trial of a burned 3-year

old resulting in a defense verdict. Summary

Judgment on military contractors defense for

General Dynamics. Obtained a defense

verdict in a scissor lift case involving a $10

million liquidated sum.

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