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Kevin E. Gaut

Partner, through his Professional Corporation - los angeles


Kevin likes to say that his favorite activities are free. He prefers to spend his time outside the office hiking, camping and biking. He has climbed the highest peaks in numerous states, including Utah, Nevada, Idaho, California, Washington, Arizona, and Wyoming. His predilection for the simplicity of natural activities and relative calm of nature is paradoxical for someone who wrestles with complexity on a regular basis in his cases and who displays courtroom intensity as a litigator.

Kevin’s energy and endless optimism is a positive and infectious trait that has permeated the firm. Having been involved in leadership for years in the only firm he’s ever known, his authenticity and direct nature have helped shape the tone for MSK, never hiding from his self-admitted mistakes.


Legal Expertise

Litigation, focusing on complex commercial disputes with an emphasis in wage and hour class actions, antitrust, securities, legal malpractice, business torts, unfair competition, misuse of name and likeness, and real property law. Extensive jury and court trial experience in federal and state courts as well as in alternative dispute resolution proceedings, particularly arbitrations.

Representative Matters

  • Antitrust advice and counseling to major apparel company, music industry companies, and other clients. 
  • Successfully represented major generic drug manufacturer in action against large international pharmaceutical company on antitrust, unfair competition and other claims. Case successfully settled after summary judgment obtained for client.
  • Prosecution of antitrust claims asserting cutting-edge issues in the establishment of internet Top Level Domain names.
  • Defended the world's largest bottling company in five separate wage and hour class actions. 
  • Defended two major motion picture studios in a class action alleging that the studios discriminate against older writers.
  • Successful defense of one of California’s top forty law firms in several multi-million dollar legal malpractice claims, including those involving tax shelters, real estate partnerships, and conflict of interest issues. 
  • Successful defense of shareholders in a claim for fraud in the sale of a savings and loan association. 
  • Successful defense of directors of savings and loans being sued by federal regulatory agencies for alleged multi-million dollar defalcations. 
  • Obtained a preliminary injunction, and obtained determinations of liability of contempt, in a labor dispute involving a publicly traded apparel manufacturer. 
  • Prosecution of claims for piracy of sound recordings in violation of copyright and trademark laws. 
  • Representation of a major motion picture celebrity in a successful action for unauthorized use of the celebrity's name and likeness for commercial purposes. 
  • Representation of a Canadian cable television company suing to prevent unauthorized reception in Canada of the satellite footprint of broadcasts by U.S. cable television companies. 
  • Successful defense of two real property limited partnerships in a three-week arbitration of a several million dollar dispute. 
  • Obtained a $1.7 million verdict for plaintiff in a two-week federal jury trial for fraud and breach of contract.

Honors & Awards

  • "Top 5% of lawyers in Southern California," Southern California Super Lawyers (2004-2006, 2009-2012, 2018)
  • AV® Preeminent™ Rating, Martindale-Hubbell

Professional, Business and civic Affiliations

  • MSK Governing Board (2002-Present)
  • Los Angeles County Bar Association




  • California, 1985
  • U.S. District Court
  •     Central District of California, 1985
  •     Eastern District of California, 1985
  • U.S. Court of Appeals
  •     Ninth Circuit, 1985


Harvard Law School, J.D., 1984; magna cum laude

Sears Prize Recipient; Finalist, Ames Moot Court Competition

Harvard University, B.A., 1980

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