Gary S. Fergus

Gary S. Fergus

San Francisco, California

My experience includes more than 125 weeks of trial in complex high-value cases in federal and state courts and regulatory administrative trials throughout the United States. In 2001, I opened my own practice to help clients resolve complex disputes and to address fundamental civil wrongs. Based near Silicon Valley, I have handled intellectual property matters in different high-tech sectors including telecommunications, wireless technology, security systems industry, and computer software.

Big Firm Experience

Before founding Fergus, A Law Office, at the end of 2001, I practiced for 22 years as a trial lawyer in one of the top 30 national law firms, Brobeck, Phleger & Harrison, LLP. I was one of that firm's senior trial partners and managed their largest litigation group while maintaining an active trial practice in bet-the-company cases.

Small Firm Attention

Because I am a sole practitioner, all my clients get the benefit of my 29 years of experience, my attention to their problem and prompt responsive communications. Since opening my San Francisco office, I have represented plaintiffs and defendants at trial or in settlements that resolved complex litigation including intellectual property matters.

Areas of Practice

  • Energy
  • Mass Tort
  • Intellectual Property
  • Bankruptcy

Bar Admissions

  • California
  • Wisconsin
  • U.S. District Court Northern District of California
  • U.S. District Court Central District of California
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals District of Columbia Circuit
  • U.S. Supreme Court


  • New York University School of Law, New York, New York
    • LL.M. cum laude - 1981
    • Honors: With Honors
  • University of Wisconsin, Madison, Wisconsin
    • J.D. cum laude - 1979
    • Honors: With Honors
    • Honors: Moot Court Champion
  • Stanford University, Stanford, California
    • B.A. - 1976
    • Honors: With Honors

Published Works

  • Designing a Mass Tort Case Management System National Law Journal, July, 1986

Representative Cases

  • n re Western Asbestos, 313 B.R. 456 (Bkrptcy N.D. Cal. 2004)(settled after trial for $1.2 billion)
  • In re J.T. Thorpe, Case No. LA02-14216BB (Bkrptcy. C.D. Cal. 2006)(settled after trial for $250 million)
  • In re Thorpe Insulation, U.S. Bankruptcy Court, Central District of California, Case No. LA07-19271BB (settled after trial for $750 million)

Honors and Awards

  • AV Peer Rating (Martindale-Hubbell

Professional Associations and Memberships

  • American Bar Association, Member
  • American Intellectual Property Law Association
  • State Bar of California, Member
  • State Bar of Wisconsin, Member

Past Employment Positions

  • Brobeck Phleger & Harrison LLP, Associate, 1980 - Present
  • Brobeck Phleger & Harrison LLP, Partner, 1986 - Present
  • Brobeck Phleger & Harrison LLP, Managing Partner, Products Liability, Insurance Coverage, Environmental and Anti-trust practice group, 1996 - 2000

Pro Bono Activities

  • Golden Gate National Recreation Area, Federal Negotiated Rulemaking Committee, 2006 - 2008