Attorney Profile

About Gary Fergus

Gary Fergus has tried nationally recognized cases in both federal and state courts throughout the United States.

Mr. Fergus’ experience includes high profile complex data intense complex trials in energy, mass tort, intellectual property and bankruptcy.

Mr. Fergus has been appointed by four federal bankruptcy courts to represent the interests of the fiduciaries responsible for nearly 50,000 unidentified individuals who over the next 30 years will have significant personal injury claims.  Mr. Fergus was a significant factor in reaching the following settlements:   In 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); In re Plant Insulation Company, U.S. Bankruptcy Court Northern District of California, Case No. 09-31347 (nearly $200 million in settlements to date – case is still pending).

Mr. Fergus was appointed by the bankruptcy court in the Southern District of New York to represent the Enron bankruptcy estate as the primary trial lawyer in the California and Pacific Northwest Wholesale Electricity litigation involving over $3.0 billion dollars in electricity trades that were challenged by federal, state and local governments as well as consumers.

Mr. Fergus represents inventors, artists, authors, copyright owners, trademark owners, in licensing intellectual property as well as in infringement actions.   Mr. Fergus was one of the lead plaintiff’s counsel in In re Literary Works, MDL 1379, United States District Court Southern District of New York, a worldwide class action brought on behalf of freelance authors against leading database and publishing defendants.   Mr. Fergus has national trial experience in product liability trials involving medical devices, pharmaceutical products, clinical trials of new biotechnology products, pesticides, product recall litigation as well as complex commercial disputes such as the value of over 2,500 miles of fiber optic cable.

Since 2008, Mr. Fergus has been selected each year in the bar Register of Preeminent Lawyers and has had an AV Peer Rating (Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability) for over 20 years.

Mr. Fergus started his career at Brobeck Phleger & Harrison LLP in 1980 as an associate.  He became a partner in 1986 and the Managing Partner, Products Liability, Insurance Coverage, Environmental and Anti-trust practice group from 1996-2000.  In 2002, he started his own practice Fergus, a law office where he continues to practice.

Mr. Fergus graduated in 1976 with honors from Stanford University.  He graduated from the University of Wisconsin Law School with honors in 1979 where he was a Moot Court Champion.  He graduated from New York University School of Law with an LL.M cum laude in 1981.

Mr. Fergus was appointed by Secretary of Interior to Federal Negotiated Rulemaking Committee for the Golden Gate National Recreation Area (2006-2008).