Jeremy B. Rosen

Partner

San Francisco

jrosen@horvitzlevy.com 415.462.5600

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Jeremy Rosen is sought after by corporate clients across the country for strategic consultation in high stakes cases at all stages of litigation.

He has handled hundreds of appeals in state and federal appellate courts. His cases have involved numerous important issues regarding anti-trust, environmental law, class actions, wage and hour law, employment law, breach of contract, intellectual property, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine. He is also nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion.

Jeremy is a partner at the firm, which he joined in 2001. He is a member of the California Academy of Appellate Lawyers.

Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court. He has an extensive pro bono practice where he often represents victims of domestic violence and individuals seeking redress for civil rights violations.

Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.

Representative Matters

Fonseca v. Walmart (2025)

California superior court grants judgment notwithstanding the verdict and eliminates a $34 million damages award in an employment defamation case.

Shorter v. Baca (III) (2025)

Horvitz & Levy, as court-appointed amicus counsel, files successful pro bono brief in support of a former pretrial detainee.

Navarro v. Cervera (2025)

California Court of Appeal publishes opinion holding that a statute providing procedural safeguards for ER surgeons against medical malpractice claims also protects other physicians who consult remotely with the ER department

Samuelian v. Life Generations Healthcare, LLC (2024)

In a published opinion, California Court of Appeal holds that noncompetition provisions are binding on partial owners of a business unless the provisions are unreasonable, reversing confirmation of a $40 million arbitration award.

Boermeester v. Carry (II) (2024)

California Court of Appeal holds that private universities disciplining students for sexual assault or intimate partner violence may employ an investigatory model in which the same university official acts as investigator and factfinder.

Gantner v. PG&E (2023)

Supreme Court holds that PG&E is not liable for emergency power shutoffs it implemented to reduce the risk of catastrophic wildfires.

Shenoi v. Maya (2023)

California Court of Appeal affirms defense judgment in defamation case involving youth soccer league.

Boermeester v. Carry (2023)

California Supreme Court holds that universities disciplining students for sexual assault or intimate partner violence do not need to provide the accused student with an opportunity for real-time cross-examination of witnesses.

Sanchez v. Ghost Management Group (2023)

Ninth Circuit affirms dismissal of trademark infringement action.

Cooley v. Hernandez (2023)

California Court of Appeal reverses rulings that prevented a personal representative from settling a decedent’s lawsuit.

Mitchell v. Moses (2022)

California Court of Appeal reverses trial court order that dismissed defamation lawsuit brought by Horvitz & Levy’s clients.

Nikmanesh v. Walmart (2022)

Federal district court reduces $27.3 million punitive damages award to $800,400 and denies plaintiff attorney fees.

Oroville Hospital v. The Superior Court of Butte County (2022)

California Court of Appeal grants writ petition and orders judgment for the defense in elder abuse lawsuit.

Shorter v. Baca (2021)

Ninth Circuit holds that former jail inmate is entitled to judgment as a matter of law on her excessive search and inadequate sanitation claims.

Alvarez v. Silva (2021)

California Court of Appeal reverses mutual domestic violence restraining order entered against our client.

Huang v. Superior Court (2021)

California Court of Appeal issues an alternative writ of mandate in favor of Horvitz & Levy’s clients, causing trial court to deem admitted key facts underlying a multi-million-dollar probate matter.

Ashby v. Ashby (2021)

California Court of Appeal affirms renewal of domestic violence restraining order in favor of Horvitz & Levy’s pro bono client

Quidel v. Superior Court (2020)

After grant of review by California Supreme Court, California Court of Appeal for a second time reversed trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businesses

Hann v. Hallberg (2020)

The Supreme Court grants motion to dismiss review, reinstating a favorable Court of Appeal’s opinion that prevented a forced partnership buyout and established that living trusts may serve as partners under California law

Riley v. Kernan (2020)

Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds

Shia v. Shia (2020)

California Court of Appeal reverses spousal support award because trial court failed to consider domestic violence evidence

Scholes v. Lambirth Trucking Co. (2020)

Representing amicus curiae, Horvitz & Levy successfully argues in California Supreme Court that statute authorizing heightened damages for injury to trees does not apply to trees damaged by negligently spread fires

Han v. Hallberg (2019)

California Court of Appeal holds that living trusts may serve as partners under California law.

Byrd v. Phoenix Police Dep’t (2018)

Ninth Circuit reverses dismissal of prisoner's civil rights claims.

Hahn v. Waddington (2017)

Ninth Circuit reverses dismissal of prisoner’s civil rights claims

Hawkins v. St. John Missionary Baptist Church of Bakersfield (2017)

California Court of Appeal reverses judgment that ousted pastor from church

Byrd v. Maricopa County Board of Supervisors (2017)

Ninth Circuit reverses dismissal of prisoner civil rights claims

Wang v. Nibbelink (2016)

Court of Appeal affirms summary judgment in favor of property owners on the basis of recreational immunity

Northrop Grumman Systems Corporation v. Goldentop Road, LLC (2016)

California Court of Appeal affirms ruling for Horvitz & Levy client in commercial real estate dispute

Garity v. APWU National Labor Organization (2016)

Ninth Circuit reverses dismissal of ADA lawsuit against union

Angel v. Winograd (2016)

California Court of Appeal reverses denial of anti-SLAPP motion in defamation case

Central Metal v. Center Bank (2015)

California Court of Appeal affirms grant of anti-SLAPP motion in action arising from commercial lender’s receivership action

Escobedo v. Apple American Group (2015)

Ninth Circuit issues published opinion for pro bono client, clarifies rules for indigent litigants.

Falcon v. Farley (2015)

Ninth Circuit reverses summary judgment against pro bono client in First Amendment Case.

Jay v. Mahaffey (2013)

California Court of Appeal affirms denial of anti-SLAPP motion in malicious prosecution case.

Malin v. Singer (2013)

California Court of Appeal reverses trial court and orders dismissal of extortion claim against attorney.

Mercado v. Doctors Medical Center of Modesto, Inc. (2013)

California Court of Appeal reverses order denying employer’s motion to compel arbitration.

Jimenez v. Holder (2013)

United States government dismisses removal proceedings against immigrant family.

Moran v. South Coast Medical Center (2013)

California Court of Appeal affirms hospital’s denial of medical staff privileges.

Singh Educational Services v. Blueprint Test Preparation LLC (2013)

Court of Appeal rejects competitor’s attempt to shut down test preparation company in alleged theft of trade secrets action.

Cuviello v. City of Oakland (2011)

Ninth Circuit affirms injunction, finding that restrictions on protests at Oracle Arena are consistent with the First Amendment.

Ibarra v. Carpinello (2011)

California Court of Appeal affirms dismissal of defamation lawsuit in high-profile MMA dispute.

State Farm v. Lee (2011)

California Court of Appeal affirms order granting motion to strike cross-complaint for abuse of process.

Li v. Simpson Thacher & Bartlett LLP (2010)

California Court of Appeal affirms order denying motion to strike malicious prosecution action against Simpson Thacher & Bartlett.

Raymond v. Flynt (2010)

California Court of Appeal reverses arbitration award against employer in sexual harassment case.

Hayden v. California State University (2010)

San Diego County Superior Court denies petition for writ of mandate challenging California State University's fees for summer school.

Stewart v. Rolling Stone LLC (2010)

California Court of Appeal confirms broad First Amendment protection for publishers.

PrediWave Corporation v. Simpson Thacher & Bartlett et al. (2009)

California Court of Appeal reverses trial court order that dismissed $2 billion attorney malpractice suit under anti-SLAPP statute.

Christoff v. Nestlé USA, Inc. (2009)

California Supreme Court applies single-publication rule to unauthorized commercial use of likeness in right of publicity case, eliminating our client’s exposure to more than $10 million in damages.

In Re Episcopal Church Cases (2009)

California Supreme Court rules in favor of national church in property dispute with breakaway local parish.

Holdgrafer v. Unocal Corp. (2008)

California Court of Appeal reverses $5 million punitive damages award against Unocal in soil contamination case.

Sterling v. Taylor (2007)

California Supreme Court affirms judgment for defendant in dispute over real estate transaction.

Kibler v. Northern Inyo County Local Hosp. Dist. (2006)

California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.

Varian v. Delfino (2005)

California Supreme Court holds that appeal from the denial of an anti-SLAPP motion automatically stays further trial court proceedings.

Credentials

Education

Duke University School of Law
J.D. and L.L.M. in International and Comparative Law, Order of the Coif, magna cum laude, 1997
Cornell University
B.A., Phi Beta Kappa, magna cum laude, 1993

Clerkships

Hon. Ferdinand F. Fernandez, U.S. Court of Appeals, Ninth Circuit (1999-2000)
Hon. Wm. Matthew Byrne, Jr., U.S. District Court, Central District of California (1997-1998)

Bar Admissions

California
U.S. Supreme Court
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, Federal Circuit
U.S. District Court, Central District of California
U.S. District Court, Southern District of California

Professional Associations

California Academy of Appellate Lawyers
Los Angeles County Bar Association
United States Chamber of Commerce
Bolch Institute at Duke Law School, Leadership Council
Cornell University Speech and Debate Advisory, Board Member
Federalist Society, Co-Chair of the Advisory Board, Former President of the Los Angeles Lawyer’s Division
Chancery Club of Los Angeles
Stephen Wise Temple, Executive Committee, Board Member and Secretary
Wise Readers to Leaders, Executive Committee, Board Member and Secretary

Awards

CLAY award (California Lawyer Attorney of the Year) by Daily Journal (2024)
Top Verdicts by Daily Journal (2023)
CLAY award (California Lawyer Attorney of the Year) in the field of appellate practice (2016)
The Los Angeles & San Francisco Daily Journal recognized Jeremy as one of the Top 100 Lawyers in California (2013-2014)
National Law Journal profiled Jeremy in its Pro Bono Hot List (2014)
Public Counsel Pro Bono Attorney of the Year (2013)
Los Angeles & San Francisco Daily Journal “20 to Watch Under 40” list of California attorneys (2007)
Super Lawyers (2012-2023)
Super Lawyers “Rising Star” (2006-2011)
Best Lawyers (2015-2024)

Publications

The Growing Divide Over Unmanageable PAGA Claims (June 29, 2022) Daily J.
John Eastman Is Not a Victim of Cancel Culture (October 2021) The Atlantic
Supreme Court Eviscerates Limits on the Ministerial Exception (Apr. 5, 2021) Daily J.
Escaping the COVID-19 Backlog: Arbitration (Fall 2020) ABTL Report
State Court Docket Watch: Frlekin v. Apple Inc., (Oct. 9, 2020) The Federalist Society
Anti-SLAPP and Employment Claims (July 15, 2020) Daily J.
A GC’S Auditor? How To Use Appellate Counsel To Add Value (Mar. 2018) Association of Corporate Counsel, Docket Vol. 36, Issue 2
How Calif.’s Anti-SLAPP Law Affects Amended Complaints (Nov. 8, 2017) Law360
Does California’s Anti-SLAPP Law Apply To Discrimination Claims? (June 9, 2017) Law360
My Reflections on Justice Paul Turner (May 26, 2017) Daily J.
SLAPP Update (Apr. 7, 2017) California Lawyer
DC Circuit Rules FedEx Drivers Are Independent Contractors, Again Rejecting NRLB View (Mar. 30, 2017) Washington Legal Foundation, The Legal Pulse
Does Anti-SLAPP Law Apply To Legal Malpractice Claims? (Feb. 13, 2017) Law360
Helping Americans to Speak Freely (Dec. 15, 2016) The Federalist Society Review, Vol. 18, p. 46
What Is ‘Public Interest’ Under California Anti-SLAPP Law? (Dec. 1, 2016) Law360
When Demand Letters Constitute Extortion In California (Sept. 23, 2016) Law360
Revitalizing Calif.’s Often Overlooked Legislative Privilege (Aug. 9, 2016) Law360
Speak Free Act Prevents SLAPP in Face to Free Speech (July 15, 2016) The Hill
Speaking Freely (Summer 2016) ABTL Report
California’s Anti-SLAPP Law is Not Systematically Abused (June 30, 2016) Law360
Written testimony in support of H.R. 2304, the ‘‘Speak Free Act’’ (June 22, 2016) House of Representatives, Committee on the Judiciary
Weekly Appellate Report (Apr. 29, 2016) Daily J.
The Fine Line Between Protected Demand Letters and Extortion (2015) California Litigation, Vol. 28, No. 1, p. 11
Arbitration: Be Careful What You Wish For (Mar. 24, 2014) Corporate Counsel [online exclusive]
SLAAP Update (Dec. 2012) California Lawyer, pp. 36-38
Petitions for Review in the California Supreme Court (June 2012) Orange County Lawyer, Vol. 54, No. 6, pp. 32-36
Why We Need a Federal Anti-SLAPP Law (June 8, 2012) Daily J., p. 3
The Wide-Ranging Applications of Calif. Anti-SLAPP Law (Feb. 14, 2012) Law 360
Uncertainty looms over anti-SLAPP issues in 2011 (Dec. 20, 2011) Daily J., p. 4
Petitions for Review in the California Supreme Court (June, 2011) LACBA E-Publication, Vol. II, No. 21
The 2010 Election and the New Chief Justice: How Will the State Supreme Court Change? (Oct. 5, 2010) Daily J., p. 5
California 2010: The Courts and the Economy (Oct. 2010) Federalist Society for Law & Public Policy Studies
California 17200: Its Nature, Function, and Limits (Summer 2010) State Court Docket Watch
Another Exception for Judicial Review of Arbitration Awards (June 15, 2010) Daily J., p. 7
California: Unfair Competition Law (Summer 2009) State Court Docket Watch, at p. 2
2 Cal. Civil Writ Practice (Cont.Ed.Bar 4th ed. 2008) Petition for Writ of Supercedeas, ch. 26, pp. 681-702
Where No Court Has Gone Before: The California Supreme Court Imposes Modest Limits On The Use Of Parol Evidence (1st Qtr. 2007) Verdict, pp. 42-44
Anti-SLAPP Statutes and Peer Review (Nov. 2006) Medical Malpractice Law & Strategy, Vo. 24, No. 2A, p. 7
Unmasking “crack_smoking_jesus”: Do Internet Service Providers Have a Tarasoff Duty to Divulge the Identity of a Subscriber who is Making Death Threats? (2003) 25 Hastings Communications and Entertainment Law Journal (Comm/Ent) 683
Excessive Verdicts Affect Both “Real People” and “the Powerful” (Sept. 2001) L.A. Daily J., Vol. 114, No. 168
The Independent Counsel Act: An Unconstitutional Delegation of Power to Judges (2001) Federalism & Separation of Powers News, Vol. 3, No. 1
China, Emerging Economics, and the World Trade Order (1997) 46 Duke L.J. 1519

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