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  Robert A. Cutbirth
Managing Partner
Direct Dial: 415.352.6424
[email protected]
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Rob Cutbirth is the Managing Partner for the San Francisco-Downtown office of Freeman Mathis & Gary, LLP.  Mr. Cutbirth brings more than 30 years of national trial experience in complex multi-party, class and multi-district claims, as well as arguing a number of significant appellate cases.

Mr. Cutbirth’s commercial practice includes TCPA, FDCPA, trademark and copyright disputes, business and blog defamation, false advertising, improper pricing, unfair business practices, and website accessibility.  He prosecutes and defends business litigation for breach of trade secret and intellectual property rights and obligations.  He serves as outside general and litigation counsel for an array of businesses including emerging technology companies with a focus on drafting, evaluating, and litigating business contracts such as vendor, real estate, professional service, and technology agreements.  

He frequently conducts contract reviews, as well as technology and compliance audits to avoid and transfer risks, while also ensuring compliance with regulatory, financing and corporate governance standards, including privacy and data security. Mr. Cutbirth regularly advises and defend clients on breach notification laws, privacy laws and technology errors and omissions.  Mr. Cutbirth also defends corporate directors and officers, attorneys, accountants and other professionals for claims of breach of duty and professional negligence.

Mr. Cutbirth’s litigation experience includes an array of employment law disputes involving breach of contract, executive compensation, equal pay, discrimination, harassment and wrongful termination. He has developed strategic employer initiates and comprehensive compliance programs to protect trade secrets and confidential information, manage drugs and medication, and proper pay classification.

Mr. Cutbirth’s clients include domestic and foreign insurers in both contract drafting and litigation. Having been responsible for litigation for a Lloyd’s of London Syndicate, and the manager of national monitoring program, Mr. Cutbirth is well versed in analysis of and defending cases involving underwriting, coverage, and extra contractual liability. Mr. Cutbirth has advised clients on the creation and management of local public agency risk pools, and the development of their governing documents, as well as evaluation and guidance on nearly all facets of public education law and its many issues and challenges.  He also has represented public entities and officials in a multitude of litigation.

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