Mitchell Law Offices

Overview of Background

Gilbert de Dios has practiced business law since 2000 in the areas of litigation and corporate law. Mr. de Dios began his career at Mr. Mitchell’s prior law firm.

Mr. de Dios is admitted to practice in New York and the Southern District of New York. He is a member of the New York State Bar Association and the St. John’s Law Review Alumni Association. He is a graduate of St. John’s University School of Law where he was a senior member of the St. John’s University Law Review and where he graduated Cum Laude. He has an undergraduate degree in in Philosophy, Politics and Law from Binghamton University.

Mr. De Dios’s hobbies include traveling, tennis and windsurfing.

Career Highlights

The following summarizes Mr. de Dios’s career highlights:

Most Notable Litigation Successes

  • Shares the top AV® rating from the New York judiciary, as determined by
    Martindale.com and Mr. Mitchell.
  • Managed a $10 M trade secret litigation for an artificial intelligence, cloud-based venture.
  • Discovered fraud in a divestiture and successfully prosecuted the matter to a
    favorable settlement, in favor of the acquirer, which was approved by a trial judge in the NY Supreme Court Commercial Division.
  • Obtained a $547 M summary judgment in the New York Supreme Court
    Commercial Division.
  • Various breach of fiduciary duty actions involving corporations and LLCs.
  • Litigating the partner buy-out terms of an LLC operating agreement.
  • Trial preparation and settlement.
  • Obtained a favorable settlement against major women’s apparel brand for
    copyright infringement.
  • Successfully defended against an employee noncompete covenant TRO, which
    enabled the employee to start-up a multi-million dollar conference business.
  • Litigated and obtained a favorable oil, gas and mineral right settlement worth
    over $1.0 M on behalf of client.
  • Defended and successfully settled a Fair Labor Standard Act and NY Labor Law
    employment action on behalf of an employer, for only 20% of the asserted claim.
  • Successfully defended and settled numerous “merchant cash advance”
    transactions as usurious loans.
  • Managed a massive document review in a western real estate development
    company litigation.

Most Notable Corporate Successes

  • Various acquisitions and divestitures.
  • Corporate counsel to real estate development construction company.
  •  Conducted diligence for an acquiror and discovered disturbing facts that
    terminated negotiations.
  • Managed due diligence on various acquisitions and divestitures, with some
    involving more than $40 M in deal value.
  • Surveying legal issues across the fifty states of the USA on behalf of a national
    consumer venture.

Other Legal Experience

– Experienced in all phases of civil litigation including:

  • prosecuting and defending actions;
  • preparation of pleadings;
  • motion practice;
  • orders to show cause;
  • fact and expert discovery;
  • depositions and direct and cross examination of witnesses;
  • trial preparation and trial experience; and
  • settlement negotiations.

– Corporate experience including:

  • domestic and international acquisitions;
  • corporate governance, and LLC operating and shareholder agreements;
  • advisor to various medical and dental practices;
  • financings and debt restructurings;
  • customer and client contracts;
  • licensing agreements covering trade secrets and software;
  • structuring founder compensation; and
  • employment and non-compete agreements.