Alan J. Gocha

Associate

Overview

Alan J. Gocha is a litigation associate with Foley & Lardner LLP and a member of the Business Litigation & Dispute Resolution Practice. His practice is primarily focused on complex commercial and intellectual property litigation. Alan also routinely counsels a diversity of manufacturers and suppliers, from the automotive industry to the beverage industry, on a broad array of commercial matters, including the Uniform Commercial Code (UCC), warranty claims, contract law and business torts.

Prior to joining Foley, Alan represented small businesses to Fortune 100 companies in a wide range of IP matters, including cases involving patent, trademark and copyright infringement claims and false advertising, misappropriation of trade secrets and unfair competition claims. He also represented clients across a variety of other practice areas, including cases related to shareholder rights, civil rights, contract and tort law.

Alan has served as lead counsel in several trial and appellate court cases, both in state and federal court. He has authored successful motions and responses related to summary judgment, dismissal, Daubert, discovery and sanctions. Alan has experience in taking depositions, cross-examining witnesses and negotiating settlements. He has also authored briefs and delivered oral arguments before the Michigan Court of Appeals and the United States Court of Appeals for the Sixth Circuit.

Alan has been published in a number of academic law journals. His works have received recognition by both academics and members of the legal community, including being cited in a college textbook and as suggested reading in the American Bar Association’s Diversity and Inclusion 360 Commission Toolkit. Alan also appeared on the Emmy Award-winning talk show The Doctors, Fox 2 News and Let It Rip

Representative Experience*

  • Pre-trial counsel of record in commercial dispute involving breach of contract, patent infringement, copyright infringement and misappropriation of trade secrets claims. While the opposing side initially sought $1 billion in damages, the court ruled in the client’s favor on two rounds of Daubert motions, excluding six expert reports (including both damages experts) and granted the client summary judgment on several claims.
  • Represented plaintiff in design patent litigation. Obtained partial summary judgment, multimillion-dollar judgment and permanent injunction. 
  • Counsel of record for plaintiff in commercial dispute involving multimillion-dollar breach of contract, copyright infringement and unjust enrichment claims. Obtained sanctions and favorable resolution.
  • Counsel of record for plaintiff in multimillion-dollar breach of contract case. Obtained favorable resolution.
  • Counsel of record for energy drink company in case involving trademark infringement and false advertising claims. Obtained favorable resolution.
  • Counsel of record for defendants in case involving fraud, breach of fiduciary duty and shareholder oppression claims. Obtained favorable resolution.
  • Trial counsel for chapter 7 bankruptcy panel trustee in adversary proceeding. Obtained favorable judgment after bench trial.
  • Lead counsel for plaintiff in consumer protection litigation. Obtained dispositive sanctions, including an award of treble damages and attorney’s fees.
  • Lead counsel for plaintiff in consumer protection litigation. Obtained favorable resolution after receiving favorable judgment and award of treble damages. 
  • Lead counsel for defendant in case involving claims for breach of contract and fraud. Obtained walk-away settlement.
  • Lead counsel for defendant in duty-to-defend insurance coverage dispute. Obtained favorable resolution.
  • Lead counsel for appellants in appeal seeking to overturn a grant of summary judgment on statute of limitation grounds. Obtained reversal on five claims.
  • Counsel of record for appellants in appeal seeking to overturn grant of summary judgment on evidentiary grounds. Obtained reversal on all claims.  
  • Represented appellant in appeal seeking to overturn the invalidation of several patents. Obtained reversal. 
  • Represented appellant in duty-to-indemnify insurance coverage dispute. Obtained favorable resolution.
  • Obtained favorable results for clients in several commercial arbitrations.

*Certain of these matters were handled prior to joining Foley.

Publications & Presentations

  • Panelist, “Big Law: An Associate’s Guide to Success,” Judicial Externs and Law Clerks of the United States District Court for the Northern District of Illinois (April 15, 2021)
  • Speaker, “Pleadings 101: Civil Litigation in Federal Court,” Judicial Interns of the United States District Court for the Northern District of Illinois (February 15, 2021)
  • Co-author, “There is a 'Better Than Negligible' Chance You are Invoking the Wrong Standard: The Preliminary Injunction Analysis in the Seventh Circuit,” Chicago Bar Association (November 15, 2020)
  • Speaker, Detroit Association of Realtors Luncheon Commemorating the 50th Anniversary of the Fair Housing Act (July 2018)
  • Lecturer, CLE in the Garden: Practical Lessons for Intellectual Property Practitioners in Arizona (April 2018)
  • Author, “A Modern System for Resolving Online Copyright Infringement Disputes: Administrative Rulemaking and Adjudication, a One-Stop Fix to the Digital Millennium Copyright Act,” IDEA, Vol. 58, No. 2 (2018)
  • Author, “Avoiding the Rabbit Hole: An Ontological Model for Determining Section 101 Patent-Eligibility,” John Marshall Review of Intellectual Property Law, Vol. 17, No. 2 (2017)
  • Author, “Internet Service Providers Must Register DMCA Agents in Copyright Office’s New Online Registry,” Mondaq (June 23, 2017)
  • Author, “The Sanitization of Violence: Exposing the Plea Bargain Regime as a Tool for Mass Injustice,” Georgetown Journal of Law & Modern Critical Race Perspectives, Vol. 8, No. 2 (2016)
  • Author, “A Call for Realism in the Justice System: Why Criminal Defense Attorneys Should Take Race into Account when Advising Clients,” Georgetown Journal of Legal Ethics, Vol. 28, No. 3 (2015)

Education

Alan received his law degree from the Georgetown University Law Center (J.D., 2016), where he was an articles editor for the Georgetown Journal of Legal Ethics. At Georgetown, Alan was the co-founder and group leader for the Detroit Legal Alliance, a student organization dedicated to providing pro bono legal services to the City of Detroit. Alan was named an Exceptional Pro Bono Pledge Honoree and winner of the Georgetown Law Journal of Modern Critical Race Perspectives’ Annual Essay Contest.

Alan received his bachelor’s degree from the University of Michigan (B.A., 2013). While at Michigan, he co-founded and served on the board of a non-profit organization dedicated to expanding access to competitive debate for low income students. Alan received the Paul and Sue Nine award and was a National Debate Tournament qualifier.

Admissions

  • State Bar of Michigan
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Michigan
  • United States District Court for the Eastern District of Texas
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Federal Circuit
  • Supreme Court of the United States