Select experience includes:

Consumer Class Actions and Product Liability

• Ongoing representation of Gerber in product liability cases resulting in a mass tort MDL and consolidated state cases involving the presence of heavy metals in baby food products.
• Ongoing representation of Wells Fargo Advisors and its affiliates in several consolidated "cash sweep" putative class actions pending in the Northern District of California.
• Ongoing representation of bottled water companies in putative class actions alleging the violation of various consumer protection laws due to the alleged presence of microplastics, phthalates, or other contaminants.
• Successfully defended Eni S.p.A, an Italian global energy company, and one of its US subsidiaries, in seven lawsuits filed by various California cities and counties and one NGO, alleging defendants were responsible for damages caused by climate change. All seven lawsuits have been dismissed. (N.D. Cal.)
• Representation of Gerber in approximately 30 putative class actions filed across the U.S. alleging economic loss under state consumer protection laws due to the alleged presence of heavy metals in baby food products. The court granted our motion to dismiss. (E.D. Va.)
• Representation of BlueTriton in putative class actions alleging the company misleadingly labeled its bottled water as "100% Mountain Spring Water" or "100% Natural Spring Water" because it allegedly contains microplastics. The courts granted our motions to dismiss and plaintiffs voluntarily dismissed. (N.D. Ill., C.D. Cal., E.D.N.Y.)
• Representation of Nestlé Waters in the defense of a putative class action alleging violation of consumer protection laws arising out of the alleged presence of microplastics in bottled water products. The court granted our motion to dismiss based on federal preemption. (C.D. Cal.)
• Representation of Fitness International, LLC (LA Fitness) in a putative class action alleging its form membership agreement required members to waive certain rights in violation of several New Jersey consumer protection statutes. The court granted our motion to dismiss. (D.N.J.)
• Representation of Nestlé USA in its defense of two putative class actions filed in California and Massachusetts alleging violations of consumer protection laws arising out of the alleged use of forced and/or child labor in its supply chain to source cocoa for certain chocolate products. The district courts granted our motions to dismiss. The First and Ninth Circuits affirmed. (N.D. Cal., 9th Cir. & D. Mass,1st Cir.)
• Representation of Purina in a putative class action alleging the company failed to disclose on its product label the likelihood that forced labor may be used in its upstream supply chain. The court dismissed the case—the first motion to dismiss decided in a string of related class actions filed against the nation's leading pet food and chocolate manufacturers. The Ninth Circuit affirmed. (C.D. Cal & 9th Cir.)
• Representation of Gerber in multi-district litigation in defense of an action filed on behalf of a putative nationwide class of purchasers of baby bottles and cups, alleging claims under the consumer protection laws of numerous states based on the company's use of polycarbonate plastic (BPA) in certain products. The district court denied plaintiffs' motion to certify a multi-state class and later denied plaintiffs' motion to certify a Missouri class. (W.D. Mo.)
• Representation of GroupMe, a mobile messaging app provider, in a putative class action filed on behalf of the app's users. Plaintiff alleged GroupMe used an autodialer to send unsolicited text messages in violation of the TCPA. The court granted our motion for summary judgment. (N.D. Cal.)
• Representation of Time Warner Cable in defense of two putative nationwide class actions filed on behalf of former customers involving its data retention and privacy policies and alleging the company violated the Federal Cable Communications Policy Act and related state privacy statutes. The courts granted our motions to dismiss and the Seventh Circuit affirmed. (C.D. Cal., E.D. Wisc., 7th Cir.)
• Representation of Time Warner Cable in defense of a putative nationwide class action filed on behalf of all digital telephone customers alleging violations of RICO, fraud and negligence. The district court granted our motion to dismiss. The Ninth Circuit affirmed. (C.D. Cal., 9th Cir.)

Antitrust Class Actions

• Representation of Sunland Trading, a honey importer, in a putative class action filed by domestic honey producers and sellers to protect themselves from price competition from less expensive imported honey. Plaintiffs alleged violations of federal and state antitrust laws, RICO, and unfair competition. The court granted our motion to dismiss. Plaintiffs appealed. (E.D. Cal., 9th Cir.)
• Representation of Purina in the defense of a putative class action alleging violation of the Sherman Act and state consumer protection laws arising out of the sale of prescription pet food. The court granted our motion to dismiss, and the Ninth Circuit affirmed dismissal of the antitrust claim against Purina. (N.D. Cal., 9th Cir.)
• Representation of the Los Angeles Lakers in a putative class action alleging violations of California's Unfair Competition Law. Plaintiffs claimed our client entered into a US$3 billion programming agreement with a cable provider and passed the acquisition cost on to subscribers who could not opt out of the programming due to the bundling of channels. The trial court granted defendants' motion to dismiss. The court of appeal affirmed. (C.D. Cal.)
• Representation of Saudi Refining in a putative class action filed on behalf of 25,000 Shell and Texaco dealers alleging a Sherman Act claim. The district court granted our motion for summary judgment, which the Ninth Circuit affirmed. Subsequently, the same putative class, except for those dealers who were previously plaintiffs, filed another Sherman Act case under a different theory. The district court granted our motion to dismiss, and the Ninth Circuit affirmed. (C.D. Cal., 9th Cir.)
• Representation of Mirant, an electric power generator and marketer, in the defense of over 20 class actions, alleging violations of state and federal antitrust laws and state unfair competition laws. The courts dismissed every action in which we filed a motion to dismiss. The Ninth Circuit affirmed all judgments. (9th Cir.)

Securities Class Actions

• Representation of Honda Motor Co. and its subsidiary American Honda Motor Co., in a securities-fraud class action involving a largely untested question regarding the factual allegations required to plead a domestic transaction when asserting Exchange Act claims based on sponsored American Depository Receipts ("ADRs"). The district court dismissed the claims with prejudice. (C.D. Cal.)
• Representation of various SPACs in defending securities and derivative claims arising out of de-SPAC transactions.