Consumer Class Actions

Our lawyers defend businesses against class actions and high-stakes business litigation in a wide variety of industries, including Internet retailing, streaming video programming, behavioral advertising, food and beverage, and parcel delivery.

Our expertise includes defending unfair competition, privacy, copyright, trademark, disability discrimination, state consumer protection laws (including California Business and Professions Code §§ 17200 and 17500, and the Consumers Legal Remedies Act), and other commercial and consumer disputes. We have expertise in defending these actions not only for brick-and-mortar stores but also for online businesses.

  • Represented leading provider of subscription-based streaming videos in defense of national class actions claiming violation of disability anti-discrimination under ADA and state discrimination statutes relating to Internet-based closed captioning practices. Result: Obtained dismissal without leave to amend of class claims.
  • Represented pioneering behavioral advertising developer and online partners in defense of nationwide class actions alleging privacy violations under Electronic Communications Privacy Act and Stored Communications Act concerning use of respawning unique identifiers (“zombie cookies”) on mobile devices. Result: Actions dismissed.
  • Represented online retailers in defense of multiple nationwide class actions alleging state and federal invasion of privacy claims concerning website “tracking.” Result: Actions settled favorably.
  • Represented national retailer in defense of false advertising class action alleging mislabeling of sodium content in snack foods. Result: Pending.
  • Represented nationally known energy beverage company in defense of multiple false advertising and unfair competition claims concerning caffeine, sugar, and other ingredients disclosed on nutrition labels. Result: Obtained dismissal on preemption and standing grounds.
  • Represented national franchisor and parcel delivery service in defense of nationwide individual and class actions for unfair competition, trademark infringement, and breach of contract. Result: Obtained summary judgment and affirmance on appeal— after the class was certified.