• Defeated class certification for Porsche Cars North America, Inc. in a case arising from alleged defects in certain Porsche 911 vehicles under the California Consumer Legal Remedies Act and Unfair Competition laws. The court denied class certification on predominance grounds because: (1) the plaintiff failed to prove the alleged defect on a class-wide basis; (2) even if the defect was pervasive, due to warranty replacements and multiple sales of the same vehicles, some putative class members necessarily bought cars with "non-defective" replacement cables, thus individual analysis was necessarily required; (3) reliance could not be presumed on a class-wide basis; and (4) exposure to and reliance upon PCNA's supposed omission required individual inquiry.
  • Won dismissal for J. Crew Group, Inc. of a putative class action under federal privacy litigation, the Fair and Accurate Credit Transactions Act ("FACTA"). The plaintiff alleged J. Crew violated FACTA by printing the first six digits and last four digits of his credit card number and sought statutory damages of $100 to $1,000 per violation. The plaintiff did not allege that he suffered any actual damages. The court granted J. Crew's motion to dismiss for lack of subject matter jurisdiction pursuant to Spokeo v. Robins, holding the plaintiff had not suffered a "concrete" injury. This was the first district court decision within the Third Circuit to address standing under FACTA post-Spokeo and the first to make it to the Third Circuit for review, where it is pending.
  • Won summary judgment for a technology company in a putative class action alleging violations of federal privacy litigation, the federal Driver's Privacy Protection Act ("DPPA"). The DPPA provides for statutory damages of $2,500 per violation, so if the plaintiffs had been able to show that the DPPA applied, and that there was a violation, damages could have reached into the billions. Initially, we bifurcated discovery so that the court resolved the named plaintiffs' claims before any class discovery. After limited discovery, the court agreed the named plaintiffs' driver's licenses were not protected by the DPPA and dismissed the case in its entirety.
  • Won dismissal of two putative class actions against Quik Park and Icon Parking that alleged certain parking fees were actionable under New York's deceptive practices act and a theory of unjust enrichment. After we filed our motion to dismiss, the plaintiffs agreed to dismiss their claims with prejudice for the payment of a nominal amount.
  • Won dismissal for The WhiteWave Foods Company, maker of Silk dairy-substitute beverages, in a putative class action alleging use of the term "almond milk" was deceptive; and that products using that term should have nutritional qualities equivalent to dairy milk or else the product must be called "imitation milk." The court dismissed the action on federal preemption grounds.
  • Won dismissal for Massachusetts Mutual Life Insurance Company of a putative class action before even responding to the complaint by demonstrating, through declarations and negotiations with plaintiff's counsel, that there was no certifiable class. The complaint alleged a national class of purchasers of whole life insurance policies with waiver of premium riders that were not refunded premium payments under the waiver when they became disabled. The plaintiff initially sought refunds of thousands of dollars in premium payments for each putative class member, but eventually conceded that there was no circumstance in which he could certify a class.
  • Won a victory for Pool Corporation, the largest US distributor of swimming pool construction and maintenance products, in an antitrust class action. In January 2016, we won summary judgment on a claim of horizontal conspiracy under the Sherman Act; in April 2016, we won summary judgment on three claims of vertical conspiracy; in October 2016, the direct purchaser plaintiffs dismissed their appeal voluntarily without any money changing hands after the court granted our motion for summary judgment on the remaining federal and state law claims.
  • Won dismissal of a putative shareholder class action brought against Ray Berry and Brett Berry, the founder and chairman of the board and the former CEO of The Fresh Market. After a tender offer of $1.4 billion for the company, a stockholder challenged the transaction, claiming the directors had breached their fiduciary duties and that Brett Berry had aided and abetted the breach. We moved to dismiss on the ground that the decision by a majority of the stockholders to tender their shares was not coerced and had been fully informed. The matter is now on appeal.
  • Defeated certification for Hilton of a putative class action seeking damages ranging from $18 billion to $54 billion on allegations it had violated the Telephone Consumer Protection Act by using an automated telephone dialing system to call customers' cell phones. The lawsuit sought statutory damages ranging from $18 to $54 billion. We defeated class certification, the plaintiffs appealed, and the Ninth Circuit heard oral argument and dismissed Plaintiffs' appeal in July 2017.
  • Obtained a favorable settlement for Groupon, Inc. in 15 putative nationwide class action lawsuits and two state actions coordinated into an MDL. The plaintiffs alleged inclusion of an expiration date on Groupon's "daily deal" vouchers violated national and state laws prohibiting the expiration of gift cards. At the time, the applicability of gift card laws to Groupon's innovative Internet-based business model was not clear, and the challenged "daily deals" made up the majority of Groupon's rapidly growing business. Groupon settled the matter for $8.5 million. The Ninth Circuit overturned an initial settlement, and the district court approved an amended settlement in 2016. Implementation of the settlement took place during 2016 and 2017.
  • Obtained a favorable settlement for a boutique fitness company in a putative class action alleging the company's sale of classes violated federal and California gift certificate laws, the CLRA and UCL. In response to our first motion to dismiss, the plaintiff dropped claims under the laws of Connecticut, New Jersey, Massachusetts, Florida, Illinois and Maryland. In response to our second motion to dismiss, the court dismissed the CLRA claim. After discovery, the parties briefed class certification, which was pending when the parties went to mediation. In October 2017, the court granted final approval of a settlement in which the company agreed to provide replacement classes and a cash option capped at $50 each and $500,000 overall.
  • Obtained a settlement and dismissals for The WhiteWave Foods Company in MDL class actions alleging Horizon Organic Milk fortified with DHA Omega-3 fatty acids did not "Support Brain Health," as advertised, and seeking damages in the hundreds of millions. We excluded plaintiffs' sole expert on the merits, then negotiated a novel settlement that included a nominal monetary payment but preserved the client's ability to continue making its "brain health" label claims and included protocols for a third-party monitoring process. In August 2017, a new putative class action was filed challenging the same label claims for Horizon milk; we won dismissal of that action.
  • Settled thousands of putative class actions against Omni Hotels under California's Invasion of Privacy Act ("CIPA"). As the CIPA provides $5,000 in statutory damages per alleged violation, the exposure was approximately $65 million. The court approved a settlement which entailed no payment of attorneys' fees and class relief of less than $10,000 in gift cards.