People
Dale Giali is a litigator who has represented a number of the world's largest multinational corporations in complex food and beverage, dietary supplement and consumer product false advertising matters, including defending consumer class actions and prosecuting and defending competitor lawsuits. Dale is recognized by clients and peers alike for his imaginative defense strategies, his understanding of the industries he serves and for his successful results on behalf of the firm's clients.
Dale regularly practices in state and federal trial and appellate courts in cases involving false advertising related to alleged contaminants in products (heavy metals, glyphosate, PFAS, mycotoxins, phthalates), sustainability/environmental/green claims, nutrition and health claims, claims involving "natural" and transgenic products, alleged violations of the FDCA/NLEA, PPIA, FMIA, Lanham Act, and FTC Green Guides (and state counterparts), state and federal warranty claims and violations of state consumer protection laws.
Dale also routinely counsels businesses on regulations such as California’s Automatic Renewal Law and the federal Restore Online Shopper Confidence Act (or ROSCA). He has significant experience providing a range of additional interrelated services for his clients, including litigating allegations of antitrust violations, unfair business practices, unfair competition, misappropriation of trade secrets, breach of contract, business torts, and franchise relationship counseling and agreement violations.
Benchmark Litigation has repeatedly recognized Dale as a Litigation Star for class actions and he was named a BTI Super All-Star. He has also been recognized by The National Law Journal as a Litigation Trailblazer. Dale was identified by Law360 as an MVP in the field of class action litigation in the United States. Dale is consistently recognized in Chambers USA and Legal 500, including as a Legal 500 "Leading Individual" for trade secret misappropriation litigation, and he was named to Legal 500’s Hall of Fame for Intellectual Property: Trade Secrets (Litigation and Non-contentious matters).
J.D., University of San Diego School of Law, cum laude
B.A., University of California
California
District of Columbia
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of California
U.S. District Court for the Southern District of Illinois
Member, American Bar Association
Member, Association of Business Trial Lawyers, Los Angeles Chapter
Member, Consumer Brands Association
Member, Food and Drug Law Institute
April 15, 2024
Dale Giali and Keri Borders represent Nestle in a false ad case before a California federal court
March 19, 2024
Keri Borders and Dale Giali represent Gerber in a false-ad class action case before a New York federal court
February 1, 2024
Dale Giali, Rebecca Johns and Keri Borders obtain a favorable dismissal on behalf of Nestle in a false ad case before a Florida federal court
Bustamante v. KIND, LLC, --- F.4th ----, 2024 WL 1917155 (2d Cir. May 2, 2024), affirming In re: Kind LLC “Healthy and All Natural” Litigation, 627 F. Supp. 3d 269 (S.D.N.Y. 2022). In a precedential decision following nine years of litigation, the Second Circuit affirmed summary judgment and striking of plaintiffs’ “natural” and consumer behavior experts in false advertising MDL class action challenging healthy, natural and non-GMO statements on the labels of snack products.
Cleveland v. Campbell Soup Co., 647 F.Supp.3d 772, (N.D. Cal. 2022) Successive motions to dismiss granted in false advertising consumer class action challenging a front-of-pack 0g Total Sugars statement.
Zurilene v. Dreyer’s Grand Ice Cream, Inc., 591 F. Supp. 3d 362 (S.D. Ill. 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois Consumer Fraud and Deceptive Business Practices Act regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of “Vanilla Milk Chocolate Ice Cream Bars” without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff was attempting to impose label requirements that were in addition to or different from FDA regulations and, therefore, the theory of liability was preempted.
See more
December 8, 2023
General Counsel’s Decision Tree for Internal Investigations for the Food and Beverage Industry
September 20, 2022
International Food Law Gazette– September 2022
April 15, 2024
Dale Giali and Keri Borders represent Nestle in a false ad case before a California federal court
March 19, 2024
Keri Borders and Dale Giali represent Gerber in a false-ad class action case before a New York federal court
February 1, 2024
Dale Giali, Rebecca Johns and Keri Borders obtain a favorable dismissal on behalf of Nestle in a false ad case before a Florida federal court
Bustamante v. KIND, LLC, --- F.4th ----, 2024 WL 1917155 (2d Cir. May 2, 2024), affirming In re: Kind LLC “Healthy and All Natural” Litigation, 627 F. Supp. 3d 269 (S.D.N.Y. 2022). In a precedential decision following nine years of litigation, the Second Circuit affirmed summary judgment and striking of plaintiffs’ “natural” and consumer behavior experts in false advertising MDL class action challenging healthy, natural and non-GMO statements on the labels of snack products.
Cleveland v. Campbell Soup Co., 647 F.Supp.3d 772, (N.D. Cal. 2022) Successive motions to dismiss granted in false advertising consumer class action challenging a front-of-pack 0g Total Sugars statement.
Zurilene v. Dreyer’s Grand Ice Cream, Inc., 591 F. Supp. 3d 362 (S.D. Ill. 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois Consumer Fraud and Deceptive Business Practices Act regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of “Vanilla Milk Chocolate Ice Cream Bars” without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff was attempting to impose label requirements that were in addition to or different from FDA regulations and, therefore, the theory of liability was preempted.
See more
December 8, 2023
General Counsel’s Decision Tree for Internal Investigations for the Food and Beverage Industry
September 20, 2022
International Food Law Gazette– September 2022
April 15, 2024
Dale Giali and Keri Borders represent Nestle in a false ad case before a California federal court
March 19, 2024
Keri Borders and Dale Giali represent Gerber in a false-ad class action case before a New York federal court
February 1, 2024
Dale Giali, Rebecca Johns and Keri Borders obtain a favorable dismissal on behalf of Nestle in a false ad case before a Florida federal court
J.D., University of San Diego School of Law, cum laude
B.A., University of California
California
District of Columbia
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of California
U.S. District Court for the Southern District of Illinois
Member, American Bar Association
Member, Association of Business Trial Lawyers, Los Angeles Chapter
Member, Consumer Brands Association
Member, Food and Drug Law Institute