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Eaton, U.S. Court of International Trade","years_held":"1998 - 2000"}],"first_name":"Russell","title_rank":9999,"updated_by":202,"law_schools":[{"id":1921,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"1998-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null},{"id":755,"meta":{"degree":"LL.M.","honors":"","is_law_school":"1","graduation_date":"1999-01-01 00:00:00"},"order":2,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"III","recognitions":[{"title":"Listed for Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices","detail":"The Legal 500 United States, 2018"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eChip Gaudreau has a broad range of experience defending multinational companies in complex product liability and mass tort litigations across multiple industries, with a particular focus on strategic litigation management and resolution strategies for the pharmaceutical, medical device and healthcare industries. Chip has also worked on national litigations involving automobiles, safety equipment, financial services and toxic torts.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eChip\u0026rsquo;s main focus is achieving the right outcome for clients in litigation. To that end, he provides all-inclusive strategic litigation management and resolution strategies that are narrowly tailored to clients\u0026rsquo; financial needs and ultimate goals. He manages and coordinates large teams in complex national litigation.\u003c/p\u003e\n\u003cp\u003eHe routinely designs and implements creative alternative fee arrangements and manages those arrangements during the life of an engagement to avoid surprises and provide predictability in \u0026ldquo;outside counsel\u0026rdquo; legal spend. In fact, Chip often works hand-in-hand with his clients and their legal finance departments to provide complete transparency in the level of work being performed and to ensure that expected financial targets are met.\u003c/p\u003e","matters":["\u003cp\u003eServes as national resolution counsel to an international medical device manufacturer in mesh and IVC filter multidistrict litigations.\u003c/p\u003e","\u003cp\u003eServes as resolution counsel to a pharmaceutical company in two separate multidistrict litigations.\u003c/p\u003e","\u003cp\u003eServed as coordinating and resolution counsel to a safety equipment manufacturer in defense of asbestos, CWP and silica claims pending in various state and federal courts across the country.\u003c/p\u003e","\u003cp\u003eServed as resolution counsel to a\u0026nbsp;\u003cem\u003eFortune\u003c/em\u003e\u0026nbsp;50 company in defense of foreign and domestic claims related to hip and knee implants.\u003c/p\u003e","\u003cp\u003eParticipated in the negotiation and ultimate settlement of the nation\u0026rsquo;s largest sales practice class action involving a Fortune 100 financial services company.\u003c/p\u003e","\u003cp\u003eServed as national coordinating counsel to one of the world\u0026rsquo;s largest pharmaceutical companies in its toxic tort litigation.\u003c/p\u003e"],"recognitions":[{"title":"Listed for Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices","detail":"The Legal 500 United States, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10349}]},"capability_group_id":3},"created_at":"2026-04-14T13:50:00.000Z","updated_at":"2026-04-14T13:50:00.000Z","searchable_text":"Gaudreau{{ FIELD }}{:title=\u0026gt;\"Listed for Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices\", :detail=\u0026gt;\"The Legal 500 United States, 2018\"}{{ FIELD }}Serves as national resolution counsel to an international medical device manufacturer in mesh and IVC filter multidistrict litigations.{{ FIELD }}Serves as resolution counsel to a pharmaceutical company in two separate multidistrict litigations.{{ FIELD }}Served as coordinating and resolution counsel to a safety equipment manufacturer in defense of asbestos, CWP and silica claims pending in various state and federal courts across the country.{{ FIELD }}Served as resolution counsel to a Fortune 50 company in defense of foreign and domestic claims related to hip and knee implants.{{ FIELD }}Participated in the negotiation and ultimate settlement of the nation’s largest sales practice class action involving a Fortune 100 financial services company.{{ FIELD }}Served as national coordinating counsel to one of the world’s largest pharmaceutical companies in its toxic tort litigation.{{ FIELD }}Chip Gaudreau has a broad range of experience defending multinational companies in complex product liability and mass tort litigations across multiple industries, with a particular focus on strategic litigation management and resolution strategies for the pharmaceutical, medical device and healthcare industries. Chip has also worked on national litigations involving automobiles, safety equipment, financial services and toxic torts.\nChip’s main focus is achieving the right outcome for clients in litigation. To that end, he provides all-inclusive strategic litigation management and resolution strategies that are narrowly tailored to clients’ financial needs and ultimate goals. He manages and coordinates large teams in complex national litigation.\nHe routinely designs and implements creative alternative fee arrangements and manages those arrangements during the life of an engagement to avoid surprises and provide predictability in “outside counsel” legal spend. In fact, Chip often works hand-in-hand with his clients and their legal finance departments to provide complete transparency in the level of work being performed and to ensure that expected financial targets are met. Partner Listed for Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices The Legal 500 United States, 2018 Hobart William Smith Colleges  Suffolk University Suffolk University Law School Georgetown University Georgetown University Law Center Massachusetts New York Law Clerk, Hon. Richard K. Eaton, U.S. Court of International Trade Serves as national resolution counsel to an international medical device manufacturer in mesh and IVC filter multidistrict litigations. Serves as resolution counsel to a pharmaceutical company in two separate multidistrict litigations. Served as coordinating and resolution counsel to a safety equipment manufacturer in defense of asbestos, CWP and silica claims pending in various state and federal courts across the country. Served as resolution counsel to a Fortune 50 company in defense of foreign and domestic claims related to hip and knee implants. Participated in the negotiation and ultimate settlement of the nation’s largest sales practice class action involving a Fortune 100 financial services company. Served as national coordinating counsel to one of the world’s largest pharmaceutical companies in its toxic tort litigation.","searchable_name":"Russell Gaudreau III (Chip)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":443890,"version":1,"owner_type":"Person","owner_id":6348,"payload":{"bio":"\u003cp\u003eDale Giali is a litigator who has represented a number of the world's largest multinational corporations in 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.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDale 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),\u0026nbsp;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.\u003c/p\u003e\n\u003cp\u003eDale also routinely counsels businesses on regulations such as California\u0026rsquo;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.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eBenchmark Litigation\u003c/em\u003e 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 \u003cem\u003eThe National Law Journal\u003c/em\u003e as a Litigation Trailblazer. Dale was identified by \u003cem\u003eLaw360\u003c/em\u003e as an MVP in the field of class action litigation in the United States. Dale is consistently recognized in \u003cem\u003eChambers USA\u003c/em\u003e and \u003cem\u003eLegal 500\u003c/em\u003e, including as a \u003cem\u003eLegal 500\u003c/em\u003e \"Leading Individual\" for trade secret misappropriation litigation, and he was named to \u003cem\u003eLegal 500\u003c/em\u003e\u0026rsquo;s \u003cem\u003eHall of Fame for \u003c/em\u003eIntellectual Property: Trade Secrets (Litigation and Non-contentious matters).\u003c/p\u003e","slug":"dale-giali","email":"dgiali@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHusain v. Campbell Soup Company\u003c/em\u003e\u003c/strong\u003e, -- F. Supp. 3d --, 2024 WL 4011959 (N.D. Cal. Sept. 2, 2024) Motion to dismiss consumer class action complaint granted with prejudice in case challenging Kettle Brand Air Fried as being deceptively advertised as not made via deep frying in oil.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTyrnauer v. Ben \u0026amp; Jerry's Homemade, Inc.\u003c/em\u003e\u003c/strong\u003e,\u003cstrong\u003e\u0026nbsp;\u003c/strong\u003e739 F.Supp.3d 246 (D. Vt. 2024) Motion to dismiss granted re nationwide consumer class action complaint alleging false advertising regarding allegations of migrant child labor in dairy farms in Vermont.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eBustamante v. KIND, LLC\u003c/strong\u003e,\u0026nbsp;\u003c/em\u003e100 F.4th 419 (2d Cir. 2024),\u003cem\u003e\u0026nbsp;affirming In re: Kind LLC \u0026ldquo;Healthy and All Natural\u0026rdquo; Litigation\u003c/em\u003e\u003cem\u003e,\u003c/em\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003e627 F. Supp. 3d 269 (S.D.N.Y. 2022). In a precedential decision following nine years of litigation, the Second Circuit\u003cem\u003e\u0026nbsp;\u003c/em\u003eaffirmed summary judgment and striking of plaintiffs\u0026rsquo; \u0026ldquo;natural\u0026rdquo; and consumer behavior experts in false advertising MDL class action challenging healthy, natural and non-GMO statements on the labels of snack products\u003cem\u003e.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eCleveland v. Campbell Soup Co.,\u003c/strong\u003e\u0026nbsp;\u003c/em\u003e647\u0026nbsp;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.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eZurilene v. Dreyer\u0026rsquo;s Grand Ice Cream, Inc\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.,\u003c/em\u003e\u0026nbsp;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 \u0026ldquo;rich milk chocolate.\u0026rdquo; Plaintiff alleged that the use of coconut oil in the chocolate coating of \u0026ldquo;Vanilla Milk Chocolate Ice Cream Bars\u0026rdquo; 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.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eYu v. Dreyer\u0026rsquo;s Grand Ice Cream, Inc\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u003c/em\u003e\u0026nbsp;592 F. Supp. 3d 146 (S.D.N.Y. 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois consumer protection laws regarding Haagen-Dazs ice cream bars labeled \u0026ldquo;rich milk chocolate.\u0026rdquo; Plaintiff alleged that the use of coconut oil in the chocolate coating of the ice cream bars without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff had no private right of action to enforce FDA regulations, and that plaintiff\u0026rsquo;s theory of deception was not plausible because, among other reasons, the coating does contain FDA standard-of-identify chocolate, the label fully discloses the presence of oil in the ingredient list, and the label never suggests that the product does not contain oil.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKamara v. Pepperidge Farm, Inc.\u003c/em\u003e,\u003c/strong\u003e\u0026nbsp;570 F.Supp.3d 69, (S.D.N.Y. 2021) Achieved a complete victory for Pepperidge Farm in a putative nationwide consumer class action under New York consumer protection law. The complaint alleged that Pepperidge\u0026rsquo;s Golden Butter Crackers misled consumers into believing that the product does not include oil. In a 2021 published decision dismissing the complaint with prejudice, the court clarified the principle that false advertising claims must be assessed in context. The court also assessed the plausibility of the complaint\u0026rsquo;s theory of deception against recent Second (Mantikas) and Seventh (Bell) Circuit precedents, and found the complaint deficient. See also\u0026nbsp;\u003cstrong\u003e\u003cem\u003eFloyd v. Pepperidge Farm, Incorporated\u003c/em\u003e\u003c/strong\u003e, -- F. Supp. 3d--, 2022 WL 203071 (S.D. Ill. Jan, 24, 2022).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eChong v. Kind LLC,\u0026nbsp;\u003c/em\u003e\u003c/strong\u003e585 F. Supp. 3d 1215 (N.D. Cal. 2022). Motion to dismiss granted in class action challenging front-of-pack protein claim on plant-based product. Plaintiffs alleged that the quantitative statement was deceptive and contrary to FDA regulations because it wasn\u0026rsquo;t corrected for digestibility. Based on our arguments, court reversed a decision it had made on that same issue in a similar lawsuit just a year before. Court also ruled in favor of our client on Buckman preemption, holding that plaintiffs were not able to enforce FDA regulations under the guise of consumer deception claims.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWong v. The Vons Companies, Inc.\u003c/em\u003e\u003c/strong\u003e, 2020 WL 5632305 (Alameda County Super. Ct. (Cal.) Sept. 14, 2020) \u0026amp; 2020 WL 6161875 (Alameda County Super. Ct. (Cal.) Oct. 13, 2020). Certification denied in consumer class action challenging label statement on fresh poultry products. Decision affirmed on appeal in unanimous opinion. 2022 WL 1210445 (Cal. Ct. App. Apr. 25, 2022).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCheslow v. Ghirardelli Chocolate Co\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.,\u0026nbsp;\u003c/em\u003e472 F.Supp.3d 686 (N.D. Cal. 2020) \u0026amp; 445 F.Supp.3d 8 (N.D. Cal. 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white chips product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003ePrescott v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u0026nbsp;\u003c/em\u003e2020 WL 3035798 (N.D. Cal. June 4, 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white morsels product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMacedonia Distributing, Inc. v. S-L Distribution Co., LLC\u003c/em\u003e\u003c/strong\u003e, 2020 WL 610702 (C.D. Cal. Feb. 7, 2020). Certification denied in distributor class action alleging underpayment for distribution businesses.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003ePorath v. Logitech, Inc\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u003c/em\u003e, 2019 WL 6134936 (N.D. Cal. Nov. 18, 2019). Certification denied in consumer class action challenging labeling and advertising of electronics product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParker v. Logitech, Inc.\u003c/em\u003e\u003c/strong\u003e, 2017 WL 4701044 (Cal. Super., Alameda County Oct. 18, 2017). Certification denied in consumer class action challenging labeling and advertising of electronics product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003ePelayo v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, 989 F. Supp. 2d 973 (C.D. Cal. 2013). Defended Buitoni brand of products in case challenging \u0026ldquo;natural\u0026rdquo; label statements. Case dismissed with prejudice at the pleading stage. The court ruled that the plaintiff failed to offer an objective or plausible definition of the allegedly-deceptive phrase \u0026ldquo;all natural,\u0026rdquo; stating that \u0026ldquo;the reasonable consumer is aware that Buitoni pastas are not \u0026lsquo;springing fully formed from ravioli trees and tortellini bushes.\u0026rsquo;\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eShin v. Campbell Soup\u003c/em\u003e, No. 17-1082 (C.D. Cal.).\u0026nbsp;\u003c/strong\u003eSecured a victory for Campbell Soup when a federal judge in the Central District of California dismissed a false advertising consumer class action complaint alleging that labeling of less sodium and fat-free products was deceptive. The court ruled that plaintiffs\u0026rsquo; theory of deception was not plausible because the challenged statements were accurate and were not likely to mislead a reasonable consumer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eLucido v. Nestl\u0026eacute; Purina Petcare Company\u003c/em\u003e\u003c/strong\u003e, 217 F.Supp.3d 1098 (N.D. Cal. 2016). Successfully moved for summary judgment and to strike plaintiffs\u0026rsquo; experts in a consumer class action alleging that Purina failed to disclose that Beneful dog food was harmful. The court ruled that plaintiffs\u0026rsquo; case was entirely dependent on their experts\u0026rsquo; opinions, but the opinions were unreliable and inadmissible. Accordingly, plaintiffs\u0026rsquo; case had no evidentiary support and could not proceed.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKane v. Chobani LLC\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u003c/em\u003e645 Fed. App\u0026rsquo;x. 593 (9th Cir. 2016);\u0026nbsp;\u003cem\u003esee also\u0026nbsp;\u003c/em\u003e973 F. Supp. 2d 1120 (N.D. Cal. 2014), 2013 WL 5289253 (N.D. Cal. Sept. 19, 2013), and 2013 WL 3776172 (N.D. Cal. July 15, 2013). Defense of a putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Greek yogurt products marketed as containing \u0026ldquo;only natural ingredients\u0026rdquo; and listing \u0026ldquo;evaporated cane juice\u0026rdquo; as an ingredient. A motion to dismiss was granted. 2013 WL 5289253. The plaintiffs\u0026rsquo; motion for preliminary injunction was denied. 2013 WL 3776172. A motion to disqualify the plaintiffs\u0026rsquo; expert was granted. 2013 WL 3991107. After a third amended complaint, a second motion to dismiss was granted with prejudice. 2014 WL 657300. The Ninth Circuit then stayed the case.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWysong Corp. v. APN, Inc.\u003c/em\u003e\u003c/strong\u003e, 889 F.3d 267 (6th Cir. 2018). Secured a victory for Nestl\u0026eacute; Purina Petcare Company when a federal judge in the Eastern District of Michigan dismissed with prejudice a Lanham Act complaint alleging that using realistic images of meat and vegetables on pet food labels was deceptive. The court ruled that plaintiff\u0026rsquo;s theory of deception was not plausible because the challenged label images, especially when considered in context, were not false and were not likely to mislead a reasonable consumer. Significantly, the court denied further amendments and entered judgment in favor of our client.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re KIND LLC \u0026ldquo;Healthy and All Natural\u0026rdquo; Litigation\u003c/em\u003e\u003c/strong\u003e, 209 F. Supp. 3d 689 (S.D.N.Y. Sept. 15, 2016). Secured a ground-breaking victory for KIND snack bars when a federal judge in the Southern District of New York dismissed claims in an MDL consumer class action challenging KIND\u0026rsquo;s \u0026ldquo;healthy\u0026rdquo; labeling and stayed claims challenging \u0026ldquo;natural\u0026rdquo; labeling pending FDA\u0026rsquo;s consideration of the issue.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCerreta v. Laclede, Inc\u003c/em\u003e\u003c/strong\u003e., No. 14-8066 (C.D. Cal.) (removed from L.A. Sup. Ct.). Defending consumer packaged goods company in nationwide consumer class action alleging false advertising under California consumer protection law regarding \u0026ldquo;natural\u0026rdquo; labeling of personal care products.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGreenberg v. Galderma Laboratories\u003c/em\u003e\u003c/strong\u003e, L.P., No. 3:16cv6090 (N.D. Cal.). Defended personal care product company against allegations of false advertising re label statements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMagier v. Tribe Mediterranean Foods, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 1:15cv5781 (S.D.N.Y.). Defended manufacturer of hummus against claims of false advertising relating to \u0026ldquo;natural\u0026rdquo; label statements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eRhinerson v. Van\u0026rsquo;s International Foods\u0026nbsp;\u003c/em\u003e,\u003c/strong\u003eNo. 3:13cv9523 (N.D. Cal.). Defended frozen waffle manufacturer against putative nationwide consumer class action challenging the \u0026ldquo;natural\u0026rdquo; labeling of the products.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBackus v. Nestl\u0026eacute; USA, Inc\u003c/em\u003e.\u003c/strong\u003e, 167 F. Supp. 3d 1068 (N.D. Cal. 2016). Secured a ground-breaking victory for Nestl\u0026eacute; USA and its iconic Coffee-mate brand when a federal judge in the Northern District of California dismissed with prejudice a consumer class action complaint. Plaintiffs alleged that Nestl\u0026eacute;\u0026rsquo;s mere use of partially hydrogenated oil in Coffee-mate was unlawful, and that labeling statements touting the product as having \u0026ldquo;0g Trans Fat\u0026rdquo; was misleading. The court ruled that plaintiff\u0026rsquo;s \u0026lsquo;use\u0026rsquo; theory was an obstacle to federal law and therefore preempted, and that plaintiff\u0026rsquo;s false advertising theory, which attempted to impose labeling requirements not identical to federal law was expressly preempted.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWorkman v. Plum PBC\u003c/em\u003e\u003c/strong\u003e, 141 F. Supp. 3d 1032 (N.D. Cal. 2015). Secured a victory for Campbell Soup and its subsidiary Plum Organics when a federal judge in the Northern District of California dismissed with prejudice a false advertising consumer class action complaint alleging that food labeling was deceptive. The court ruled that plaintiffs\u0026rsquo; theory of deception was not plausible because the labels were not false and were not likely to mislead a reasonable consumer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eRoss v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 1:16-cv-09563 (S.D.N.Y.). Defended Lean Cuisine products against false advertising claims relating to \u0026ldquo;no preservatives\u0026rdquo; label statement and the presence of citric acid in products.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAstiana v. Dreyer\u0026rsquo;s Grand Ice Cream\u003c/em\u003e\u003c/strong\u003e, No. 11-2910 (N.D. Cal.). Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to H\u0026auml;agen-Dazs and Dreyer\u0026rsquo;s ice cream products labeled \u0026ldquo;All Natural.\u0026rdquo; This case was consolidated with the copy-cat case Rutledge-Muhs v. Dreyer\u0026rsquo;s Grand Ice Cream. The action was dismissed with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStoltz v. Chobani, LLC\u003c/em\u003e\u003c/strong\u003e, No. 1:14cv3827 (E.D.N.Y.). Defended nationwide consumer class action alleging false advertising of Greek Yogurt products, marketed as \u0026ldquo;Greek Yogurt,\u0026rdquo; \u0026ldquo;0%,\u0026rdquo; \u0026ldquo;evaporated cane juice,\u0026rdquo; and natural and healthy.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eChavez v. Nestl\u0026eacute; USA\u003c/em\u003e\u003c/strong\u003e, No. 09-9192 (C.D. Cal.). Defended putative nationwide consumer class action against Nestl\u0026eacute; USA alleging false advertising under California consumer protection laws with respect to juice products marketed as supporting brain development, immunity and digestive health. Case dismissed following three successive, successful motions to dismiss (2011 WL 10565797 (C.D. Cal. Jan. 10, 2011), 2011 WL 2150128 (C.D. Cal. May 19, 2011)). Judgment in defendant\u0026rsquo;s favor affirmed in part and reversed in part. 511 Fed. App\u0026rsquo;x. 606 (9th Cir. 2013).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIbarrola v. KIND LLC\u003c/em\u003e\u003c/strong\u003e, 83 F. Supp. 3d 751 (N.D. Ill. 2014). Secured a complete victory for client KIND LLC in the Northern District of Illinois when Judge Sara Ellis dismissed a putative nationwide consumer class action premised on allegations that KIND deceived consumers by including a \u0026ldquo;No Refined Sugars\u0026rdquo; statement on the label of snack foods. Judge Ellis granted KIND\u0026rsquo;s motion to dismiss an amended complaint with prejudice, holding that plaintiff failed to allege a plausible theory of deception.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBoyle v. KIND LLC\u003c/em\u003e\u003c/strong\u003e, No. 1:13cv8365 (S.D.N.Y). Defended nationwide consumer class action challenging the labeling of snack bar products as insinuating that consuming the products will not lead to weight gain and that the product is better-for-you product. Also defended copy-cat, follow-on action\u0026nbsp;\u003cem\u003eBailey v. KIND LLC\u003c/em\u003e, No. 8:16cv168(C.D. Cal.).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTrazo v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 5:12cv2272 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Coffee-mate powder products marketed as \u0026ldquo;0g trans fat.\u0026rdquo; This case is notable for the scope of its predecessor case at filing\u0026mdash;challenging an open-ended number of the products of a major food manufacturer. The broadside attack featured multiple misbranding allegations on diverse labeling statements. Of special significance, we dealt a massive blow when its separate and innovative motion to strike the plaintiffs' class allegations\u0026mdash;at the pleading stage\u0026mdash;was granted. 201 WL 4083218 (N.D. Cal. Aug. 9, 2013). The challenged products were subsequently reduced from \u0026ldquo;open-ended\u0026rdquo; to four and the misbranding theories have been reduced from nine to four.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBelli II v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 5:14cv283 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Eskimo Pie products marketed as \u0026ldquo;No Sugar Added.\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Gerber Probiotic Sales Practices Litigation\u003c/em\u003e\u003c/strong\u003e, No. 12-835 (D. N.J.). Defended Gerber in ten-case consolidated nationwide consumer class action alleging false advertising under consumer protection and warranty laws of multiple states with respect to baby formula and cereal products labeled as containing immune-supporting probiotics, digestion-supporting prebiotics, and brain and eye development-supporting DHA. Motions to consolidate cases granted.\u0026nbsp;\u003cem\u003eBurns v. Gerber Prods. Co\u003c/em\u003e., 922 F.Supp.2d 1168 (E.D. Wash. 2013);\u0026nbsp;\u003cem\u003eHawkins v. Gerber\u003c/em\u003e\u003cem\u003e\u0026nbsp;Prods. Co., 924 F.Supp.2d 1208 (S.D. Cal. 2013).\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eReilly v. Amy\u0026rsquo;s Kitchen\u0026nbsp;\u003c/em\u003e\u003c/strong\u003e, 2 F. Supp. 3d 1300 (S.D. Fla. 2014);\u0026nbsp;\u003cem\u003esee also\u0026nbsp;\u003c/em\u003e2014 WL 905441 (S.D. Fla. Mar. 7, 2014) Defended against putative Florida consumer class action alleging false advertising under Florida consumer protection laws with respect to food products containing the ingredient \u0026ldquo;evaporated cane juice.\u0026rdquo; A federal judge first denied plaintiff\u0026rsquo;s request to reinstate claims over 57 products that the named plaintiff never purchased. The court then dismissed the case on jurisdictional grounds because the amount at issue for the three products the named plaintiff did purchase fell below the Class Action Fairness Act amount in controversy requirement.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eFigy v. Amy\u0026rsquo;s Kitchen, Inc\u003c/em\u003e\u003c/strong\u003e., 2 F. Supp. 3d 1300 (N.D. Cal. 2014). Defended against putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to food products containing the ingredient \u0026ldquo;evaporated cane juice.\u0026rdquo; A federal judge dismissed action without leave to amend based on primary jurisdiction of FDA (later converted to stay).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSimpson v. California Pizza Kitchen\u003c/em\u003e\u003c/strong\u003e, 989 F. Supp. 2d 1015 (S.D. Cal. 2013), 2013, 2013 WL 5718479 (S.D. Cal Oct. 1, 2013). Defended a putative nationwide consumer class action against several frozen pizza brands owned by Nestl\u0026eacute; USA and California Pizza Kitchen alleging violation of California's Unfair Competition Law and statutory nuisance law. This was a bellwether case. Using the class action vehicle, plaintiffs sought to impose an unprecedented judicial ban on artificial trans fats in frozen pizza products. Any success could have \u0026ldquo;opened the floodgates\u0026rdquo; to numerous other cases seeking to ban individual ingredients. A motion to dismiss was granted as to the entire complaint, with prejudice and without leave to amend.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBrower v. Campbell Soup Company\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u0026nbsp;\u003c/em\u003e243 F. Supp. 3d 1124, 2017 WL 1063470 (S.D. Cal. Mar. 21, 2017). Obtained a dismissal with prejudice for Campbell Soup in a consumer class challenging the labels of Chunky Healthy Request soup products. The court ruled that plaintiffs\u0026rsquo; state-law false advertising claims are preempted by the federal Poultry Products Inspection Act and the Federal Meat Inspection Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBell v. Campbell Soup Co.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u0026nbsp;\u003c/em\u003e65 F. Supp. 3d 1328 (N.D. Fla. 2014). Secured victory for Campbell Soup when a federal judge in Florida dismissed with prejudice an amended consumer class action complaint in an action that initially had challenged the labeling of more than 50 products from multiple product lines under Campbell\u0026rsquo;s iconic V8 brand. The court ruled that plaintiffs\u0026rsquo; amended claims (following an initial motion to dismiss) were expressly preempted as attempting to impose state-law labeling requirements that were not identical to federal labeling law and that Campbell\u0026rsquo;s labels complied with the federal requirements \u0026ldquo;to the letter.\u0026rdquo;\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":21,"guid":"21.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":2,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":3,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":4,"source":"smartTags"},{"id":1409,"guid":"1409.smart_tags","index":5,"source":"smartTags"}],"is_active":true,"last_name":"Giali","nick_name":"Dale","clerkships":[],"first_name":"Dale","title_rank":9999,"updated_by":32,"law_schools":[{"id":2377,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"1990-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Earns Top-Tier Rankings","detail":"Legal 500, 2024"},{"title":"Earns 198 Lawyer Rankings, 90 Practice Group Rankings","detail":"Chambers USA Guide, 2024"},{"title":"Named Client Service All-Stars","detail":"BTI Consulting, 2024"},{"title":"Recognized 186 K\u0026S Lawyers and 84 K\u0026S Practice Groups as Leaders in Their Fields","detail":"Chambers USA, 2023"},{"title":"Named Client Service All-Stars","detail":"BTI Consulting, 2023"},{"title":"Earns Top-Tier Rankings","detail":"Legal 500, 2023"},{"title":"Named Litigation Star \u0026 Local Litigation Star (Class Actions)","detail":"Benchmark Litigation, 2018-2022"},{"title":"Hall of Fame - Intellectual Property: Trade Secrets (Litigation and Non-contentious matters)","detail":"Legal 500, 2020"},{"title":"Named Litigation Trailblazer","detail":"National Law Journal, 2017"}],"linked_in_url":"https://www.linkedin.com/in/dale-giali-972785/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDale Giali is a litigator who has represented a number of the world's largest multinational corporations in 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.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDale 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),\u0026nbsp;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.\u003c/p\u003e\n\u003cp\u003eDale also routinely counsels businesses on regulations such as California\u0026rsquo;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.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eBenchmark Litigation\u003c/em\u003e 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 \u003cem\u003eThe National Law Journal\u003c/em\u003e as a Litigation Trailblazer. Dale was identified by \u003cem\u003eLaw360\u003c/em\u003e as an MVP in the field of class action litigation in the United States. Dale is consistently recognized in \u003cem\u003eChambers USA\u003c/em\u003e and \u003cem\u003eLegal 500\u003c/em\u003e, including as a \u003cem\u003eLegal 500\u003c/em\u003e \"Leading Individual\" for trade secret misappropriation litigation, and he was named to \u003cem\u003eLegal 500\u003c/em\u003e\u0026rsquo;s \u003cem\u003eHall of Fame for \u003c/em\u003eIntellectual Property: Trade Secrets (Litigation and Non-contentious matters).\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHusain v. Campbell Soup Company\u003c/em\u003e\u003c/strong\u003e, -- F. Supp. 3d --, 2024 WL 4011959 (N.D. Cal. Sept. 2, 2024) Motion to dismiss consumer class action complaint granted with prejudice in case challenging Kettle Brand Air Fried as being deceptively advertised as not made via deep frying in oil.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTyrnauer v. Ben \u0026amp; Jerry's Homemade, Inc.\u003c/em\u003e\u003c/strong\u003e,\u003cstrong\u003e\u0026nbsp;\u003c/strong\u003e739 F.Supp.3d 246 (D. Vt. 2024) Motion to dismiss granted re nationwide consumer class action complaint alleging false advertising regarding allegations of migrant child labor in dairy farms in Vermont.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eBustamante v. KIND, LLC\u003c/strong\u003e,\u0026nbsp;\u003c/em\u003e100 F.4th 419 (2d Cir. 2024),\u003cem\u003e\u0026nbsp;affirming In re: Kind LLC \u0026ldquo;Healthy and All Natural\u0026rdquo; Litigation\u003c/em\u003e\u003cem\u003e,\u003c/em\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003e627 F. Supp. 3d 269 (S.D.N.Y. 2022). In a precedential decision following nine years of litigation, the Second Circuit\u003cem\u003e\u0026nbsp;\u003c/em\u003eaffirmed summary judgment and striking of plaintiffs\u0026rsquo; \u0026ldquo;natural\u0026rdquo; and consumer behavior experts in false advertising MDL class action challenging healthy, natural and non-GMO statements on the labels of snack products\u003cem\u003e.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eCleveland v. Campbell Soup Co.,\u003c/strong\u003e\u0026nbsp;\u003c/em\u003e647\u0026nbsp;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.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eZurilene v. Dreyer\u0026rsquo;s Grand Ice Cream, Inc\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.,\u003c/em\u003e\u0026nbsp;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 \u0026ldquo;rich milk chocolate.\u0026rdquo; Plaintiff alleged that the use of coconut oil in the chocolate coating of \u0026ldquo;Vanilla Milk Chocolate Ice Cream Bars\u0026rdquo; 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.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eYu v. Dreyer\u0026rsquo;s Grand Ice Cream, Inc\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u003c/em\u003e\u0026nbsp;592 F. Supp. 3d 146 (S.D.N.Y. 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois consumer protection laws regarding Haagen-Dazs ice cream bars labeled \u0026ldquo;rich milk chocolate.\u0026rdquo; Plaintiff alleged that the use of coconut oil in the chocolate coating of the ice cream bars without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff had no private right of action to enforce FDA regulations, and that plaintiff\u0026rsquo;s theory of deception was not plausible because, among other reasons, the coating does contain FDA standard-of-identify chocolate, the label fully discloses the presence of oil in the ingredient list, and the label never suggests that the product does not contain oil.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKamara v. Pepperidge Farm, Inc.\u003c/em\u003e,\u003c/strong\u003e\u0026nbsp;570 F.Supp.3d 69, (S.D.N.Y. 2021) Achieved a complete victory for Pepperidge Farm in a putative nationwide consumer class action under New York consumer protection law. The complaint alleged that Pepperidge\u0026rsquo;s Golden Butter Crackers misled consumers into believing that the product does not include oil. In a 2021 published decision dismissing the complaint with prejudice, the court clarified the principle that false advertising claims must be assessed in context. The court also assessed the plausibility of the complaint\u0026rsquo;s theory of deception against recent Second (Mantikas) and Seventh (Bell) Circuit precedents, and found the complaint deficient. See also\u0026nbsp;\u003cstrong\u003e\u003cem\u003eFloyd v. Pepperidge Farm, Incorporated\u003c/em\u003e\u003c/strong\u003e, -- F. Supp. 3d--, 2022 WL 203071 (S.D. Ill. Jan, 24, 2022).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eChong v. Kind LLC,\u0026nbsp;\u003c/em\u003e\u003c/strong\u003e585 F. Supp. 3d 1215 (N.D. Cal. 2022). Motion to dismiss granted in class action challenging front-of-pack protein claim on plant-based product. Plaintiffs alleged that the quantitative statement was deceptive and contrary to FDA regulations because it wasn\u0026rsquo;t corrected for digestibility. Based on our arguments, court reversed a decision it had made on that same issue in a similar lawsuit just a year before. Court also ruled in favor of our client on Buckman preemption, holding that plaintiffs were not able to enforce FDA regulations under the guise of consumer deception claims.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWong v. The Vons Companies, Inc.\u003c/em\u003e\u003c/strong\u003e, 2020 WL 5632305 (Alameda County Super. Ct. (Cal.) Sept. 14, 2020) \u0026amp; 2020 WL 6161875 (Alameda County Super. Ct. (Cal.) Oct. 13, 2020). Certification denied in consumer class action challenging label statement on fresh poultry products. Decision affirmed on appeal in unanimous opinion. 2022 WL 1210445 (Cal. Ct. App. Apr. 25, 2022).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCheslow v. Ghirardelli Chocolate Co\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.,\u0026nbsp;\u003c/em\u003e472 F.Supp.3d 686 (N.D. Cal. 2020) \u0026amp; 445 F.Supp.3d 8 (N.D. Cal. 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white chips product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003ePrescott v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u0026nbsp;\u003c/em\u003e2020 WL 3035798 (N.D. Cal. June 4, 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white morsels product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMacedonia Distributing, Inc. v. S-L Distribution Co., LLC\u003c/em\u003e\u003c/strong\u003e, 2020 WL 610702 (C.D. Cal. Feb. 7, 2020). Certification denied in distributor class action alleging underpayment for distribution businesses.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003ePorath v. Logitech, Inc\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u003c/em\u003e, 2019 WL 6134936 (N.D. Cal. Nov. 18, 2019). Certification denied in consumer class action challenging labeling and advertising of electronics product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParker v. Logitech, Inc.\u003c/em\u003e\u003c/strong\u003e, 2017 WL 4701044 (Cal. Super., Alameda County Oct. 18, 2017). Certification denied in consumer class action challenging labeling and advertising of electronics product.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003ePelayo v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, 989 F. Supp. 2d 973 (C.D. Cal. 2013). Defended Buitoni brand of products in case challenging \u0026ldquo;natural\u0026rdquo; label statements. Case dismissed with prejudice at the pleading stage. The court ruled that the plaintiff failed to offer an objective or plausible definition of the allegedly-deceptive phrase \u0026ldquo;all natural,\u0026rdquo; stating that \u0026ldquo;the reasonable consumer is aware that Buitoni pastas are not \u0026lsquo;springing fully formed from ravioli trees and tortellini bushes.\u0026rsquo;\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eShin v. Campbell Soup\u003c/em\u003e, No. 17-1082 (C.D. Cal.).\u0026nbsp;\u003c/strong\u003eSecured a victory for Campbell Soup when a federal judge in the Central District of California dismissed a false advertising consumer class action complaint alleging that labeling of less sodium and fat-free products was deceptive. The court ruled that plaintiffs\u0026rsquo; theory of deception was not plausible because the challenged statements were accurate and were not likely to mislead a reasonable consumer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eLucido v. Nestl\u0026eacute; Purina Petcare Company\u003c/em\u003e\u003c/strong\u003e, 217 F.Supp.3d 1098 (N.D. Cal. 2016). Successfully moved for summary judgment and to strike plaintiffs\u0026rsquo; experts in a consumer class action alleging that Purina failed to disclose that Beneful dog food was harmful. The court ruled that plaintiffs\u0026rsquo; case was entirely dependent on their experts\u0026rsquo; opinions, but the opinions were unreliable and inadmissible. Accordingly, plaintiffs\u0026rsquo; case had no evidentiary support and could not proceed.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKane v. Chobani LLC\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u003c/em\u003e645 Fed. App\u0026rsquo;x. 593 (9th Cir. 2016);\u0026nbsp;\u003cem\u003esee also\u0026nbsp;\u003c/em\u003e973 F. Supp. 2d 1120 (N.D. Cal. 2014), 2013 WL 5289253 (N.D. Cal. Sept. 19, 2013), and 2013 WL 3776172 (N.D. Cal. July 15, 2013). Defense of a putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Greek yogurt products marketed as containing \u0026ldquo;only natural ingredients\u0026rdquo; and listing \u0026ldquo;evaporated cane juice\u0026rdquo; as an ingredient. A motion to dismiss was granted. 2013 WL 5289253. The plaintiffs\u0026rsquo; motion for preliminary injunction was denied. 2013 WL 3776172. A motion to disqualify the plaintiffs\u0026rsquo; expert was granted. 2013 WL 3991107. After a third amended complaint, a second motion to dismiss was granted with prejudice. 2014 WL 657300. The Ninth Circuit then stayed the case.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWysong Corp. v. APN, Inc.\u003c/em\u003e\u003c/strong\u003e, 889 F.3d 267 (6th Cir. 2018). Secured a victory for Nestl\u0026eacute; Purina Petcare Company when a federal judge in the Eastern District of Michigan dismissed with prejudice a Lanham Act complaint alleging that using realistic images of meat and vegetables on pet food labels was deceptive. The court ruled that plaintiff\u0026rsquo;s theory of deception was not plausible because the challenged label images, especially when considered in context, were not false and were not likely to mislead a reasonable consumer. Significantly, the court denied further amendments and entered judgment in favor of our client.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re KIND LLC \u0026ldquo;Healthy and All Natural\u0026rdquo; Litigation\u003c/em\u003e\u003c/strong\u003e, 209 F. Supp. 3d 689 (S.D.N.Y. Sept. 15, 2016). Secured a ground-breaking victory for KIND snack bars when a federal judge in the Southern District of New York dismissed claims in an MDL consumer class action challenging KIND\u0026rsquo;s \u0026ldquo;healthy\u0026rdquo; labeling and stayed claims challenging \u0026ldquo;natural\u0026rdquo; labeling pending FDA\u0026rsquo;s consideration of the issue.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCerreta v. Laclede, Inc\u003c/em\u003e\u003c/strong\u003e., No. 14-8066 (C.D. Cal.) (removed from L.A. Sup. Ct.). Defending consumer packaged goods company in nationwide consumer class action alleging false advertising under California consumer protection law regarding \u0026ldquo;natural\u0026rdquo; labeling of personal care products.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGreenberg v. Galderma Laboratories\u003c/em\u003e\u003c/strong\u003e, L.P., No. 3:16cv6090 (N.D. Cal.). Defended personal care product company against allegations of false advertising re label statements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMagier v. Tribe Mediterranean Foods, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 1:15cv5781 (S.D.N.Y.). Defended manufacturer of hummus against claims of false advertising relating to \u0026ldquo;natural\u0026rdquo; label statements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eRhinerson v. Van\u0026rsquo;s International Foods\u0026nbsp;\u003c/em\u003e,\u003c/strong\u003eNo. 3:13cv9523 (N.D. Cal.). Defended frozen waffle manufacturer against putative nationwide consumer class action challenging the \u0026ldquo;natural\u0026rdquo; labeling of the products.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBackus v. Nestl\u0026eacute; USA, Inc\u003c/em\u003e.\u003c/strong\u003e, 167 F. Supp. 3d 1068 (N.D. Cal. 2016). Secured a ground-breaking victory for Nestl\u0026eacute; USA and its iconic Coffee-mate brand when a federal judge in the Northern District of California dismissed with prejudice a consumer class action complaint. Plaintiffs alleged that Nestl\u0026eacute;\u0026rsquo;s mere use of partially hydrogenated oil in Coffee-mate was unlawful, and that labeling statements touting the product as having \u0026ldquo;0g Trans Fat\u0026rdquo; was misleading. The court ruled that plaintiff\u0026rsquo;s \u0026lsquo;use\u0026rsquo; theory was an obstacle to federal law and therefore preempted, and that plaintiff\u0026rsquo;s false advertising theory, which attempted to impose labeling requirements not identical to federal law was expressly preempted.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWorkman v. Plum PBC\u003c/em\u003e\u003c/strong\u003e, 141 F. Supp. 3d 1032 (N.D. Cal. 2015). Secured a victory for Campbell Soup and its subsidiary Plum Organics when a federal judge in the Northern District of California dismissed with prejudice a false advertising consumer class action complaint alleging that food labeling was deceptive. The court ruled that plaintiffs\u0026rsquo; theory of deception was not plausible because the labels were not false and were not likely to mislead a reasonable consumer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eRoss v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 1:16-cv-09563 (S.D.N.Y.). Defended Lean Cuisine products against false advertising claims relating to \u0026ldquo;no preservatives\u0026rdquo; label statement and the presence of citric acid in products.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAstiana v. Dreyer\u0026rsquo;s Grand Ice Cream\u003c/em\u003e\u003c/strong\u003e, No. 11-2910 (N.D. Cal.). Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to H\u0026auml;agen-Dazs and Dreyer\u0026rsquo;s ice cream products labeled \u0026ldquo;All Natural.\u0026rdquo; This case was consolidated with the copy-cat case Rutledge-Muhs v. Dreyer\u0026rsquo;s Grand Ice Cream. The action was dismissed with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStoltz v. Chobani, LLC\u003c/em\u003e\u003c/strong\u003e, No. 1:14cv3827 (E.D.N.Y.). Defended nationwide consumer class action alleging false advertising of Greek Yogurt products, marketed as \u0026ldquo;Greek Yogurt,\u0026rdquo; \u0026ldquo;0%,\u0026rdquo; \u0026ldquo;evaporated cane juice,\u0026rdquo; and natural and healthy.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eChavez v. Nestl\u0026eacute; USA\u003c/em\u003e\u003c/strong\u003e, No. 09-9192 (C.D. Cal.). Defended putative nationwide consumer class action against Nestl\u0026eacute; USA alleging false advertising under California consumer protection laws with respect to juice products marketed as supporting brain development, immunity and digestive health. Case dismissed following three successive, successful motions to dismiss (2011 WL 10565797 (C.D. Cal. Jan. 10, 2011), 2011 WL 2150128 (C.D. Cal. May 19, 2011)). Judgment in defendant\u0026rsquo;s favor affirmed in part and reversed in part. 511 Fed. App\u0026rsquo;x. 606 (9th Cir. 2013).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIbarrola v. KIND LLC\u003c/em\u003e\u003c/strong\u003e, 83 F. Supp. 3d 751 (N.D. Ill. 2014). Secured a complete victory for client KIND LLC in the Northern District of Illinois when Judge Sara Ellis dismissed a putative nationwide consumer class action premised on allegations that KIND deceived consumers by including a \u0026ldquo;No Refined Sugars\u0026rdquo; statement on the label of snack foods. Judge Ellis granted KIND\u0026rsquo;s motion to dismiss an amended complaint with prejudice, holding that plaintiff failed to allege a plausible theory of deception.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBoyle v. KIND LLC\u003c/em\u003e\u003c/strong\u003e, No. 1:13cv8365 (S.D.N.Y). Defended nationwide consumer class action challenging the labeling of snack bar products as insinuating that consuming the products will not lead to weight gain and that the product is better-for-you product. Also defended copy-cat, follow-on action\u0026nbsp;\u003cem\u003eBailey v. KIND LLC\u003c/em\u003e, No. 8:16cv168(C.D. Cal.).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTrazo v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 5:12cv2272 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Coffee-mate powder products marketed as \u0026ldquo;0g trans fat.\u0026rdquo; This case is notable for the scope of its predecessor case at filing\u0026mdash;challenging an open-ended number of the products of a major food manufacturer. The broadside attack featured multiple misbranding allegations on diverse labeling statements. Of special significance, we dealt a massive blow when its separate and innovative motion to strike the plaintiffs' class allegations\u0026mdash;at the pleading stage\u0026mdash;was granted. 201 WL 4083218 (N.D. Cal. Aug. 9, 2013). The challenged products were subsequently reduced from \u0026ldquo;open-ended\u0026rdquo; to four and the misbranding theories have been reduced from nine to four.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBelli II v. Nestl\u0026eacute; USA, Inc.\u003c/em\u003e\u003c/strong\u003e, No. 5:14cv283 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Eskimo Pie products marketed as \u0026ldquo;No Sugar Added.\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Gerber Probiotic Sales Practices Litigation\u003c/em\u003e\u003c/strong\u003e, No. 12-835 (D. N.J.). Defended Gerber in ten-case consolidated nationwide consumer class action alleging false advertising under consumer protection and warranty laws of multiple states with respect to baby formula and cereal products labeled as containing immune-supporting probiotics, digestion-supporting prebiotics, and brain and eye development-supporting DHA. Motions to consolidate cases granted.\u0026nbsp;\u003cem\u003eBurns v. Gerber Prods. Co\u003c/em\u003e., 922 F.Supp.2d 1168 (E.D. Wash. 2013);\u0026nbsp;\u003cem\u003eHawkins v. Gerber\u003c/em\u003e\u003cem\u003e\u0026nbsp;Prods. Co., 924 F.Supp.2d 1208 (S.D. Cal. 2013).\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eReilly v. Amy\u0026rsquo;s Kitchen\u0026nbsp;\u003c/em\u003e\u003c/strong\u003e, 2 F. Supp. 3d 1300 (S.D. Fla. 2014);\u0026nbsp;\u003cem\u003esee also\u0026nbsp;\u003c/em\u003e2014 WL 905441 (S.D. Fla. Mar. 7, 2014) Defended against putative Florida consumer class action alleging false advertising under Florida consumer protection laws with respect to food products containing the ingredient \u0026ldquo;evaporated cane juice.\u0026rdquo; A federal judge first denied plaintiff\u0026rsquo;s request to reinstate claims over 57 products that the named plaintiff never purchased. The court then dismissed the case on jurisdictional grounds because the amount at issue for the three products the named plaintiff did purchase fell below the Class Action Fairness Act amount in controversy requirement.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eFigy v. Amy\u0026rsquo;s Kitchen, Inc\u003c/em\u003e\u003c/strong\u003e., 2 F. Supp. 3d 1300 (N.D. Cal. 2014). Defended against putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to food products containing the ingredient \u0026ldquo;evaporated cane juice.\u0026rdquo; A federal judge dismissed action without leave to amend based on primary jurisdiction of FDA (later converted to stay).\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSimpson v. California Pizza Kitchen\u003c/em\u003e\u003c/strong\u003e, 989 F. Supp. 2d 1015 (S.D. Cal. 2013), 2013, 2013 WL 5718479 (S.D. Cal Oct. 1, 2013). Defended a putative nationwide consumer class action against several frozen pizza brands owned by Nestl\u0026eacute; USA and California Pizza Kitchen alleging violation of California's Unfair Competition Law and statutory nuisance law. This was a bellwether case. Using the class action vehicle, plaintiffs sought to impose an unprecedented judicial ban on artificial trans fats in frozen pizza products. Any success could have \u0026ldquo;opened the floodgates\u0026rdquo; to numerous other cases seeking to ban individual ingredients. A motion to dismiss was granted as to the entire complaint, with prejudice and without leave to amend.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBrower v. Campbell Soup Company\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u0026nbsp;\u003c/em\u003e243 F. Supp. 3d 1124, 2017 WL 1063470 (S.D. Cal. Mar. 21, 2017). Obtained a dismissal with prejudice for Campbell Soup in a consumer class challenging the labels of Chunky Healthy Request soup products. The court ruled that plaintiffs\u0026rsquo; state-law false advertising claims are preempted by the federal Poultry Products Inspection Act and the Federal Meat Inspection Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBell v. Campbell Soup Co.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e,\u0026nbsp;\u003c/em\u003e65 F. Supp. 3d 1328 (N.D. Fla. 2014). Secured victory for Campbell Soup when a federal judge in Florida dismissed with prejudice an amended consumer class action complaint in an action that initially had challenged the labeling of more than 50 products from multiple product lines under Campbell\u0026rsquo;s iconic V8 brand. The court ruled that plaintiffs\u0026rsquo; amended claims (following an initial motion to dismiss) were expressly preempted as attempting to impose state-law labeling requirements that were not identical to federal labeling law and that Campbell\u0026rsquo;s labels complied with the federal requirements \u0026ldquo;to the letter.\u0026rdquo;\u003c/p\u003e"],"recognitions":[{"title":"Earns Top-Tier Rankings","detail":"Legal 500, 2024"},{"title":"Earns 198 Lawyer Rankings, 90 Practice Group Rankings","detail":"Chambers USA Guide, 2024"},{"title":"Named Client Service All-Stars","detail":"BTI Consulting, 2024"},{"title":"Recognized 186 K\u0026S Lawyers and 84 K\u0026S Practice Groups as Leaders in Their Fields","detail":"Chambers USA, 2023"},{"title":"Named Client Service All-Stars","detail":"BTI Consulting, 2023"},{"title":"Earns Top-Tier Rankings","detail":"Legal 500, 2023"},{"title":"Named Litigation Star \u0026 Local Litigation Star (Class Actions)","detail":"Benchmark Litigation, 2018-2022"},{"title":"Hall of Fame - Intellectual Property: Trade Secrets (Litigation and Non-contentious matters)","detail":"Legal 500, 2020"},{"title":"Named Litigation Trailblazer","detail":"National Law Journal, 2017"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9732}]},"capability_group_id":2},"created_at":"2025-12-05T05:00:08.000Z","updated_at":"2025-12-05T05:00:08.000Z","searchable_text":"Giali{{ FIELD }}{:title=\u0026gt;\"Earns Top-Tier Rankings\", :detail=\u0026gt;\"Legal 500, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Earns 198 Lawyer Rankings, 90 Practice Group Rankings\", :detail=\u0026gt;\"Chambers USA Guide, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Named Client Service All-Stars\", :detail=\u0026gt;\"BTI Consulting, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Recognized 186 K\u0026amp;S Lawyers and 84 K\u0026amp;S Practice Groups as Leaders in Their Fields\", :detail=\u0026gt;\"Chambers USA, 2023\"}{{ FIELD }}{:title=\u0026gt;\"Named Client Service All-Stars\", :detail=\u0026gt;\"BTI Consulting, 2023\"}{{ FIELD }}{:title=\u0026gt;\"Earns Top-Tier Rankings\", :detail=\u0026gt;\"Legal 500, 2023\"}{{ FIELD }}{:title=\u0026gt;\"Named Litigation Star \u0026amp; Local Litigation Star (Class Actions)\", :detail=\u0026gt;\"Benchmark Litigation, 2018-2022\"}{{ FIELD }}{:title=\u0026gt;\"Hall of Fame - Intellectual Property: Trade Secrets (Litigation and Non-contentious matters)\", :detail=\u0026gt;\"Legal 500, 2020\"}{{ FIELD }}{:title=\u0026gt;\"Named Litigation Trailblazer\", :detail=\u0026gt;\"National Law Journal, 2017\"}{{ FIELD }}Husain v. Campbell Soup Company, -- F. Supp. 3d --, 2024 WL 4011959 (N.D. Cal. Sept. 2, 2024) Motion to dismiss consumer class action complaint granted with prejudice in case challenging Kettle Brand Air Fried as being deceptively advertised as not made via deep frying in oil.{{ FIELD }}Tyrnauer v. Ben \u0026amp; Jerry's Homemade, Inc., 739 F.Supp.3d 246 (D. Vt. 2024) Motion to dismiss granted re nationwide consumer class action complaint alleging false advertising regarding allegations of migrant child labor in dairy farms in Vermont.{{ FIELD }}Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 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.{{ FIELD }}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.{{ FIELD }}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.{{ FIELD }}Yu v. Dreyer’s Grand Ice Cream, Inc. 592 F. Supp. 3d 146 (S.D.N.Y. 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois consumer protection laws regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of the ice cream bars without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff had no private right of action to enforce FDA regulations, and that plaintiff’s theory of deception was not plausible because, among other reasons, the coating does contain FDA standard-of-identify chocolate, the label fully discloses the presence of oil in the ingredient list, and the label never suggests that the product does not contain oil.{{ FIELD }}Kamara v. Pepperidge Farm, Inc., 570 F.Supp.3d 69, (S.D.N.Y. 2021) Achieved a complete victory for Pepperidge Farm in a putative nationwide consumer class action under New York consumer protection law. The complaint alleged that Pepperidge’s Golden Butter Crackers misled consumers into believing that the product does not include oil. In a 2021 published decision dismissing the complaint with prejudice, the court clarified the principle that false advertising claims must be assessed in context. The court also assessed the plausibility of the complaint’s theory of deception against recent Second (Mantikas) and Seventh (Bell) Circuit precedents, and found the complaint deficient. See also Floyd v. Pepperidge Farm, Incorporated, -- F. Supp. 3d--, 2022 WL 203071 (S.D. Ill. Jan, 24, 2022).{{ FIELD }}Chong v. Kind LLC, 585 F. Supp. 3d 1215 (N.D. Cal. 2022). Motion to dismiss granted in class action challenging front-of-pack protein claim on plant-based product. Plaintiffs alleged that the quantitative statement was deceptive and contrary to FDA regulations because it wasn’t corrected for digestibility. Based on our arguments, court reversed a decision it had made on that same issue in a similar lawsuit just a year before. Court also ruled in favor of our client on Buckman preemption, holding that plaintiffs were not able to enforce FDA regulations under the guise of consumer deception claims.{{ FIELD }}Wong v. The Vons Companies, Inc., 2020 WL 5632305 (Alameda County Super. Ct. (Cal.) Sept. 14, 2020) \u0026amp; 2020 WL 6161875 (Alameda County Super. Ct. (Cal.) Oct. 13, 2020). Certification denied in consumer class action challenging label statement on fresh poultry products. Decision affirmed on appeal in unanimous opinion. 2022 WL 1210445 (Cal. Ct. App. Apr. 25, 2022).{{ FIELD }}Cheslow v. Ghirardelli Chocolate Co., 472 F.Supp.3d 686 (N.D. Cal. 2020) \u0026amp; 445 F.Supp.3d 8 (N.D. Cal. 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white chips product.{{ FIELD }}Prescott v. Nestlé USA, Inc., 2020 WL 3035798 (N.D. Cal. June 4, 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white morsels product.{{ FIELD }}Macedonia Distributing, Inc. v. S-L Distribution Co., LLC, 2020 WL 610702 (C.D. Cal. Feb. 7, 2020). Certification denied in distributor class action alleging underpayment for distribution businesses.{{ FIELD }}Porath v. Logitech, Inc., 2019 WL 6134936 (N.D. Cal. Nov. 18, 2019). Certification denied in consumer class action challenging labeling and advertising of electronics product.{{ FIELD }}Parker v. Logitech, Inc., 2017 WL 4701044 (Cal. Super., Alameda County Oct. 18, 2017). Certification denied in consumer class action challenging labeling and advertising of electronics product.{{ FIELD }}Pelayo v. Nestlé USA, Inc., 989 F. Supp. 2d 973 (C.D. Cal. 2013). Defended Buitoni brand of products in case challenging “natural” label statements. Case dismissed with prejudice at the pleading stage. The court ruled that the plaintiff failed to offer an objective or plausible definition of the allegedly-deceptive phrase “all natural,” stating that “the reasonable consumer is aware that Buitoni pastas are not ‘springing fully formed from ravioli trees and tortellini bushes.’”{{ FIELD }}Shin v. Campbell Soup, No. 17-1082 (C.D. Cal.). Secured a victory for Campbell Soup when a federal judge in the Central District of California dismissed a false advertising consumer class action complaint alleging that labeling of less sodium and fat-free products was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the challenged statements were accurate and were not likely to mislead a reasonable consumer.{{ FIELD }}Lucido v. Nestlé Purina Petcare Company, 217 F.Supp.3d 1098 (N.D. Cal. 2016). Successfully moved for summary judgment and to strike plaintiffs’ experts in a consumer class action alleging that Purina failed to disclose that Beneful dog food was harmful. The court ruled that plaintiffs’ case was entirely dependent on their experts’ opinions, but the opinions were unreliable and inadmissible. Accordingly, plaintiffs’ case had no evidentiary support and could not proceed.{{ FIELD }}Kane v. Chobani LLC,645 Fed. App’x. 593 (9th Cir. 2016); see also 973 F. Supp. 2d 1120 (N.D. Cal. 2014), 2013 WL 5289253 (N.D. Cal. Sept. 19, 2013), and 2013 WL 3776172 (N.D. Cal. July 15, 2013). Defense of a putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Greek yogurt products marketed as containing “only natural ingredients” and listing “evaporated cane juice” as an ingredient. A motion to dismiss was granted. 2013 WL 5289253. The plaintiffs’ motion for preliminary injunction was denied. 2013 WL 3776172. A motion to disqualify the plaintiffs’ expert was granted. 2013 WL 3991107. After a third amended complaint, a second motion to dismiss was granted with prejudice. 2014 WL 657300. The Ninth Circuit then stayed the case.{{ FIELD }}Wysong Corp. v. APN, Inc., 889 F.3d 267 (6th Cir. 2018). Secured a victory for Nestlé Purina Petcare Company when a federal judge in the Eastern District of Michigan dismissed with prejudice a Lanham Act complaint alleging that using realistic images of meat and vegetables on pet food labels was deceptive. The court ruled that plaintiff’s theory of deception was not plausible because the challenged label images, especially when considered in context, were not false and were not likely to mislead a reasonable consumer. Significantly, the court denied further amendments and entered judgment in favor of our client.{{ FIELD }}In re KIND LLC “Healthy and All Natural” Litigation, 209 F. Supp. 3d 689 (S.D.N.Y. Sept. 15, 2016). Secured a ground-breaking victory for KIND snack bars when a federal judge in the Southern District of New York dismissed claims in an MDL consumer class action challenging KIND’s “healthy” labeling and stayed claims challenging “natural” labeling pending FDA’s consideration of the issue.{{ FIELD }}Cerreta v. Laclede, Inc., No. 14-8066 (C.D. Cal.) (removed from L.A. Sup. Ct.). Defending consumer packaged goods company in nationwide consumer class action alleging false advertising under California consumer protection law regarding “natural” labeling of personal care products.{{ FIELD }}Greenberg v. Galderma Laboratories, L.P., No. 3:16cv6090 (N.D. Cal.). Defended personal care product company against allegations of false advertising re label statements.{{ FIELD }}Magier v. Tribe Mediterranean Foods, Inc., No. 1:15cv5781 (S.D.N.Y.). Defended manufacturer of hummus against claims of false advertising relating to “natural” label statements.{{ FIELD }}Rhinerson v. Van’s International Foods ,No. 3:13cv9523 (N.D. Cal.). Defended frozen waffle manufacturer against putative nationwide consumer class action challenging the “natural” labeling of the products.{{ FIELD }}Backus v. Nestlé USA, Inc., 167 F. Supp. 3d 1068 (N.D. Cal. 2016). Secured a ground-breaking victory for Nestlé USA and its iconic Coffee-mate brand when a federal judge in the Northern District of California dismissed with prejudice a consumer class action complaint. Plaintiffs alleged that Nestlé’s mere use of partially hydrogenated oil in Coffee-mate was unlawful, and that labeling statements touting the product as having “0g Trans Fat” was misleading. The court ruled that plaintiff’s ‘use’ theory was an obstacle to federal law and therefore preempted, and that plaintiff’s false advertising theory, which attempted to impose labeling requirements not identical to federal law was expressly preempted.{{ FIELD }}Workman v. Plum PBC, 141 F. Supp. 3d 1032 (N.D. Cal. 2015). Secured a victory for Campbell Soup and its subsidiary Plum Organics when a federal judge in the Northern District of California dismissed with prejudice a false advertising consumer class action complaint alleging that food labeling was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the labels were not false and were not likely to mislead a reasonable consumer.{{ FIELD }}Ross v. Nestlé USA, Inc., No. 1:16-cv-09563 (S.D.N.Y.). Defended Lean Cuisine products against false advertising claims relating to “no preservatives” label statement and the presence of citric acid in products.{{ FIELD }}Astiana v. Dreyer’s Grand Ice Cream, No. 11-2910 (N.D. Cal.). Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Häagen-Dazs and Dreyer’s ice cream products labeled “All Natural.” This case was consolidated with the copy-cat case Rutledge-Muhs v. Dreyer’s Grand Ice Cream. The action was dismissed with prejudice.{{ FIELD }}Stoltz v. Chobani, LLC, No. 1:14cv3827 (E.D.N.Y.). Defended nationwide consumer class action alleging false advertising of Greek Yogurt products, marketed as “Greek Yogurt,” “0%,” “evaporated cane juice,” and natural and healthy.{{ FIELD }}Chavez v. Nestlé USA, No. 09-9192 (C.D. Cal.). Defended putative nationwide consumer class action against Nestlé USA alleging false advertising under California consumer protection laws with respect to juice products marketed as supporting brain development, immunity and digestive health. Case dismissed following three successive, successful motions to dismiss (2011 WL 10565797 (C.D. Cal. Jan. 10, 2011), 2011 WL 2150128 (C.D. Cal. May 19, 2011)). Judgment in defendant’s favor affirmed in part and reversed in part. 511 Fed. App’x. 606 (9th Cir. 2013).{{ FIELD }}Ibarrola v. KIND LLC, 83 F. Supp. 3d 751 (N.D. Ill. 2014). Secured a complete victory for client KIND LLC in the Northern District of Illinois when Judge Sara Ellis dismissed a putative nationwide consumer class action premised on allegations that KIND deceived consumers by including a “No Refined Sugars” statement on the label of snack foods. Judge Ellis granted KIND’s motion to dismiss an amended complaint with prejudice, holding that plaintiff failed to allege a plausible theory of deception.{{ FIELD }}Boyle v. KIND LLC, No. 1:13cv8365 (S.D.N.Y). Defended nationwide consumer class action challenging the labeling of snack bar products as insinuating that consuming the products will not lead to weight gain and that the product is better-for-you product. Also defended copy-cat, follow-on action Bailey v. KIND LLC, No. 8:16cv168(C.D. Cal.).{{ FIELD }}Trazo v. Nestlé USA, Inc., No. 5:12cv2272 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Coffee-mate powder products marketed as “0g trans fat.” This case is notable for the scope of its predecessor case at filing—challenging an open-ended number of the products of a major food manufacturer. The broadside attack featured multiple misbranding allegations on diverse labeling statements. Of special significance, we dealt a massive blow when its separate and innovative motion to strike the plaintiffs' class allegations—at the pleading stage—was granted. 201 WL 4083218 (N.D. Cal. Aug. 9, 2013). The challenged products were subsequently reduced from “open-ended” to four and the misbranding theories have been reduced from nine to four.{{ FIELD }}Belli II v. Nestlé USA, Inc., No. 5:14cv283 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Eskimo Pie products marketed as “No Sugar Added.”{{ FIELD }}In re Gerber Probiotic Sales Practices Litigation, No. 12-835 (D. N.J.). Defended Gerber in ten-case consolidated nationwide consumer class action alleging false advertising under consumer protection and warranty laws of multiple states with respect to baby formula and cereal products labeled as containing immune-supporting probiotics, digestion-supporting prebiotics, and brain and eye development-supporting DHA. Motions to consolidate cases granted. Burns v. Gerber Prods. Co., 922 F.Supp.2d 1168 (E.D. Wash. 2013); Hawkins v. Gerber Prods. Co., 924 F.Supp.2d 1208 (S.D. Cal. 2013).{{ FIELD }}Reilly v. Amy’s Kitchen , 2 F. Supp. 3d 1300 (S.D. Fla. 2014); see also 2014 WL 905441 (S.D. Fla. Mar. 7, 2014) Defended against putative Florida consumer class action alleging false advertising under Florida consumer protection laws with respect to food products containing the ingredient “evaporated cane juice.” A federal judge first denied plaintiff’s request to reinstate claims over 57 products that the named plaintiff never purchased. The court then dismissed the case on jurisdictional grounds because the amount at issue for the three products the named plaintiff did purchase fell below the Class Action Fairness Act amount in controversy requirement.{{ FIELD }}Figy v. Amy’s Kitchen, Inc., 2 F. Supp. 3d 1300 (N.D. Cal. 2014). Defended against putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to food products containing the ingredient “evaporated cane juice.” A federal judge dismissed action without leave to amend based on primary jurisdiction of FDA (later converted to stay).{{ FIELD }}Simpson v. California Pizza Kitchen, 989 F. Supp. 2d 1015 (S.D. Cal. 2013), 2013, 2013 WL 5718479 (S.D. Cal Oct. 1, 2013). Defended a putative nationwide consumer class action against several frozen pizza brands owned by Nestlé USA and California Pizza Kitchen alleging violation of California's Unfair Competition Law and statutory nuisance law. This was a bellwether case. Using the class action vehicle, plaintiffs sought to impose an unprecedented judicial ban on artificial trans fats in frozen pizza products. Any success could have “opened the floodgates” to numerous other cases seeking to ban individual ingredients. A motion to dismiss was granted as to the entire complaint, with prejudice and without leave to amend.{{ FIELD }}Brower v. Campbell Soup Company, 243 F. Supp. 3d 1124, 2017 WL 1063470 (S.D. Cal. Mar. 21, 2017). Obtained a dismissal with prejudice for Campbell Soup in a consumer class challenging the labels of Chunky Healthy Request soup products. The court ruled that plaintiffs’ state-law false advertising claims are preempted by the federal Poultry Products Inspection Act and the Federal Meat Inspection Act.{{ FIELD }}Bell v. Campbell Soup Co., 65 F. Supp. 3d 1328 (N.D. Fla. 2014). Secured victory for Campbell Soup when a federal judge in Florida dismissed with prejudice an amended consumer class action complaint in an action that initially had challenged the labeling of more than 50 products from multiple product lines under Campbell’s iconic V8 brand. The court ruled that plaintiffs’ amended claims (following an initial motion to dismiss) were expressly preempted as attempting to impose state-law labeling requirements that were not identical to federal labeling law and that Campbell’s labels complied with the federal requirements “to the letter.”{{ FIELD }}Dale Giali is a litigator who has represented a number of the world's largest multinational corporations in 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.\nDale 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.\nDale 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.\nBenchmark 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). Partner Earns Top-Tier Rankings Legal 500, 2024 Earns 198 Lawyer Rankings, 90 Practice Group Rankings Chambers USA Guide, 2024 Named Client Service All-Stars BTI Consulting, 2024 Recognized 186 K\u0026amp;S Lawyers and 84 K\u0026amp;S Practice Groups as Leaders in Their Fields Chambers USA, 2023 Named Client Service All-Stars BTI Consulting, 2023 Earns Top-Tier Rankings Legal 500, 2023 Named Litigation Star \u0026amp; Local Litigation Star (Class Actions) Benchmark Litigation, 2018-2022 Hall of Fame - Intellectual Property: Trade Secrets (Litigation and Non-contentious matters) Legal 500, 2020 Named Litigation Trailblazer National Law Journal, 2017 University of California  University of San Diego University of San Diego School of Law U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Texas U.S. District Court for the Southern District of Illinois U.S. District Court for the Central District of California 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 Southern District of California U.S. District Court for the District of Columbia California District of Columbia Member, American Bar Association Member, Food and Drug Law Institute Member, Consumer Brands Association Member, Association of Business Trial Lawyers, Los Angeles Chapter Husain v. Campbell Soup Company, -- F. Supp. 3d --, 2024 WL 4011959 (N.D. Cal. Sept. 2, 2024) Motion to dismiss consumer class action complaint granted with prejudice in case challenging Kettle Brand Air Fried as being deceptively advertised as not made via deep frying in oil. Tyrnauer v. Ben \u0026amp; Jerry's Homemade, Inc., 739 F.Supp.3d 246 (D. Vt. 2024) Motion to dismiss granted re nationwide consumer class action complaint alleging false advertising regarding allegations of migrant child labor in dairy farms in Vermont. Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 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. Yu v. Dreyer’s Grand Ice Cream, Inc. 592 F. Supp. 3d 146 (S.D.N.Y. 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois consumer protection laws regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of the ice cream bars without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff had no private right of action to enforce FDA regulations, and that plaintiff’s theory of deception was not plausible because, among other reasons, the coating does contain FDA standard-of-identify chocolate, the label fully discloses the presence of oil in the ingredient list, and the label never suggests that the product does not contain oil. Kamara v. Pepperidge Farm, Inc., 570 F.Supp.3d 69, (S.D.N.Y. 2021) Achieved a complete victory for Pepperidge Farm in a putative nationwide consumer class action under New York consumer protection law. The complaint alleged that Pepperidge’s Golden Butter Crackers misled consumers into believing that the product does not include oil. In a 2021 published decision dismissing the complaint with prejudice, the court clarified the principle that false advertising claims must be assessed in context. The court also assessed the plausibility of the complaint’s theory of deception against recent Second (Mantikas) and Seventh (Bell) Circuit precedents, and found the complaint deficient. See also Floyd v. Pepperidge Farm, Incorporated, -- F. Supp. 3d--, 2022 WL 203071 (S.D. Ill. Jan, 24, 2022). Chong v. Kind LLC, 585 F. Supp. 3d 1215 (N.D. Cal. 2022). Motion to dismiss granted in class action challenging front-of-pack protein claim on plant-based product. Plaintiffs alleged that the quantitative statement was deceptive and contrary to FDA regulations because it wasn’t corrected for digestibility. Based on our arguments, court reversed a decision it had made on that same issue in a similar lawsuit just a year before. Court also ruled in favor of our client on Buckman preemption, holding that plaintiffs were not able to enforce FDA regulations under the guise of consumer deception claims. Wong v. The Vons Companies, Inc., 2020 WL 5632305 (Alameda County Super. Ct. (Cal.) Sept. 14, 2020) \u0026amp; 2020 WL 6161875 (Alameda County Super. Ct. (Cal.) Oct. 13, 2020). Certification denied in consumer class action challenging label statement on fresh poultry products. Decision affirmed on appeal in unanimous opinion. 2022 WL 1210445 (Cal. Ct. App. Apr. 25, 2022). Cheslow v. Ghirardelli Chocolate Co., 472 F.Supp.3d 686 (N.D. Cal. 2020) \u0026amp; 445 F.Supp.3d 8 (N.D. Cal. 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white chips product. Prescott v. Nestlé USA, Inc., 2020 WL 3035798 (N.D. Cal. June 4, 2020). Obtained dismissal on plausibility grounds of consumer class action false advertising action challenging white morsels product. Macedonia Distributing, Inc. v. S-L Distribution Co., LLC, 2020 WL 610702 (C.D. Cal. Feb. 7, 2020). Certification denied in distributor class action alleging underpayment for distribution businesses. Porath v. Logitech, Inc., 2019 WL 6134936 (N.D. Cal. Nov. 18, 2019). Certification denied in consumer class action challenging labeling and advertising of electronics product. Parker v. Logitech, Inc., 2017 WL 4701044 (Cal. Super., Alameda County Oct. 18, 2017). Certification denied in consumer class action challenging labeling and advertising of electronics product. Pelayo v. Nestlé USA, Inc., 989 F. Supp. 2d 973 (C.D. Cal. 2013). Defended Buitoni brand of products in case challenging “natural” label statements. Case dismissed with prejudice at the pleading stage. The court ruled that the plaintiff failed to offer an objective or plausible definition of the allegedly-deceptive phrase “all natural,” stating that “the reasonable consumer is aware that Buitoni pastas are not ‘springing fully formed from ravioli trees and tortellini bushes.’” Shin v. Campbell Soup, No. 17-1082 (C.D. Cal.). Secured a victory for Campbell Soup when a federal judge in the Central District of California dismissed a false advertising consumer class action complaint alleging that labeling of less sodium and fat-free products was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the challenged statements were accurate and were not likely to mislead a reasonable consumer. Lucido v. Nestlé Purina Petcare Company, 217 F.Supp.3d 1098 (N.D. Cal. 2016). Successfully moved for summary judgment and to strike plaintiffs’ experts in a consumer class action alleging that Purina failed to disclose that Beneful dog food was harmful. The court ruled that plaintiffs’ case was entirely dependent on their experts’ opinions, but the opinions were unreliable and inadmissible. Accordingly, plaintiffs’ case had no evidentiary support and could not proceed. Kane v. Chobani LLC,645 Fed. App’x. 593 (9th Cir. 2016); see also 973 F. Supp. 2d 1120 (N.D. Cal. 2014), 2013 WL 5289253 (N.D. Cal. Sept. 19, 2013), and 2013 WL 3776172 (N.D. Cal. July 15, 2013). Defense of a putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Greek yogurt products marketed as containing “only natural ingredients” and listing “evaporated cane juice” as an ingredient. A motion to dismiss was granted. 2013 WL 5289253. The plaintiffs’ motion for preliminary injunction was denied. 2013 WL 3776172. A motion to disqualify the plaintiffs’ expert was granted. 2013 WL 3991107. After a third amended complaint, a second motion to dismiss was granted with prejudice. 2014 WL 657300. The Ninth Circuit then stayed the case. Wysong Corp. v. APN, Inc., 889 F.3d 267 (6th Cir. 2018). Secured a victory for Nestlé Purina Petcare Company when a federal judge in the Eastern District of Michigan dismissed with prejudice a Lanham Act complaint alleging that using realistic images of meat and vegetables on pet food labels was deceptive. The court ruled that plaintiff’s theory of deception was not plausible because the challenged label images, especially when considered in context, were not false and were not likely to mislead a reasonable consumer. Significantly, the court denied further amendments and entered judgment in favor of our client. In re KIND LLC “Healthy and All Natural” Litigation, 209 F. Supp. 3d 689 (S.D.N.Y. Sept. 15, 2016). Secured a ground-breaking victory for KIND snack bars when a federal judge in the Southern District of New York dismissed claims in an MDL consumer class action challenging KIND’s “healthy” labeling and stayed claims challenging “natural” labeling pending FDA’s consideration of the issue. Cerreta v. Laclede, Inc., No. 14-8066 (C.D. Cal.) (removed from L.A. Sup. Ct.). Defending consumer packaged goods company in nationwide consumer class action alleging false advertising under California consumer protection law regarding “natural” labeling of personal care products. Greenberg v. Galderma Laboratories, L.P., No. 3:16cv6090 (N.D. Cal.). Defended personal care product company against allegations of false advertising re label statements. Magier v. Tribe Mediterranean Foods, Inc., No. 1:15cv5781 (S.D.N.Y.). Defended manufacturer of hummus against claims of false advertising relating to “natural” label statements. Rhinerson v. Van’s International Foods ,No. 3:13cv9523 (N.D. Cal.). Defended frozen waffle manufacturer against putative nationwide consumer class action challenging the “natural” labeling of the products. Backus v. Nestlé USA, Inc., 167 F. Supp. 3d 1068 (N.D. Cal. 2016). Secured a ground-breaking victory for Nestlé USA and its iconic Coffee-mate brand when a federal judge in the Northern District of California dismissed with prejudice a consumer class action complaint. Plaintiffs alleged that Nestlé’s mere use of partially hydrogenated oil in Coffee-mate was unlawful, and that labeling statements touting the product as having “0g Trans Fat” was misleading. The court ruled that plaintiff’s ‘use’ theory was an obstacle to federal law and therefore preempted, and that plaintiff’s false advertising theory, which attempted to impose labeling requirements not identical to federal law was expressly preempted. Workman v. Plum PBC, 141 F. Supp. 3d 1032 (N.D. Cal. 2015). Secured a victory for Campbell Soup and its subsidiary Plum Organics when a federal judge in the Northern District of California dismissed with prejudice a false advertising consumer class action complaint alleging that food labeling was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the labels were not false and were not likely to mislead a reasonable consumer. Ross v. Nestlé USA, Inc., No. 1:16-cv-09563 (S.D.N.Y.). Defended Lean Cuisine products against false advertising claims relating to “no preservatives” label statement and the presence of citric acid in products. Astiana v. Dreyer’s Grand Ice Cream, No. 11-2910 (N.D. Cal.). Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Häagen-Dazs and Dreyer’s ice cream products labeled “All Natural.” This case was consolidated with the copy-cat case Rutledge-Muhs v. Dreyer’s Grand Ice Cream. The action was dismissed with prejudice. Stoltz v. Chobani, LLC, No. 1:14cv3827 (E.D.N.Y.). Defended nationwide consumer class action alleging false advertising of Greek Yogurt products, marketed as “Greek Yogurt,” “0%,” “evaporated cane juice,” and natural and healthy. Chavez v. Nestlé USA, No. 09-9192 (C.D. Cal.). Defended putative nationwide consumer class action against Nestlé USA alleging false advertising under California consumer protection laws with respect to juice products marketed as supporting brain development, immunity and digestive health. Case dismissed following three successive, successful motions to dismiss (2011 WL 10565797 (C.D. Cal. Jan. 10, 2011), 2011 WL 2150128 (C.D. Cal. May 19, 2011)). Judgment in defendant’s favor affirmed in part and reversed in part. 511 Fed. App’x. 606 (9th Cir. 2013). Ibarrola v. KIND LLC, 83 F. Supp. 3d 751 (N.D. Ill. 2014). Secured a complete victory for client KIND LLC in the Northern District of Illinois when Judge Sara Ellis dismissed a putative nationwide consumer class action premised on allegations that KIND deceived consumers by including a “No Refined Sugars” statement on the label of snack foods. Judge Ellis granted KIND’s motion to dismiss an amended complaint with prejudice, holding that plaintiff failed to allege a plausible theory of deception. Boyle v. KIND LLC, No. 1:13cv8365 (S.D.N.Y). Defended nationwide consumer class action challenging the labeling of snack bar products as insinuating that consuming the products will not lead to weight gain and that the product is better-for-you product. Also defended copy-cat, follow-on action Bailey v. KIND LLC, No. 8:16cv168(C.D. Cal.). Trazo v. Nestlé USA, Inc., No. 5:12cv2272 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Coffee-mate powder products marketed as “0g trans fat.” This case is notable for the scope of its predecessor case at filing—challenging an open-ended number of the products of a major food manufacturer. The broadside attack featured multiple misbranding allegations on diverse labeling statements. Of special significance, we dealt a massive blow when its separate and innovative motion to strike the plaintiffs' class allegations—at the pleading stage—was granted. 201 WL 4083218 (N.D. Cal. Aug. 9, 2013). The challenged products were subsequently reduced from “open-ended” to four and the misbranding theories have been reduced from nine to four. Belli II v. Nestlé USA, Inc., No. 5:14cv283 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Eskimo Pie products marketed as “No Sugar Added.” In re Gerber Probiotic Sales Practices Litigation, No. 12-835 (D. N.J.). Defended Gerber in ten-case consolidated nationwide consumer class action alleging false advertising under consumer protection and warranty laws of multiple states with respect to baby formula and cereal products labeled as containing immune-supporting probiotics, digestion-supporting prebiotics, and brain and eye development-supporting DHA. Motions to consolidate cases granted. Burns v. Gerber Prods. Co., 922 F.Supp.2d 1168 (E.D. Wash. 2013); Hawkins v. Gerber Prods. Co., 924 F.Supp.2d 1208 (S.D. Cal. 2013). Reilly v. Amy’s Kitchen , 2 F. Supp. 3d 1300 (S.D. Fla. 2014); see also 2014 WL 905441 (S.D. Fla. Mar. 7, 2014) Defended against putative Florida consumer class action alleging false advertising under Florida consumer protection laws with respect to food products containing the ingredient “evaporated cane juice.” A federal judge first denied plaintiff’s request to reinstate claims over 57 products that the named plaintiff never purchased. The court then dismissed the case on jurisdictional grounds because the amount at issue for the three products the named plaintiff did purchase fell below the Class Action Fairness Act amount in controversy requirement. Figy v. Amy’s Kitchen, Inc., 2 F. Supp. 3d 1300 (N.D. Cal. 2014). Defended against putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to food products containing the ingredient “evaporated cane juice.” A federal judge dismissed action without leave to amend based on primary jurisdiction of FDA (later converted to stay). Simpson v. California Pizza Kitchen, 989 F. Supp. 2d 1015 (S.D. Cal. 2013), 2013, 2013 WL 5718479 (S.D. Cal Oct. 1, 2013). Defended a putative nationwide consumer class action against several frozen pizza brands owned by Nestlé USA and California Pizza Kitchen alleging violation of California's Unfair Competition Law and statutory nuisance law. This was a bellwether case. Using the class action vehicle, plaintiffs sought to impose an unprecedented judicial ban on artificial trans fats in frozen pizza products. Any success could have “opened the floodgates” to numerous other cases seeking to ban individual ingredients. A motion to dismiss was granted as to the entire complaint, with prejudice and without leave to amend. Brower v. Campbell Soup Company, 243 F. Supp. 3d 1124, 2017 WL 1063470 (S.D. Cal. Mar. 21, 2017). Obtained a dismissal with prejudice for Campbell Soup in a consumer class challenging the labels of Chunky Healthy Request soup products. The court ruled that plaintiffs’ state-law false advertising claims are preempted by the federal Poultry Products Inspection Act and the Federal Meat Inspection Act. Bell v. Campbell Soup Co., 65 F. Supp. 3d 1328 (N.D. Fla. 2014). Secured victory for Campbell Soup when a federal judge in Florida dismissed with prejudice an amended consumer class action complaint in an action that initially had challenged the labeling of more than 50 products from multiple product lines under Campbell’s iconic V8 brand. The court ruled that plaintiffs’ amended claims (following an initial motion to dismiss) were expressly preempted as attempting to impose state-law labeling requirements that were not identical to federal labeling law and that Campbell’s labels complied with the federal requirements “to the letter.”","searchable_name":"Dale Giali","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":442812,"version":1,"owner_type":"Person","owner_id":5736,"payload":{"bio":"\u003cp\u003eAlbert Giang\u0026rsquo;s cutting-edge practice focuses on defending tech startups and public companies against class actions, regulatory investigation and enforcement, and other litigation, and providing crisis management for disrupters who are navigating novel legal and regulatory issues. A thought leader in the tech industry, his clients include some of the most respected companies in the gig economy, e-commerce, telemedicine, and social networking/media space. According to the Los Angeles Business Journal, Albert \u0026ldquo;has built an impressive track record for passionate advocacy on some of the most pressing legal issues \u0026ndash; a pillar of influence in the technology, appellate and pro bono fields.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAlbert offers an unmatched blend of consumer, employment, and tech expertise\u0026mdash;e.g., he led the successful defense of the first COVID class action against a gig economy company accused of failing to provide PPE to independent contractors, while also obtaining one of the\u0026nbsp;\u003cstrong\u003eTop California Verdicts of 2020\u003c/strong\u003e\u0026nbsp;that dismissed with prejudice a nationwide TCPA class action alleging robotexting. In addition to defending clients as outside litigation counsel, Albert has been asked to serve two stints in-house at a leading technology company and provides strategic counseling on novel product rollouts and regulatory issues, commercial disputes, and complex consumer and employment disputes. Albert serves as \u0026ldquo;go to\u0026rdquo; counsel for his clients on issues such as platform liability; employment and worker classification; tech investigations and regulatory enforcement (e.g., by City Attorneys, District Attorneys, or Attorneys General); marketing and advertising law (e.g., TCPA); consumer protection and unfair competition laws (e.g., UCL, CCPA); the Communications Decency Act (CDA); Terms of Service (TOS) drafting and enforcement; and mass arbitration strategy.\u003c/p\u003e\n\u003cp\u003eAlbert also specializes in appellate litigation, having represented clients in numerous cases in the United States Supreme Court, the United States Courts of Appeal, and California appellate courts. Albert has been recognized as one of the\u0026nbsp;\u003cstrong\u003eMinority Leaders of Influence of 2021\u003c/strong\u003e\u0026nbsp;by the Los Angeles Business Journal, one of the\u0026nbsp;\u003cstrong\u003eBest Under 40\u003c/strong\u003e\u0026nbsp;by the National Asian Pacific American Bar Association,\u0026nbsp;a Rising Star in the appellate field by Super Lawyers and Los Angeles magazines, and one of the\u0026nbsp;\u003cstrong\u003e500 Leading U.S. Corporate Employment Lawyers\u003c/strong\u003e\u0026nbsp;by Lawdragon.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eRecent Speaking Engagements:\u003c/strong\u003e\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003ePresenter, \u0026ldquo;Marketing Gone Wild:\u0026nbsp; Litigation and Regulatory Trends,\u0026rdquo; 2020 Marketplace Risk \u0026amp; Global Summit\u003c/li\u003e\n\u003cli\u003eProgram Chair and Presenter, \u0026ldquo;Through a Judge\u0026rsquo;s Eyes:\u0026nbsp; How Courts View Your Terms of Service,\u0026rdquo; 2019 All Hands Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Presenter, \u0026ldquo;When the Government Calls\u0026mdash;From Responding to Regulatory Fines to Articulating Your Policy Vision,\u0026rdquo; 2019 Marketplace Risk Management Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Presenter, \u0026ldquo;The Future of Marketplace Defenses: Updates and Trends in Platform Protection and Litigation,\u0026rdquo; 2018 Marketplace Risk Management Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Speaker, \u0026ldquo;A Turning Point: How the National Conversation about Diversity and Inclusion is Hitting Tech,\u0026rdquo; 2018 Minority Corporate Counsel Association G-TEC Conference, Plenary Session\u003c/li\u003e\n\u003cli\u003eSpeaker, \u0026ldquo;Ethical Issues for In-House \u0026amp; Outside Counsel,\u0026rdquo; 2017 CMCP \u0026ndash; Kaiser Permanente CLE Marathon\u003c/li\u003e\n\u003cli\u003eSpeaker, \u0026ldquo;An Ounce of Prevention\u0026mdash;Best Practices When Planning for and Facing Litigation,\u0026rdquo; 2017 Marketplace Risk Management Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Speaker, \u0026ldquo;The Sharing Economy: Disrupting the Business and Legal Landscape,\u0026rdquo; 2016 National Asian Pacific American Bar Association Annual Convention\u003c/li\u003e\n\u003cli\u003eSpeaker, \u0026ldquo;A Panel Discussion on\u0026nbsp;\u003cem\u003eFisher v. University of Texas\u003c/em\u003e,\u0026rdquo; 2013 Asian Pacific American Bar Association of Los Angeles\u003c/li\u003e\n\u003c/ul\u003e","slug":"albert-giang","email":"agiang@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eClass Action \u0026amp; Trial Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eEmployment/Worker Classification\u003c/em\u003e\u003c/strong\u003e: Lead defense counsel for an international insurance company in multiple class, collective, and representative actions in federal and state courts throughout the United States\u0026mdash;which allege that insurance sales agents were misclassified and were not paid for training\u0026mdash;including prevailing against nationwide Fair Labor Standards Act (\u0026ldquo;FLSA\u0026rdquo;) collective actions in Pennsylvania and Arkansas federal courts.\u003c/p\u003e","\u003cp\u003eLead defense counsel in COVID class action against a gig economy client accused of \u0026ldquo;public nuisance\u0026rdquo; and failure to provide PPE to couriers during COVID in violation of California wage-and-hour laws\u0026mdash;compelling arbitration by successfully arguing that couriers were engaged in local transactions (and not interstate workers) and did not qualify for \u0026ldquo;public injunctive relief\u0026rdquo; simply by invoking public health.\u003c/p\u003e","\u003cp\u003eLead defense counsel for several clients in governmental/regulatory investigations and audits alleging independent contractor misclassification in ABC states such as California and Massachusetts.\u003c/p\u003e","\u003cp\u003eLead defense counsel in obtaining N.D. Cal. approval of a California-wide class settlement with insurance trainees and sales agents, which was achieved in part due to counsel\u0026rsquo;s strategic invocation of a little-known exemption from AB5 and aggressive class waiver arguments.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMarketing/TCPA\u003c/em\u003e\u003c/strong\u003e: Lead strategy counsel in obtaining complete dismissal with prejudice of a nationwide \u0026ldquo;robotexting\u0026rdquo; class action in N.D. Cal., successfully arguing that the plaintiff failed to establish that a tech platform \u0026ldquo;controlled the manner and means\u0026rdquo; of the alleged marketers who sent the texts. This widely-reported decision was recognized as one of the Top California Verdicts of 2020 because of its important implications for vicarious liability under the TCPA.\u003c/p\u003e","\u003cp\u003eLead counsel in two nationwide class actions under the Telephone Consumer Protection Act (TCPA) alleging that a cannabis platform sent improper text messages, obtaining dismissal of one action and successfully defending the enforceability of cannabis contracts and arbitration provisions under federal law.\u003c/p\u003e","\u003cp\u003eLead counsel for several technology companies in successfully resolving various nationwide TCPA class actions on an individual basis.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eConsumer Protection/Unfair Competition\u003c/em\u003e\u003c/strong\u003e: Lead defense counsel for a homesharing technology, obtaining early dismissal with prejudice of the first class action brought by property owners alleging improper service fees and violations of rent control laws under California\u0026rsquo;s Unfair Competition Law, followed by a complete affirmance in the California Court of Appeal.\u003c/p\u003e","\u003cp\u003eLead counsel for a ridesharing technology, successfully compelling arbitration of damages claims in a statewide class action challenging certain service fees.\u003c/p\u003e","\u003cp\u003eLead counsel for a ridesharing technology\u0026mdash;and the first counsel to successfully enforce the company\u0026rsquo;s online arbitration agreement\u0026mdash;in obtaining dismissal of a nationwide class action alleging misrepresentations and breach of contract from a promotional campaign.\u003c/p\u003e","\u003cp\u003eLead counsel for a cannabis platform in a high-profile business dispute where a Canadian competitor alleged unfair competition relating to credit card processing, raising novel issues about the legality of cannabis transactions under federal law.\u003c/p\u003e","\u003cp\u003eLead counsel in regulatory trial and appeal on behalf of a disruptive sightseeing startup, which was granted a license despite suit by a competitor alleging violations of California Public Utilities Commission rules and regulations.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTech Investigations/Regulatory Enforcements\u003c/em\u003e\u003c/strong\u003e: Numerous governmental investigations and enforcement actions (e.g., Attorney General, District Attorney, City Attorney) against technology clients on a variety of regulatory/compliance issues, including California Consumer Privacy Act (CCPA) and privacy violations; safety representations; background checks; auto-renewal and pricing practices; electric scooters and electric bicycles; employment classification; and municipal fines.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAppeals\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eCo-lead appellate counsel in the Texas Court of Appeal, obtaining reversal of the trial court\u0026rsquo;s finding of specific personal jurisdiction over a California-based fashion influencer platform accused of data scraping and intellectual property violations by a rival platform.\u003c/p\u003e","\u003cp\u003eCounsel of record in the United States Supreme Court on behalf of \u0026ldquo;on-demand\u0026rdquo; tech companies, filing an\u0026nbsp;\u003cem\u003eamicus curiae\u003c/em\u003e\u0026nbsp;brief that argued that an overbroad definition of \u0026ldquo;automatic telephone dialing system\u0026rdquo; under the TCPA would harm technology companies and stymie innovation.\u003c/p\u003e","\u003cp\u003eLead appellate counsel in the Ninth Circuit, successfully arguing that a victim of brutal domestic violence by a police officer in Mexico had been subject to torture under the international Convention Against Torture, which should not be excused under a \u0026ldquo;romantic partner\u0026rdquo; exception, in a favorable 3-0 panel decision.\u003c/p\u003e","\u003cp\u003eCounsel of record representing more than 140 Asian American and Pacific Islander (AAPI) organizations in filing an amicus curiae brief defending the use of affirmative action to advance educational diversity in the United States Supreme Court case of Fisher v. University of Texas at Austin (Fisher II), where the majority agreed that the university\u0026rsquo;s admissions policy did not harm AAPI students.\u003c/p\u003e","\u003cp\u003eAppellate counsel for a nationwide health club, successfully persuading the California Court of Appeal to dismiss a certified class action and to affirm that the plaintiffs had failed to prove class-wide consumer confusion under California's Unfair Competition Law.\u003c/p\u003e","\u003cp\u003eAppellate counsel representing the California Retailers Association and several of the world\u0026rsquo;s largest retailers as amicus curiae, advocating for the enforceability of co-tenancy clauses in commercial real estate leases in the California Court of Appeal.\u003c/p\u003e","\u003cp\u003eAppellate counsel in an important and published Ninth Circuit decision securing a new trial for an inmate who had received ineffective assistance of counsel during the plea negotiation process, and successfully defended against the State of California\u0026rsquo;s petition for certiorari in the United States Supreme Court.\u003c/p\u003e","\u003cp\u003eAppellate counsel representing Equality California throughout the closely watched litigation over California\u0026rsquo;s ban on same-sex marriage, arguing that the ban\u0026rsquo;s proponents lacked standing in federal court. Not only was this briefing specifically cited in the Ninth Circuit\u0026rsquo;s order certifying the question of standing to the California Supreme Court (Perry v. Schwarzenegger), Albert coauthored an amicus curiae brief on the standing argument that ultimately prevailed in the United States Supreme Court (Hollingsworth v. Perry).\u003c/p\u003e","\u003cp\u003eAppellate counsel in the Ninth Circuit Court of Appeals, successfully arguing for relief under the Convention Against Torture to prevent the deportation of a transgender woman who had been brutally raped and beaten by local police in Mexico, resulting in her release after more than four years in detention.\u003c/p\u003e","\u003cp\u003eAppellate counsel in the California Court of Appeal, the California Supreme Court, and the United States Supreme Court, successfully defending summary judgment on behalf of an entertainment client in an employment action brought by a former radio manager.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":2,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":3,"source":"capabilities"},{"id":6,"guid":"6.capabilities","index":4,"source":"capabilities"},{"id":15,"guid":"15.capabilities","index":5,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":6,"source":"capabilities"},{"id":750,"guid":"750.smart_tags","index":7,"source":"smartTags"},{"id":5,"guid":"5.capabilities","index":8,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":9,"source":"smartTags"},{"id":762,"guid":"762.smart_tags","index":10,"source":"smartTags"},{"id":106,"guid":"106.capabilities","index":11,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":12,"source":"capabilities"},{"id":121,"guid":"121.capabilities","index":13,"source":"capabilities"},{"id":1202,"guid":"1202.smart_tags","index":14,"source":"smartTags"}],"is_active":true,"last_name":"Giang","nick_name":"Albert","clerkships":[{"name":"Law Clerk, Hon. Richard A. Paez, U.S. Court of Appeals for the Ninth Circuit","years_held":"2003 - 2004"}],"first_name":"Albert","title_rank":9999,"updated_by":32,"law_schools":[{"id":1904,"meta":{"degree":"J.D.","honors":"Distinction","is_law_school":"1","graduation_date":"2002-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Pro Bono Award, National Asian Pacific American Bar Association","detail":"2018"},{"title":"Most Influential Minority Attorneys, Los Angeles Business Journal ","detail":"2016, 2017"},{"title":"Fellow, Legal Council on Legal Diversity ","detail":"2017"},{"title":"Advisory Council, MCCA Global TEC Forum ","detail":"2017"},{"title":"Rising Star-Appellate Litigation, Southern California Super Lawyers ","detail":"2014-2017"},{"title":"Best Under 40, NAPABA","detail":"2013"}],"linked_in_url":"https://www.linkedin.com/in/albert-giang-7b6380112","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAlbert Giang\u0026rsquo;s cutting-edge practice focuses on defending tech startups and public companies against class actions, regulatory investigation and enforcement, and other litigation, and providing crisis management for disrupters who are navigating novel legal and regulatory issues. A thought leader in the tech industry, his clients include some of the most respected companies in the gig economy, e-commerce, telemedicine, and social networking/media space. According to the Los Angeles Business Journal, Albert \u0026ldquo;has built an impressive track record for passionate advocacy on some of the most pressing legal issues \u0026ndash; a pillar of influence in the technology, appellate and pro bono fields.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAlbert offers an unmatched blend of consumer, employment, and tech expertise\u0026mdash;e.g., he led the successful defense of the first COVID class action against a gig economy company accused of failing to provide PPE to independent contractors, while also obtaining one of the\u0026nbsp;\u003cstrong\u003eTop California Verdicts of 2020\u003c/strong\u003e\u0026nbsp;that dismissed with prejudice a nationwide TCPA class action alleging robotexting. In addition to defending clients as outside litigation counsel, Albert has been asked to serve two stints in-house at a leading technology company and provides strategic counseling on novel product rollouts and regulatory issues, commercial disputes, and complex consumer and employment disputes. Albert serves as \u0026ldquo;go to\u0026rdquo; counsel for his clients on issues such as platform liability; employment and worker classification; tech investigations and regulatory enforcement (e.g., by City Attorneys, District Attorneys, or Attorneys General); marketing and advertising law (e.g., TCPA); consumer protection and unfair competition laws (e.g., UCL, CCPA); the Communications Decency Act (CDA); Terms of Service (TOS) drafting and enforcement; and mass arbitration strategy.\u003c/p\u003e\n\u003cp\u003eAlbert also specializes in appellate litigation, having represented clients in numerous cases in the United States Supreme Court, the United States Courts of Appeal, and California appellate courts. Albert has been recognized as one of the\u0026nbsp;\u003cstrong\u003eMinority Leaders of Influence of 2021\u003c/strong\u003e\u0026nbsp;by the Los Angeles Business Journal, one of the\u0026nbsp;\u003cstrong\u003eBest Under 40\u003c/strong\u003e\u0026nbsp;by the National Asian Pacific American Bar Association,\u0026nbsp;a Rising Star in the appellate field by Super Lawyers and Los Angeles magazines, and one of the\u0026nbsp;\u003cstrong\u003e500 Leading U.S. Corporate Employment Lawyers\u003c/strong\u003e\u0026nbsp;by Lawdragon.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eRecent Speaking Engagements:\u003c/strong\u003e\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003ePresenter, \u0026ldquo;Marketing Gone Wild:\u0026nbsp; Litigation and Regulatory Trends,\u0026rdquo; 2020 Marketplace Risk \u0026amp; Global Summit\u003c/li\u003e\n\u003cli\u003eProgram Chair and Presenter, \u0026ldquo;Through a Judge\u0026rsquo;s Eyes:\u0026nbsp; How Courts View Your Terms of Service,\u0026rdquo; 2019 All Hands Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Presenter, \u0026ldquo;When the Government Calls\u0026mdash;From Responding to Regulatory Fines to Articulating Your Policy Vision,\u0026rdquo; 2019 Marketplace Risk Management Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Presenter, \u0026ldquo;The Future of Marketplace Defenses: Updates and Trends in Platform Protection and Litigation,\u0026rdquo; 2018 Marketplace Risk Management Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Speaker, \u0026ldquo;A Turning Point: How the National Conversation about Diversity and Inclusion is Hitting Tech,\u0026rdquo; 2018 Minority Corporate Counsel Association G-TEC Conference, Plenary Session\u003c/li\u003e\n\u003cli\u003eSpeaker, \u0026ldquo;Ethical Issues for In-House \u0026amp; Outside Counsel,\u0026rdquo; 2017 CMCP \u0026ndash; Kaiser Permanente CLE Marathon\u003c/li\u003e\n\u003cli\u003eSpeaker, \u0026ldquo;An Ounce of Prevention\u0026mdash;Best Practices When Planning for and Facing Litigation,\u0026rdquo; 2017 Marketplace Risk Management Conference\u003c/li\u003e\n\u003cli\u003eProgram Chair and Speaker, \u0026ldquo;The Sharing Economy: Disrupting the Business and Legal Landscape,\u0026rdquo; 2016 National Asian Pacific American Bar Association Annual Convention\u003c/li\u003e\n\u003cli\u003eSpeaker, \u0026ldquo;A Panel Discussion on\u0026nbsp;\u003cem\u003eFisher v. University of Texas\u003c/em\u003e,\u0026rdquo; 2013 Asian Pacific American Bar Association of Los Angeles\u003c/li\u003e\n\u003c/ul\u003e","matters":["\u003cp\u003e\u003cstrong\u003eClass Action \u0026amp; Trial Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eEmployment/Worker Classification\u003c/em\u003e\u003c/strong\u003e: Lead defense counsel for an international insurance company in multiple class, collective, and representative actions in federal and state courts throughout the United States\u0026mdash;which allege that insurance sales agents were misclassified and were not paid for training\u0026mdash;including prevailing against nationwide Fair Labor Standards Act (\u0026ldquo;FLSA\u0026rdquo;) collective actions in Pennsylvania and Arkansas federal courts.\u003c/p\u003e","\u003cp\u003eLead defense counsel in COVID class action against a gig economy client accused of \u0026ldquo;public nuisance\u0026rdquo; and failure to provide PPE to couriers during COVID in violation of California wage-and-hour laws\u0026mdash;compelling arbitration by successfully arguing that couriers were engaged in local transactions (and not interstate workers) and did not qualify for \u0026ldquo;public injunctive relief\u0026rdquo; simply by invoking public health.\u003c/p\u003e","\u003cp\u003eLead defense counsel for several clients in governmental/regulatory investigations and audits alleging independent contractor misclassification in ABC states such as California and Massachusetts.\u003c/p\u003e","\u003cp\u003eLead defense counsel in obtaining N.D. Cal. approval of a California-wide class settlement with insurance trainees and sales agents, which was achieved in part due to counsel\u0026rsquo;s strategic invocation of a little-known exemption from AB5 and aggressive class waiver arguments.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMarketing/TCPA\u003c/em\u003e\u003c/strong\u003e: Lead strategy counsel in obtaining complete dismissal with prejudice of a nationwide \u0026ldquo;robotexting\u0026rdquo; class action in N.D. Cal., successfully arguing that the plaintiff failed to establish that a tech platform \u0026ldquo;controlled the manner and means\u0026rdquo; of the alleged marketers who sent the texts. This widely-reported decision was recognized as one of the Top California Verdicts of 2020 because of its important implications for vicarious liability under the TCPA.\u003c/p\u003e","\u003cp\u003eLead counsel in two nationwide class actions under the Telephone Consumer Protection Act (TCPA) alleging that a cannabis platform sent improper text messages, obtaining dismissal of one action and successfully defending the enforceability of cannabis contracts and arbitration provisions under federal law.\u003c/p\u003e","\u003cp\u003eLead counsel for several technology companies in successfully resolving various nationwide TCPA class actions on an individual basis.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eConsumer Protection/Unfair Competition\u003c/em\u003e\u003c/strong\u003e: Lead defense counsel for a homesharing technology, obtaining early dismissal with prejudice of the first class action brought by property owners alleging improper service fees and violations of rent control laws under California\u0026rsquo;s Unfair Competition Law, followed by a complete affirmance in the California Court of Appeal.\u003c/p\u003e","\u003cp\u003eLead counsel for a ridesharing technology, successfully compelling arbitration of damages claims in a statewide class action challenging certain service fees.\u003c/p\u003e","\u003cp\u003eLead counsel for a ridesharing technology\u0026mdash;and the first counsel to successfully enforce the company\u0026rsquo;s online arbitration agreement\u0026mdash;in obtaining dismissal of a nationwide class action alleging misrepresentations and breach of contract from a promotional campaign.\u003c/p\u003e","\u003cp\u003eLead counsel for a cannabis platform in a high-profile business dispute where a Canadian competitor alleged unfair competition relating to credit card processing, raising novel issues about the legality of cannabis transactions under federal law.\u003c/p\u003e","\u003cp\u003eLead counsel in regulatory trial and appeal on behalf of a disruptive sightseeing startup, which was granted a license despite suit by a competitor alleging violations of California Public Utilities Commission rules and regulations.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTech Investigations/Regulatory Enforcements\u003c/em\u003e\u003c/strong\u003e: Numerous governmental investigations and enforcement actions (e.g., Attorney General, District Attorney, City Attorney) against technology clients on a variety of regulatory/compliance issues, including California Consumer Privacy Act (CCPA) and privacy violations; safety representations; background checks; auto-renewal and pricing practices; electric scooters and electric bicycles; employment classification; and municipal fines.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAppeals\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eCo-lead appellate counsel in the Texas Court of Appeal, obtaining reversal of the trial court\u0026rsquo;s finding of specific personal jurisdiction over a California-based fashion influencer platform accused of data scraping and intellectual property violations by a rival platform.\u003c/p\u003e","\u003cp\u003eCounsel of record in the United States Supreme Court on behalf of \u0026ldquo;on-demand\u0026rdquo; tech companies, filing an\u0026nbsp;\u003cem\u003eamicus curiae\u003c/em\u003e\u0026nbsp;brief that argued that an overbroad definition of \u0026ldquo;automatic telephone dialing system\u0026rdquo; under the TCPA would harm technology companies and stymie innovation.\u003c/p\u003e","\u003cp\u003eLead appellate counsel in the Ninth Circuit, successfully arguing that a victim of brutal domestic violence by a police officer in Mexico had been subject to torture under the international Convention Against Torture, which should not be excused under a \u0026ldquo;romantic partner\u0026rdquo; exception, in a favorable 3-0 panel decision.\u003c/p\u003e","\u003cp\u003eCounsel of record representing more than 140 Asian American and Pacific Islander (AAPI) organizations in filing an amicus curiae brief defending the use of affirmative action to advance educational diversity in the United States Supreme Court case of Fisher v. University of Texas at Austin (Fisher II), where the majority agreed that the university\u0026rsquo;s admissions policy did not harm AAPI students.\u003c/p\u003e","\u003cp\u003eAppellate counsel for a nationwide health club, successfully persuading the California Court of Appeal to dismiss a certified class action and to affirm that the plaintiffs had failed to prove class-wide consumer confusion under California's Unfair Competition Law.\u003c/p\u003e","\u003cp\u003eAppellate counsel representing the California Retailers Association and several of the world\u0026rsquo;s largest retailers as amicus curiae, advocating for the enforceability of co-tenancy clauses in commercial real estate leases in the California Court of Appeal.\u003c/p\u003e","\u003cp\u003eAppellate counsel in an important and published Ninth Circuit decision securing a new trial for an inmate who had received ineffective assistance of counsel during the plea negotiation process, and successfully defended against the State of California\u0026rsquo;s petition for certiorari in the United States Supreme Court.\u003c/p\u003e","\u003cp\u003eAppellate counsel representing Equality California throughout the closely watched litigation over California\u0026rsquo;s ban on same-sex marriage, arguing that the ban\u0026rsquo;s proponents lacked standing in federal court. Not only was this briefing specifically cited in the Ninth Circuit\u0026rsquo;s order certifying the question of standing to the California Supreme Court (Perry v. Schwarzenegger), Albert coauthored an amicus curiae brief on the standing argument that ultimately prevailed in the United States Supreme Court (Hollingsworth v. Perry).\u003c/p\u003e","\u003cp\u003eAppellate counsel in the Ninth Circuit Court of Appeals, successfully arguing for relief under the Convention Against Torture to prevent the deportation of a transgender woman who had been brutally raped and beaten by local police in Mexico, resulting in her release after more than four years in detention.\u003c/p\u003e","\u003cp\u003eAppellate counsel in the California Court of Appeal, the California Supreme Court, and the United States Supreme Court, successfully defending summary judgment on behalf of an entertainment client in an employment action brought by a former radio manager.\u003c/p\u003e"],"recognitions":[{"title":"Pro Bono Award, National Asian Pacific American Bar Association","detail":"2018"},{"title":"Most Influential Minority Attorneys, Los Angeles Business Journal ","detail":"2016, 2017"},{"title":"Fellow, Legal Council on Legal Diversity ","detail":"2017"},{"title":"Advisory Council, MCCA Global TEC Forum ","detail":"2017"},{"title":"Rising Star-Appellate Litigation, Southern California Super Lawyers ","detail":"2014-2017"},{"title":"Best Under 40, NAPABA","detail":"2013"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":8077}]},"capability_group_id":3},"created_at":"2025-11-13T04:58:00.000Z","updated_at":"2025-11-13T04:58:00.000Z","searchable_text":"Giang{{ FIELD }}{:title=\u0026gt;\"Pro Bono Award, National Asian Pacific American Bar Association\", :detail=\u0026gt;\"2018\"}{{ FIELD }}{:title=\u0026gt;\"Most Influential Minority Attorneys, Los Angeles Business Journal \", :detail=\u0026gt;\"2016, 2017\"}{{ FIELD }}{:title=\u0026gt;\"Fellow, Legal Council on Legal Diversity \", :detail=\u0026gt;\"2017\"}{{ FIELD }}{:title=\u0026gt;\"Advisory Council, MCCA Global TEC Forum \", :detail=\u0026gt;\"2017\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star-Appellate Litigation, Southern California Super Lawyers \", :detail=\u0026gt;\"2014-2017\"}{{ FIELD }}{:title=\u0026gt;\"Best Under 40, NAPABA\", :detail=\u0026gt;\"2013\"}{{ FIELD }}Class Action \u0026amp; Trial Matters\nEmployment/Worker Classification: Lead defense counsel for an international insurance company in multiple class, collective, and representative actions in federal and state courts throughout the United States—which allege that insurance sales agents were misclassified and were not paid for training—including prevailing against nationwide Fair Labor Standards Act (“FLSA”) collective actions in Pennsylvania and Arkansas federal courts.{{ FIELD }}Lead defense counsel in COVID class action against a gig economy client accused of “public nuisance” and failure to provide PPE to couriers during COVID in violation of California wage-and-hour laws—compelling arbitration by successfully arguing that couriers were engaged in local transactions (and not interstate workers) and did not qualify for “public injunctive relief” simply by invoking public health.{{ FIELD }}Lead defense counsel for several clients in governmental/regulatory investigations and audits alleging independent contractor misclassification in ABC states such as California and Massachusetts.{{ FIELD }}Lead defense counsel in obtaining N.D. Cal. approval of a California-wide class settlement with insurance trainees and sales agents, which was achieved in part due to counsel’s strategic invocation of a little-known exemption from AB5 and aggressive class waiver arguments.{{ FIELD }}Marketing/TCPA: Lead strategy counsel in obtaining complete dismissal with prejudice of a nationwide “robotexting” class action in N.D. Cal., successfully arguing that the plaintiff failed to establish that a tech platform “controlled the manner and means” of the alleged marketers who sent the texts. This widely-reported decision was recognized as one of the Top California Verdicts of 2020 because of its important implications for vicarious liability under the TCPA.{{ FIELD }}Lead counsel in two nationwide class actions under the Telephone Consumer Protection Act (TCPA) alleging that a cannabis platform sent improper text messages, obtaining dismissal of one action and successfully defending the enforceability of cannabis contracts and arbitration provisions under federal law.{{ FIELD }}Lead counsel for several technology companies in successfully resolving various nationwide TCPA class actions on an individual basis.{{ FIELD }}Consumer Protection/Unfair Competition: Lead defense counsel for a homesharing technology, obtaining early dismissal with prejudice of the first class action brought by property owners alleging improper service fees and violations of rent control laws under California’s Unfair Competition Law, followed by a complete affirmance in the California Court of Appeal.{{ FIELD }}Lead counsel for a ridesharing technology, successfully compelling arbitration of damages claims in a statewide class action challenging certain service fees.{{ FIELD }}Lead counsel for a ridesharing technology—and the first counsel to successfully enforce the company’s online arbitration agreement—in obtaining dismissal of a nationwide class action alleging misrepresentations and breach of contract from a promotional campaign.{{ FIELD }}Lead counsel for a cannabis platform in a high-profile business dispute where a Canadian competitor alleged unfair competition relating to credit card processing, raising novel issues about the legality of cannabis transactions under federal law.{{ FIELD }}Lead counsel in regulatory trial and appeal on behalf of a disruptive sightseeing startup, which was granted a license despite suit by a competitor alleging violations of California Public Utilities Commission rules and regulations.{{ FIELD }}Tech Investigations/Regulatory Enforcements: Numerous governmental investigations and enforcement actions (e.g., Attorney General, District Attorney, City Attorney) against technology clients on a variety of regulatory/compliance issues, including California Consumer Privacy Act (CCPA) and privacy violations; safety representations; background checks; auto-renewal and pricing practices; electric scooters and electric bicycles; employment classification; and municipal fines.{{ FIELD }}Appeals\nCo-lead appellate counsel in the Texas Court of Appeal, obtaining reversal of the trial court’s finding of specific personal jurisdiction over a California-based fashion influencer platform accused of data scraping and intellectual property violations by a rival platform.{{ FIELD }}Counsel of record in the United States Supreme Court on behalf of “on-demand” tech companies, filing an amicus curiae brief that argued that an overbroad definition of “automatic telephone dialing system” under the TCPA would harm technology companies and stymie innovation.{{ FIELD }}Lead appellate counsel in the Ninth Circuit, successfully arguing that a victim of brutal domestic violence by a police officer in Mexico had been subject to torture under the international Convention Against Torture, which should not be excused under a “romantic partner” exception, in a favorable 3-0 panel decision.{{ FIELD }}Counsel of record representing more than 140 Asian American and Pacific Islander (AAPI) organizations in filing an amicus curiae brief defending the use of affirmative action to advance educational diversity in the United States Supreme Court case of Fisher v. University of Texas at Austin (Fisher II), where the majority agreed that the university’s admissions policy did not harm AAPI students.{{ FIELD }}Appellate counsel for a nationwide health club, successfully persuading the California Court of Appeal to dismiss a certified class action and to affirm that the plaintiffs had failed to prove class-wide consumer confusion under California's Unfair Competition Law.{{ FIELD }}Appellate counsel representing the California Retailers Association and several of the world’s largest retailers as amicus curiae, advocating for the enforceability of co-tenancy clauses in commercial real estate leases in the California Court of Appeal.{{ FIELD }}Appellate counsel in an important and published Ninth Circuit decision securing a new trial for an inmate who had received ineffective assistance of counsel during the plea negotiation process, and successfully defended against the State of California’s petition for certiorari in the United States Supreme Court.{{ FIELD }}Appellate counsel representing Equality California throughout the closely watched litigation over California’s ban on same-sex marriage, arguing that the ban’s proponents lacked standing in federal court. Not only was this briefing specifically cited in the Ninth Circuit’s order certifying the question of standing to the California Supreme Court (Perry v. Schwarzenegger), Albert coauthored an amicus curiae brief on the standing argument that ultimately prevailed in the United States Supreme Court (Hollingsworth v. Perry).{{ FIELD }}Appellate counsel in the Ninth Circuit Court of Appeals, successfully arguing for relief under the Convention Against Torture to prevent the deportation of a transgender woman who had been brutally raped and beaten by local police in Mexico, resulting in her release after more than four years in detention.{{ FIELD }}Appellate counsel in the California Court of Appeal, the California Supreme Court, and the United States Supreme Court, successfully defending summary judgment on behalf of an entertainment client in an employment action brought by a former radio manager.{{ FIELD }}Albert Giang’s cutting-edge practice focuses on defending tech startups and public companies against class actions, regulatory investigation and enforcement, and other litigation, and providing crisis management for disrupters who are navigating novel legal and regulatory issues. A thought leader in the tech industry, his clients include some of the most respected companies in the gig economy, e-commerce, telemedicine, and social networking/media space. According to the Los Angeles Business Journal, Albert “has built an impressive track record for passionate advocacy on some of the most pressing legal issues – a pillar of influence in the technology, appellate and pro bono fields.”\nAlbert offers an unmatched blend of consumer, employment, and tech expertise—e.g., he led the successful defense of the first COVID class action against a gig economy company accused of failing to provide PPE to independent contractors, while also obtaining one of the Top California Verdicts of 2020 that dismissed with prejudice a nationwide TCPA class action alleging robotexting. In addition to defending clients as outside litigation counsel, Albert has been asked to serve two stints in-house at a leading technology company and provides strategic counseling on novel product rollouts and regulatory issues, commercial disputes, and complex consumer and employment disputes. Albert serves as “go to” counsel for his clients on issues such as platform liability; employment and worker classification; tech investigations and regulatory enforcement (e.g., by City Attorneys, District Attorneys, or Attorneys General); marketing and advertising law (e.g., TCPA); consumer protection and unfair competition laws (e.g., UCL, CCPA); the Communications Decency Act (CDA); Terms of Service (TOS) drafting and enforcement; and mass arbitration strategy.\nAlbert also specializes in appellate litigation, having represented clients in numerous cases in the United States Supreme Court, the United States Courts of Appeal, and California appellate courts. Albert has been recognized as one of the Minority Leaders of Influence of 2021 by the Los Angeles Business Journal, one of the Best Under 40 by the National Asian Pacific American Bar Association, a Rising Star in the appellate field by Super Lawyers and Los Angeles magazines, and one of the 500 Leading U.S. Corporate Employment Lawyers by Lawdragon.\nRecent Speaking Engagements:\n\nPresenter, “Marketing Gone Wild:  Litigation and Regulatory Trends,” 2020 Marketplace Risk \u0026amp; Global Summit\nProgram Chair and Presenter, “Through a Judge’s Eyes:  How Courts View Your Terms of Service,” 2019 All Hands Conference\nProgram Chair and Presenter, “When the Government Calls—From Responding to Regulatory Fines to Articulating Your Policy Vision,” 2019 Marketplace Risk Management Conference\nProgram Chair and Presenter, “The Future of Marketplace Defenses: Updates and Trends in Platform Protection and Litigation,” 2018 Marketplace Risk Management Conference\nProgram Chair and Speaker, “A Turning Point: How the National Conversation about Diversity and Inclusion is Hitting Tech,” 2018 Minority Corporate Counsel Association G-TEC Conference, Plenary Session\nSpeaker, “Ethical Issues for In-House \u0026amp; Outside Counsel,” 2017 CMCP – Kaiser Permanente CLE Marathon\nSpeaker, “An Ounce of Prevention—Best Practices When Planning for and Facing Litigation,” 2017 Marketplace Risk Management Conference\nProgram Chair and Speaker, “The Sharing Economy: Disrupting the Business and Legal Landscape,” 2016 National Asian Pacific American Bar Association Annual Convention\nSpeaker, “A Panel Discussion on Fisher v. University of Texas,” 2013 Asian Pacific American Bar Association of Los Angeles\n Partner Pro Bono Award, National Asian Pacific American Bar Association 2018 Most Influential Minority Attorneys, Los Angeles Business Journal  2016, 2017 Fellow, Legal Council on Legal Diversity  2017 Advisory Council, MCCA Global TEC Forum  2017 Rising Star-Appellate Litigation, Southern California Super Lawyers  2014-2017 Best Under 40, NAPABA 2013 Amherst College  Stanford University Stanford Law School Supreme Court of the United States U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Central District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California Advisory Board, Marketplace Risk Board Member, Executive Advisory Council, Asian Americans Advancing Justice – Los Angeles Co-Chair, Amicus Committee, National Asian Pacific American Bar Association Law Clerk, Hon. Richard A. Paez, U.S. Court of Appeals for the Ninth Circuit Class Action \u0026amp; Trial Matters\nEmployment/Worker Classification: Lead defense counsel for an international insurance company in multiple class, collective, and representative actions in federal and state courts throughout the United States—which allege that insurance sales agents were misclassified and were not paid for training—including prevailing against nationwide Fair Labor Standards Act (“FLSA”) collective actions in Pennsylvania and Arkansas federal courts. Lead defense counsel in COVID class action against a gig economy client accused of “public nuisance” and failure to provide PPE to couriers during COVID in violation of California wage-and-hour laws—compelling arbitration by successfully arguing that couriers were engaged in local transactions (and not interstate workers) and did not qualify for “public injunctive relief” simply by invoking public health. Lead defense counsel for several clients in governmental/regulatory investigations and audits alleging independent contractor misclassification in ABC states such as California and Massachusetts. Lead defense counsel in obtaining N.D. Cal. approval of a California-wide class settlement with insurance trainees and sales agents, which was achieved in part due to counsel’s strategic invocation of a little-known exemption from AB5 and aggressive class waiver arguments. Marketing/TCPA: Lead strategy counsel in obtaining complete dismissal with prejudice of a nationwide “robotexting” class action in N.D. Cal., successfully arguing that the plaintiff failed to establish that a tech platform “controlled the manner and means” of the alleged marketers who sent the texts. This widely-reported decision was recognized as one of the Top California Verdicts of 2020 because of its important implications for vicarious liability under the TCPA. Lead counsel in two nationwide class actions under the Telephone Consumer Protection Act (TCPA) alleging that a cannabis platform sent improper text messages, obtaining dismissal of one action and successfully defending the enforceability of cannabis contracts and arbitration provisions under federal law. Lead counsel for several technology companies in successfully resolving various nationwide TCPA class actions on an individual basis. Consumer Protection/Unfair Competition: Lead defense counsel for a homesharing technology, obtaining early dismissal with prejudice of the first class action brought by property owners alleging improper service fees and violations of rent control laws under California’s Unfair Competition Law, followed by a complete affirmance in the California Court of Appeal. Lead counsel for a ridesharing technology, successfully compelling arbitration of damages claims in a statewide class action challenging certain service fees. Lead counsel for a ridesharing technology—and the first counsel to successfully enforce the company’s online arbitration agreement—in obtaining dismissal of a nationwide class action alleging misrepresentations and breach of contract from a promotional campaign. Lead counsel for a cannabis platform in a high-profile business dispute where a Canadian competitor alleged unfair competition relating to credit card processing, raising novel issues about the legality of cannabis transactions under federal law. Lead counsel in regulatory trial and appeal on behalf of a disruptive sightseeing startup, which was granted a license despite suit by a competitor alleging violations of California Public Utilities Commission rules and regulations. Tech Investigations/Regulatory Enforcements: Numerous governmental investigations and enforcement actions (e.g., Attorney General, District Attorney, City Attorney) against technology clients on a variety of regulatory/compliance issues, including California Consumer Privacy Act (CCPA) and privacy violations; safety representations; background checks; auto-renewal and pricing practices; electric scooters and electric bicycles; employment classification; and municipal fines. Appeals\nCo-lead appellate counsel in the Texas Court of Appeal, obtaining reversal of the trial court’s finding of specific personal jurisdiction over a California-based fashion influencer platform accused of data scraping and intellectual property violations by a rival platform. Counsel of record in the United States Supreme Court on behalf of “on-demand” tech companies, filing an amicus curiae brief that argued that an overbroad definition of “automatic telephone dialing system” under the TCPA would harm technology companies and stymie innovation. Lead appellate counsel in the Ninth Circuit, successfully arguing that a victim of brutal domestic violence by a police officer in Mexico had been subject to torture under the international Convention Against Torture, which should not be excused under a “romantic partner” exception, in a favorable 3-0 panel decision. Counsel of record representing more than 140 Asian American and Pacific Islander (AAPI) organizations in filing an amicus curiae brief defending the use of affirmative action to advance educational diversity in the United States Supreme Court case of Fisher v. University of Texas at Austin (Fisher II), where the majority agreed that the university’s admissions policy did not harm AAPI students. Appellate counsel for a nationwide health club, successfully persuading the California Court of Appeal to dismiss a certified class action and to affirm that the plaintiffs had failed to prove class-wide consumer confusion under California's Unfair Competition Law. Appellate counsel representing the California Retailers Association and several of the world’s largest retailers as amicus curiae, advocating for the enforceability of co-tenancy clauses in commercial real estate leases in the California Court of Appeal. Appellate counsel in an important and published Ninth Circuit decision securing a new trial for an inmate who had received ineffective assistance of counsel during the plea negotiation process, and successfully defended against the State of California’s petition for certiorari in the United States Supreme Court. Appellate counsel representing Equality California throughout the closely watched litigation over California’s ban on same-sex marriage, arguing that the ban’s proponents lacked standing in federal court. Not only was this briefing specifically cited in the Ninth Circuit’s order certifying the question of standing to the California Supreme Court (Perry v. Schwarzenegger), Albert coauthored an amicus curiae brief on the standing argument that ultimately prevailed in the United States Supreme Court (Hollingsworth v. Perry). Appellate counsel in the Ninth Circuit Court of Appeals, successfully arguing for relief under the Convention Against Torture to prevent the deportation of a transgender woman who had been brutally raped and beaten by local police in Mexico, resulting in her release after more than four years in detention. Appellate counsel in the California Court of Appeal, the California Supreme Court, and the United States Supreme Court, successfully defending summary judgment on behalf of an entertainment client in an employment action brought by a former radio manager.","searchable_name":"Albert Giang","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":426593,"version":1,"owner_type":"Person","owner_id":5003,"payload":{"bio":"\u003cp\u003eEric Gladbach defends companies in federal and state courts nationwide in complex class and mass action litigation. He has successfully litigated and managed putative class, mass and individual actions alleging false advertising, unfair business practices, unfair and deceptive trade practices, consumer fraud, consumer protection, products liability, and a wide range of common law personal injury and property damage claims.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eEric has represented clients in a wide range of industries, including some of the largest automobile manufacturers and component manufacturers, consumer product manufacturers, integrated energy companies, pharmaceutical and biotechnology manufacturers, medical device manufacturers, financial services, insurance, building supplies, and railroads.\u003c/p\u003e","slug":"eric-gladbach","email":"egladbach@kslaw.com","phone":null,"matters":["\u003cp\u003eSuccessfully represented, pro bono, a Vietnam veteran where the landlord was seeking to remove the tenant and where the landlord subsequently declared bankruptcy.\u003c/p\u003e","\u003cp\u003eSuccessfully made numerous proffers to claimants\u0026rsquo; counsel in filed and unfiled class actions alleging consumer fraud and false advertising.\u003c/p\u003e","\u003cp\u003eAdvised a safety appliance manufacturer and an integrated energy company regarding risk mitigation measures for certain products and processes.\u003c/p\u003e","\u003cp\u003eNegotiated the resolution and executed the implementation of the relief for thousands of cases and claims alleging products liability claims relating to the use of a herbicide for a multinational pharmaceutical and biotechnology company.\u003c/p\u003e","\u003cp\u003eLitigated and resolved for a safety appliance manufacturer a mass action alleging personal injury to emergency services personnel due to their use of certain protective equipment.\u003c/p\u003e","\u003cp\u003eLitigated and resolved for a global consumer products manufacturer five putative class actions pending in three federal and state courts in actions alleging false advertising and marketing.\u003c/p\u003e","\u003cp\u003eOversaw the drafting of relevant documents for, assisted in negotiating, and executed the implementation of the relief for numerous eight- and nine-figure class actions for a global automobile manufacturer. These cases were pending in federal and state MDLs consolidated actions, and individually in the United States.\u003c/p\u003e","\u003cp\u003eResolved hundreds of products liability cases involving an automobile manufacturer using a novel and streamlined Intensive Settlement Process that has been praised by federal and state courts.\u003c/p\u003e","\u003cp\u003eObtained the granting in whole or in part of motions to dismiss on behalf of a global consumer products manufacturer in putative class actions alleging false advertising and consumer fraud.\u003c/p\u003e","\u003cp\u003eObtained the partial granting of motions to dismiss on behalf of an automobile manufacturer in putative class actions alleging consumer fraud.\u003c/p\u003e","\u003cp\u003eLitigated and resolved, on behalf of an international consumer electronics manufacturer, a class action alleging defective mobile phones.\u003c/p\u003e","\u003cp\u003eSuccessfully made numerous proffers to claimants\u0026rsquo; counsel in filed and unfiled class actions alleging consumer fraud and false advertising.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":106,"guid":"106.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":761,"guid":"761.smart_tags","index":5,"source":"smartTags"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":7,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":8,"source":"capabilities"},{"id":762,"guid":"762.smart_tags","index":9,"source":"smartTags"},{"id":970,"guid":"970.smart_tags","index":10,"source":"smartTags"},{"id":112,"guid":"112.capabilities","index":11,"source":"capabilities"},{"id":125,"guid":"125.capabilities","index":12,"source":"capabilities"},{"id":1206,"guid":"1206.smart_tags","index":13,"source":"smartTags"}],"is_active":true,"last_name":"Gladbach","nick_name":"Eric","clerkships":[],"first_name":"Eric","title_rank":9999,"updated_by":101,"law_schools":[],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Named General Commercial Attorney of the Year ","detail":"Benchmark Litigation, 2017"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eEric Gladbach defends companies in federal and state courts nationwide in complex class and mass action litigation. He has successfully litigated and managed putative class, mass and individual actions alleging false advertising, unfair business practices, unfair and deceptive trade practices, consumer fraud, consumer protection, products liability, and a wide range of common law personal injury and property damage claims.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eEric has represented clients in a wide range of industries, including some of the largest automobile manufacturers and component manufacturers, consumer product manufacturers, integrated energy companies, pharmaceutical and biotechnology manufacturers, medical device manufacturers, financial services, insurance, building supplies, and railroads.\u003c/p\u003e","matters":["\u003cp\u003eSuccessfully represented, pro bono, a Vietnam veteran where the landlord was seeking to remove the tenant and where the landlord subsequently declared bankruptcy.\u003c/p\u003e","\u003cp\u003eSuccessfully made numerous proffers to claimants\u0026rsquo; counsel in filed and unfiled class actions alleging consumer fraud and false advertising.\u003c/p\u003e","\u003cp\u003eAdvised a safety appliance manufacturer and an integrated energy company regarding risk mitigation measures for certain products and processes.\u003c/p\u003e","\u003cp\u003eNegotiated the resolution and executed the implementation of the relief for thousands of cases and claims alleging products liability claims relating to the use of a herbicide for a multinational pharmaceutical and biotechnology company.\u003c/p\u003e","\u003cp\u003eLitigated and resolved for a safety appliance manufacturer a mass action alleging personal injury to emergency services personnel due to their use of certain protective equipment.\u003c/p\u003e","\u003cp\u003eLitigated and resolved for a global consumer products manufacturer five putative class actions pending in three federal and state courts in actions alleging false advertising and marketing.\u003c/p\u003e","\u003cp\u003eOversaw the drafting of relevant documents for, assisted in negotiating, and executed the implementation of the relief for numerous eight- and nine-figure class actions for a global automobile manufacturer. These cases were pending in federal and state MDLs consolidated actions, and individually in the United States.\u003c/p\u003e","\u003cp\u003eResolved hundreds of products liability cases involving an automobile manufacturer using a novel and streamlined Intensive Settlement Process that has been praised by federal and state courts.\u003c/p\u003e","\u003cp\u003eObtained the granting in whole or in part of motions to dismiss on behalf of a global consumer products manufacturer in putative class actions alleging false advertising and consumer fraud.\u003c/p\u003e","\u003cp\u003eObtained the partial granting of motions to dismiss on behalf of an automobile manufacturer in putative class actions alleging consumer fraud.\u003c/p\u003e","\u003cp\u003eLitigated and resolved, on behalf of an international consumer electronics manufacturer, a class action alleging defective mobile phones.\u003c/p\u003e","\u003cp\u003eSuccessfully made numerous proffers to claimants\u0026rsquo; counsel in filed and unfiled class actions alleging consumer fraud and false advertising.\u003c/p\u003e"],"recognitions":[{"title":"Named General Commercial Attorney of the Year ","detail":"Benchmark Litigation, 2017"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5141}]},"capability_group_id":3},"created_at":"2025-05-26T04:55:04.000Z","updated_at":"2025-05-26T04:55:04.000Z","searchable_text":"Gladbach{{ FIELD }}{:title=\u0026gt;\"Named General Commercial Attorney of the Year \", :detail=\u0026gt;\"Benchmark Litigation, 2017\"}{{ FIELD }}Successfully represented, pro bono, a Vietnam veteran where the landlord was seeking to remove the tenant and where the landlord subsequently declared bankruptcy.{{ FIELD }}Successfully made numerous proffers to claimants’ counsel in filed and unfiled class actions alleging consumer fraud and false advertising.{{ FIELD }}Advised a safety appliance manufacturer and an integrated energy company regarding risk mitigation measures for certain products and processes.{{ FIELD }}Negotiated the resolution and executed the implementation of the relief for thousands of cases and claims alleging products liability claims relating to the use of a herbicide for a multinational pharmaceutical and biotechnology company.{{ FIELD }}Litigated and resolved for a safety appliance manufacturer a mass action alleging personal injury to emergency services personnel due to their use of certain protective equipment.{{ FIELD }}Litigated and resolved for a global consumer products manufacturer five putative class actions pending in three federal and state courts in actions alleging false advertising and marketing.{{ FIELD }}Oversaw the drafting of relevant documents for, assisted in negotiating, and executed the implementation of the relief for numerous eight- and nine-figure class actions for a global automobile manufacturer. These cases were pending in federal and state MDLs consolidated actions, and individually in the United States.{{ FIELD }}Resolved hundreds of products liability cases involving an automobile manufacturer using a novel and streamlined Intensive Settlement Process that has been praised by federal and state courts.{{ FIELD }}Obtained the granting in whole or in part of motions to dismiss on behalf of a global consumer products manufacturer in putative class actions alleging false advertising and consumer fraud.{{ FIELD }}Obtained the partial granting of motions to dismiss on behalf of an automobile manufacturer in putative class actions alleging consumer fraud.{{ FIELD }}Litigated and resolved, on behalf of an international consumer electronics manufacturer, a class action alleging defective mobile phones.{{ FIELD }}Successfully made numerous proffers to claimants’ counsel in filed and unfiled class actions alleging consumer fraud and false advertising.{{ FIELD }}Eric Gladbach defends companies in federal and state courts nationwide in complex class and mass action litigation. He has successfully litigated and managed putative class, mass and individual actions alleging false advertising, unfair business practices, unfair and deceptive trade practices, consumer fraud, consumer protection, products liability, and a wide range of common law personal injury and property damage claims.\nEric has represented clients in a wide range of industries, including some of the largest automobile manufacturers and component manufacturers, consumer product manufacturers, integrated energy companies, pharmaceutical and biotechnology manufacturers, medical device manufacturers, financial services, insurance, building supplies, and railroads. Partner Named General Commercial Attorney of the Year  Benchmark Litigation, 2017 New Jersey New York Successfully represented, pro bono, a Vietnam veteran where the landlord was seeking to remove the tenant and where the landlord subsequently declared bankruptcy. Successfully made numerous proffers to claimants’ counsel in filed and unfiled class actions alleging consumer fraud and false advertising. Advised a safety appliance manufacturer and an integrated energy company regarding risk mitigation measures for certain products and processes. Negotiated the resolution and executed the implementation of the relief for thousands of cases and claims alleging products liability claims relating to the use of a herbicide for a multinational pharmaceutical and biotechnology company. Litigated and resolved for a safety appliance manufacturer a mass action alleging personal injury to emergency services personnel due to their use of certain protective equipment. Litigated and resolved for a global consumer products manufacturer five putative class actions pending in three federal and state courts in actions alleging false advertising and marketing. Oversaw the drafting of relevant documents for, assisted in negotiating, and executed the implementation of the relief for numerous eight- and nine-figure class actions for a global automobile manufacturer. These cases were pending in federal and state MDLs consolidated actions, and individually in the United States. Resolved hundreds of products liability cases involving an automobile manufacturer using a novel and streamlined Intensive Settlement Process that has been praised by federal and state courts. Obtained the granting in whole or in part of motions to dismiss on behalf of a global consumer products manufacturer in putative class actions alleging false advertising and consumer fraud. Obtained the partial granting of motions to dismiss on behalf of an automobile manufacturer in putative class actions alleging consumer fraud. Litigated and resolved, on behalf of an international consumer electronics manufacturer, a class action alleging defective mobile phones. Successfully made numerous proffers to claimants’ counsel in filed and unfiled class actions alleging consumer fraud and false advertising.","searchable_name":"Eric Gladbach","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":427195,"version":1,"owner_type":"Person","owner_id":6479,"payload":{"bio":"\u003cp\u003eJessica Gold has experience in a wide range of complex litigation, including product liability, toxic tort, pharmaceutical and medical device litigation and sales practices litigation. She has experience defending clients in mass tort actions, multi-district litigations and consumer class actions. At both the state and federal court level, Jessica works to develop and implement strategic resolution options for clients facing large-scale class actions, commercial litigation and mass torts.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJessica has helped major global corporations design and execute multijurisdictional exit strategies resulting in the resolution of thousands of mass claims.\u0026nbsp; \u0026nbsp;\u003c/p\u003e","slug":"jessica-gold","email":"jgold@kslaw.com","phone":null,"matters":["\u003cp\u003eServe as national resolution counsel to a multinational manufacturer of medical devices in all claims concerning hernia mesh products, with cases filed in federal multidistrict litigation, coordinated state court proceedings and one-off state courts across the country.\u003c/p\u003e","\u003cp\u003eServe as national resolution counsel to a medical device manufacturer of inferior vena cava (IVC) filters, with cases filed nationwide, including successfully designing and implementing a comprehensive resolution strategy that resolved the great majority of the cases pending in the litigation.\u003c/p\u003e","\u003cp\u003eRepresented a multinational medical device manufacturer as national resolution counsel in one of the country\u0026rsquo;s largest MDLs and parallel state court proceedings involving transvaginal mesh devices, including creating and executing a resolution plan and negotiating and administering large scale settlements with the plaintiffs\u0026rsquo; firms representing the bulk of the plaintiffs in the litigation.\u003c/p\u003e","\u003cp\u003eServed as resolution counsel to one of the world\u0026rsquo;s largest manufacturers of medical devices in defense of claims related to implantable intrathecal pumps.\u003c/p\u003e","\u003cp\u003eServed as part of a team that settled a set of cases for a multinational automobile manufacturer alleging breach of warranties regarding transmissions and diesel engines.\u003c/p\u003e","\u003cp\u003eRepresented a multinational pharmaceutical company as national settlement counsel in a mass tort litigation involving a chemotherapy drug product.\u003c/p\u003e","\u003cp\u003eServed as part of a team representing an automobile manufacturer in a billion-dollar settlement of one of the largest class action resolutions in the automobile industry.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":5,"source":"capabilities"},{"id":762,"guid":"762.smart_tags","index":6,"source":"smartTags"},{"id":761,"guid":"761.smart_tags","index":7,"source":"smartTags"}],"is_active":true,"last_name":"Gold","nick_name":"Jessica","clerkships":[],"first_name":"Jessica","title_rank":9999,"updated_by":32,"law_schools":[{"id":1403,"meta":{"degree":"J.D.","honors":"Magna Cum Laude","is_law_school":"1","graduation_date":"2008-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJessica Gold has experience in a wide range of complex litigation, including product liability, toxic tort, pharmaceutical and medical device litigation and sales practices litigation. She has experience defending clients in mass tort actions, multi-district litigations and consumer class actions. At both the state and federal court level, Jessica works to develop and implement strategic resolution options for clients facing large-scale class actions, commercial litigation and mass torts.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJessica has helped major global corporations design and execute multijurisdictional exit strategies resulting in the resolution of thousands of mass claims.\u0026nbsp; \u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eServe as national resolution counsel to a multinational manufacturer of medical devices in all claims concerning hernia mesh products, with cases filed in federal multidistrict litigation, coordinated state court proceedings and one-off state courts across the country.\u003c/p\u003e","\u003cp\u003eServe as national resolution counsel to a medical device manufacturer of inferior vena cava (IVC) filters, with cases filed nationwide, including successfully designing and implementing a comprehensive resolution strategy that resolved the great majority of the cases pending in the litigation.\u003c/p\u003e","\u003cp\u003eRepresented a multinational medical device manufacturer as national resolution counsel in one of the country\u0026rsquo;s largest MDLs and parallel state court proceedings involving transvaginal mesh devices, including creating and executing a resolution plan and negotiating and administering large scale settlements with the plaintiffs\u0026rsquo; firms representing the bulk of the plaintiffs in the litigation.\u003c/p\u003e","\u003cp\u003eServed as resolution counsel to one of the world\u0026rsquo;s largest manufacturers of medical devices in defense of claims related to implantable intrathecal pumps.\u003c/p\u003e","\u003cp\u003eServed as part of a team that settled a set of cases for a multinational automobile manufacturer alleging breach of warranties regarding transmissions and diesel engines.\u003c/p\u003e","\u003cp\u003eRepresented a multinational pharmaceutical company as national settlement counsel in a mass tort litigation involving a chemotherapy drug product.\u003c/p\u003e","\u003cp\u003eServed as part of a team representing an automobile manufacturer in a billion-dollar settlement of one of the largest class action resolutions in the automobile industry.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10350}]},"capability_group_id":3},"created_at":"2025-05-26T04:59:12.000Z","updated_at":"2025-05-26T04:59:12.000Z","searchable_text":"Gold{{ FIELD }}Serve as national resolution counsel to a multinational manufacturer of medical devices in all claims concerning hernia mesh products, with cases filed in federal multidistrict litigation, coordinated state court proceedings and one-off state courts across the country.{{ FIELD }}Serve as national resolution counsel to a medical device manufacturer of inferior vena cava (IVC) filters, with cases filed nationwide, including successfully designing and implementing a comprehensive resolution strategy that resolved the great majority of the cases pending in the litigation.{{ FIELD }}Represented a multinational medical device manufacturer as national resolution counsel in one of the country’s largest MDLs and parallel state court proceedings involving transvaginal mesh devices, including creating and executing a resolution plan and negotiating and administering large scale settlements with the plaintiffs’ firms representing the bulk of the plaintiffs in the litigation.{{ FIELD }}Served as resolution counsel to one of the world’s largest manufacturers of medical devices in defense of claims related to implantable intrathecal pumps.{{ FIELD }}Served as part of a team that settled a set of cases for a multinational automobile manufacturer alleging breach of warranties regarding transmissions and diesel engines.{{ FIELD }}Represented a multinational pharmaceutical company as national settlement counsel in a mass tort litigation involving a chemotherapy drug product.{{ FIELD }}Served as part of a team representing an automobile manufacturer in a billion-dollar settlement of one of the largest class action resolutions in the automobile industry.{{ FIELD }}Jessica Gold has experience in a wide range of complex litigation, including product liability, toxic tort, pharmaceutical and medical device litigation and sales practices litigation. She has experience defending clients in mass tort actions, multi-district litigations and consumer class actions. At both the state and federal court level, Jessica works to develop and implement strategic resolution options for clients facing large-scale class actions, commercial litigation and mass torts.\nJessica has helped major global corporations design and execute multijurisdictional exit strategies resulting in the resolution of thousands of mass claims.    Partner Binghamton University Binghamton University New York Law School New York Law School New York Serve as national resolution counsel to a multinational manufacturer of medical devices in all claims concerning hernia mesh products, with cases filed in federal multidistrict litigation, coordinated state court proceedings and one-off state courts across the country. Serve as national resolution counsel to a medical device manufacturer of inferior vena cava (IVC) filters, with cases filed nationwide, including successfully designing and implementing a comprehensive resolution strategy that resolved the great majority of the cases pending in the litigation. Represented a multinational medical device manufacturer as national resolution counsel in one of the country’s largest MDLs and parallel state court proceedings involving transvaginal mesh devices, including creating and executing a resolution plan and negotiating and administering large scale settlements with the plaintiffs’ firms representing the bulk of the plaintiffs in the litigation. Served as resolution counsel to one of the world’s largest manufacturers of medical devices in defense of claims related to implantable intrathecal pumps. Served as part of a team that settled a set of cases for a multinational automobile manufacturer alleging breach of warranties regarding transmissions and diesel engines. Represented a multinational pharmaceutical company as national settlement counsel in a mass tort litigation involving a chemotherapy drug product. Served as part of a team representing an automobile manufacturer in a billion-dollar settlement of one of the largest class action resolutions in the automobile industry.","searchable_name":"Jessica Gold","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":443234,"version":1,"owner_type":"Person","owner_id":4104,"payload":{"bio":"\u003cp\u003eRobert Griest is a partner in King \u0026amp; Spalding\u0026rsquo;s Atlanta office and is a member of the firm\u0026rsquo;s Business Litigation group. \u0026nbsp;Robert\u0026rsquo;s practice focuses on representing businesses in complex commercial litigation, including defending class actions and litigating high-stakes business disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRobert has extensive experience defending companies in significant consumer class actions, including numerous multidistrict litigation (MDL) matters, with an emphasis on data breach and other consumer privacy cases, Fair Credit Reporting Act (FCRA) claims, and alleged violations of consumer protection statutes.\u0026nbsp; Robert also represents clients in complex business cases, including breach of contract actions and post-deal disputes.\u003c/p\u003e\n\u003cp\u003eIn addition to litigation, Robert advises clients on insurance coverage matters relating to cyber, directors and officers (D\u0026amp;O), professional liability/errors and omissions (E\u0026amp;O), and other lines of insurance.\u003c/p\u003e\n\u003cp\u003eRobert earned his law degree from the University of Georgia School of Law, where he graduated \u003cem\u003ecum laude\u003c/em\u003e and served as a member of the Managing Board of the \u003cem\u003eGeorgia Law Review\u003c/em\u003e.\u0026nbsp; Robert received his bachelor\u0026rsquo;s degree from Princeton University.\u003c/p\u003e","slug":"robert-griest","email":"rgriest@kslaw.com","phone":null,"matters":["\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;in consolidated class litigation alleging FCRA violations for disclosure of allegedly inaccurate credit scores following coding issue\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eProgressive Casualty Insurance Company\u003c/strong\u003e\u0026nbsp;in consolidated class litigation arising from security incident suffered by third-party vendor\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eDaVita\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eNovant Health\u003c/strong\u003e\u0026nbsp;in class actions regarding pixels and web tracking technologies\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eQTS\u003c/strong\u003e\u0026nbsp;in case alleging breach of contract and gross negligence for power outage at data center\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in over 60 consumer class actions arising from data breach announced by the company in July 2019\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;in MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":12,"guid":"12.capabilities","index":3,"source":"capabilities"},{"id":6,"guid":"6.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":1176,"guid":"1176.smart_tags","index":6,"source":"smartTags"},{"id":1185,"guid":"1185.smart_tags","index":7,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":8,"source":"smartTags"}],"is_active":true,"last_name":"Griest","nick_name":"Robert","clerkships":[],"first_name":"Robert","title_rank":9999,"updated_by":35,"law_schools":[{"id":2190,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"2013-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRobert Griest is a partner in King \u0026amp; Spalding\u0026rsquo;s Atlanta office and is a member of the firm\u0026rsquo;s Business Litigation group. \u0026nbsp;Robert\u0026rsquo;s practice focuses on representing businesses in complex commercial litigation, including defending class actions and litigating high-stakes business disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRobert has extensive experience defending companies in significant consumer class actions, including numerous multidistrict litigation (MDL) matters, with an emphasis on data breach and other consumer privacy cases, Fair Credit Reporting Act (FCRA) claims, and alleged violations of consumer protection statutes.\u0026nbsp; Robert also represents clients in complex business cases, including breach of contract actions and post-deal disputes.\u003c/p\u003e\n\u003cp\u003eIn addition to litigation, Robert advises clients on insurance coverage matters relating to cyber, directors and officers (D\u0026amp;O), professional liability/errors and omissions (E\u0026amp;O), and other lines of insurance.\u003c/p\u003e\n\u003cp\u003eRobert earned his law degree from the University of Georgia School of Law, where he graduated \u003cem\u003ecum laude\u003c/em\u003e and served as a member of the Managing Board of the \u003cem\u003eGeorgia Law Review\u003c/em\u003e.\u0026nbsp; Robert received his bachelor\u0026rsquo;s degree from Princeton University.\u003c/p\u003e","matters":["\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;in consolidated class litigation alleging FCRA violations for disclosure of allegedly inaccurate credit scores following coding issue\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eProgressive Casualty Insurance Company\u003c/strong\u003e\u0026nbsp;in consolidated class litigation arising from security incident suffered by third-party vendor\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eDaVita\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eNovant Health\u003c/strong\u003e\u0026nbsp;in class actions regarding pixels and web tracking technologies\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eQTS\u003c/strong\u003e\u0026nbsp;in case alleging breach of contract and gross negligence for power outage at data center\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in over 60 consumer class actions arising from data breach announced by the company in July 2019\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;in MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13203}]},"capability_group_id":3},"created_at":"2025-11-24T19:24:59.000Z","updated_at":"2025-11-24T19:24:59.000Z","searchable_text":"Griest{{ FIELD }}Defending Capital One in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products{{ FIELD }}Defending Equifax in consolidated class litigation alleging FCRA violations for disclosure of allegedly inaccurate credit scores following coding issue{{ FIELD }}Defending Progressive Casualty Insurance Company in consolidated class litigation arising from security incident suffered by third-party vendor{{ FIELD }}Defended DaVita and Novant Health in class actions regarding pixels and web tracking technologies{{ FIELD }}Represented QTS in case alleging breach of contract and gross negligence for power outage at data center{{ FIELD }}Represented Capital One in over 60 consumer class actions arising from data breach announced by the company in July 2019{{ FIELD }}Represented Equifax in MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach{{ FIELD }}Robert Griest is a partner in King \u0026amp; Spalding’s Atlanta office and is a member of the firm’s Business Litigation group.  Robert’s practice focuses on representing businesses in complex commercial litigation, including defending class actions and litigating high-stakes business disputes.\nRobert has extensive experience defending companies in significant consumer class actions, including numerous multidistrict litigation (MDL) matters, with an emphasis on data breach and other consumer privacy cases, Fair Credit Reporting Act (FCRA) claims, and alleged violations of consumer protection statutes.  Robert also represents clients in complex business cases, including breach of contract actions and post-deal disputes.\nIn addition to litigation, Robert advises clients on insurance coverage matters relating to cyber, directors and officers (D\u0026amp;O), professional liability/errors and omissions (E\u0026amp;O), and other lines of insurance.\nRobert earned his law degree from the University of Georgia School of Law, where he graduated cum laude and served as a member of the Managing Board of the Georgia Law Review.  Robert received his bachelor’s degree from Princeton University. Partner Princeton University  University of Georgia University of Georgia School of Law U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Western District of Tennessee U.S. District Court for the District of Colorado U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Georgia Lumpkin Inn of Court 2018 - 2020 Defending Capital One in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products Defending Equifax in consolidated class litigation alleging FCRA violations for disclosure of allegedly inaccurate credit scores following coding issue Defending Progressive Casualty Insurance Company in consolidated class litigation arising from security incident suffered by third-party vendor Defended DaVita and Novant Health in class actions regarding pixels and web tracking technologies Represented QTS in case alleging breach of contract and gross negligence for power outage at data center Represented Capital One in over 60 consumer class actions arising from data breach announced by the company in July 2019 Represented Equifax in MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach","searchable_name":"Robert Griest","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":443287,"version":1,"owner_type":"Person","owner_id":3522,"payload":{"bio":"\u003cp\u003eUlf Grundmann is a partner of the Government Matters Practice Group, and focuses on regulations and compliance regarding the pharmaceutical, medical devices, cosmetic and food industries, and on litigation in the European Union. For more than 28 years, Ulf has advised clients through all stages of the product life cycle, including product development, trademark clearance, labeling, advertising and promotion, product launch, distribution, licensing and compliance in the EU. He also handles all kinds of litigation related to the products, the distribution, intellectual property rights, competition and advertising. This includes aspects related to parallel imports, protection against falsified products, recalls, and product end-of-life. He litigates matters before German and European courts, including the General Court and the Court of Justice of the EU.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eUlf counsels clients in the European Union on regulatory, unfair competition and compliance laws, and represents clients before national and European authorities, including the European Commission. He also works with life science companies on corporate and financial transactions.\u003c/p\u003e\n\u003cp\u003eAs frequent author, speaker and moderator at life sciences and food conferences, Ulf also serves as a lecturer at the Frankfurt School of Finance and Management as well as the DeutscheAnwaltsAkademie.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eLMG Life Sciences EMEA\u003c/em\u003e\u0026nbsp;2023 named Ulf a\u0026nbsp;\"Parallel Import Lawyer of the Year\" for the second following year.\u0026nbsp;\u003cem\u003eJUVE\u003c/em\u003e\u0026nbsp;2023/24\u0026nbsp;named\u0026nbsp;him a \"Leading Name\" for pharmaceutical and medical devices law for the third\u0026nbsp;year in a row. \u003cem\u003eLegal 500 Deutschland\u003c/em\u003e recommends him as leading lawyer in the categories Healthcare and Life Sciences, Consumer Goods and Food Law and Intellectual Property: Unfair Competition. He has been recognized among Germany's leading lawyers for pharmaceuticals, medical devices and food law by legal directories such as\u0026nbsp;\u003cem\u003eJUVE\u003c/em\u003e,\u0026nbsp;\u003cem\u003eLegal 500, Handelsblatt \u003c/em\u003eand\u003cem\u003e best lawyers\u0026nbsp;\u003c/em\u003eand\u003cem\u003e\u0026nbsp;Who's Who Legal\u0026nbsp;\u003c/em\u003efor many years.\u003c/p\u003e\n\u003cp\u003eUlf is counseling clients from the Frankfurt office and temporarily from the Brussels office.\u003c/p\u003e","slug":"ulf-grundmann","email":"ugrundmann@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[{"id":81}]},"expertise":[{"id":21,"guid":"21.capabilities","index":0,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":1,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":2,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":3,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":4,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":5,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":6,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":7,"source":"capabilities"},{"id":104,"guid":"104.capabilities","index":8,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":9,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":10,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":11,"source":"capabilities"},{"id":1303,"guid":"1303.smart_tags","index":12,"source":"smartTags"},{"id":114,"guid":"114.capabilities","index":13,"source":"capabilities"},{"id":122,"guid":"122.capabilities","index":14,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":15,"source":"capabilities"}],"is_active":true,"last_name":"Grundmann","nick_name":"Ulf","clerkships":[],"first_name":"Ulf","title_rank":9999,"updated_by":35,"law_schools":[],"middle_name":"H.","name_suffix":"","recognitions":[{"title":"Life Sciences Law Firm of the Year Germany","detail":"LMG Life Sciences EMEA, 2023 \u0026 2025"},{"title":"Law Firm Parallel Trade EMEA","detail":"LMG Life Sciences EMEA, 2023"},{"title":"Recommended Lawyer for Life Sciences and Healthcare \u0026 Life Sciences","detail":"Lexology Index (formerly Who's Who Legal) 2025"},{"title":"\"Quick and creative solutions, very good industry knowledge, skillful tactician, especially in court hearings\" ","detail":"Legal 500 Deutschland 2025, Quoting clients"},{"title":"Parallel Import Lawyer of the Year","detail":"LMG Life Sciences EMEA Awards 2022,2023 and 2024"},{"title":"Winner of the Life Sciences category in Germany, an award based on client nominations ","detail":"Client Choice Awards, 2022"},{"title":"\"Leading Name\" for Pharma- and Medical Devices Law","detail":"JUVE, 2020/21-2023/24"},{"title":"Recommended Lawyer for Healthcare and Life Sciences, Consumer Products and Food Law, IP: Unfair Competition","detail":"Legal 500 Deutschland, 2023"},{"title":"\"Ulf Grundmann has a lot of experience and excellent expertise regarding patent and trademark law in the life sciences.\"","detail":"Legal 500 Deutschland 2023, Quoting clients"},{"title":"\"Solves complex issues with a lot of creativity and offers alternative perspectives that [...] lead to better results.\"","detail":"Legal 500 Deutschland 2023, Quoting clients"},{"title":"Recognized one of Germany's Best Intellectual Property Dispute Resolution, Pharmaceuticals and Biotechnology Lawyers","detail":"Handelsblatt and Best Lawyers, 2024-2025"},{"title":"“first choice\"; \"very satisfied\", \"excellent trial lawyer\"","detail":" JUVE, 2021/22, Quoting clients"},{"title":"Recommended Lawyer for Pharmaceuticals and Medical Products and Food Law","detail":"JUVE, 2014/15 - 2023/24"},{"title":"Recognized as National Leader for Life Sciences - Regulatory","detail":"Who's Who Legal, 2021"},{"title":"\"Reliable and excellent in terms of content\" ","detail":"JUVE, 2020/21, Quoting clients"},{"title":"\"Very knowledgeable in life sciences and up to date on any developments on the market.\" ","detail":"Legal 500 Deutschland 2021, Quoting Clients"},{"title":"\"Fast + creative solutions, very good industry knowledge, skilled tactician especially in court proceedings.” ","detail":"Legal 500 Deutschland 2025, Quoting Clients"},{"title":"\"Direct, agile, assertive and client-oriented.” ","detail":"Legal 500 Deutschland 2021, Quoting clients"},{"title":"\"Highly experienced in pharmaceutical, competition, food, trademark and European law” ","detail":"Legal 500 Deutschland 2020, Quoting clients"},{"title":"\"Stands out for his market-leading expertise in compliance to EU regulations in the life sciences sector\" ","detail":"Who's Who Legal Germany, 2020"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"de":{"bio":"\u003cp\u003eUlf Grundmann ist Partner im Frankfurter B\u0026uuml;ro von King \u0026amp; Spalding und Mitglied der Life Sciences-Praxisgruppe. Als Kopf der in 2014 gegr\u0026uuml;ndeten deutschen Life Sciences-Praxis ber\u0026auml;t Ulf Grundmann Hersteller der Medizinprodukte-, Pharma-, Kosmetik- und Lebensmittelbranche und vertritt sie in Rechtsstreitigkeiten seit \u0026uuml;ber 28 Jahren in verschiedenen Phasen des Produktlebenszyklus einschlie\u0026szlig;lich Produktentwicklung, Etikettierung, Werbung und Promotion, Produktmarkteinf\u0026uuml;hrung, Vertrieb, Compliance, hinsichtlich Aspekte im Zusammenhang mit Parallelimporten, Schutz vor gef\u0026auml;lschter Ware, R\u0026uuml;ckrufaktionen sowie End-of-Life-Phase. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eHerr Grundmann ber\u0026auml;t Mandanten in allen Bereichen von EU-rechtlichen Angelegenheiten, unlauterem Wettbewerb und Compliance und vertritt Unternehmen vor nationalen und europ\u0026auml;ischen Beh\u0026ouml;rden, einschlie\u0026szlig;lich der Europ\u0026auml;ischen Kommission. Ulf Grundmann ist seit vielen Jahren als Prozessanwalt, speziell in Berufungsverfahren, t\u0026auml;tig und vertritt Mandanten vor deutschen und europ\u0026auml;ischen Gerichten, einschlie\u0026szlig;lich dem Gericht der Europ\u0026auml;ischen Union und dem Europ\u0026auml;ischen Gerichtshof.\u003c/p\u003e\n\u003cp\u003eUlf Grundmann tritt regelm\u0026auml;\u0026szlig;ig bei verschiedenen Life Sciences und Lebensmittel-Konferenzen als Sprecher und Moderator auf. Au\u0026szlig;erdem ist er als Mitglied des \u0026bdquo;Corporate Advisory Board\u0026ldquo; und Dozent f\u0026uuml;r die Frankfurt School of Finance and Management und f\u0026uuml;r die Deutsche Anwalts Akademie t\u0026auml;tig. Er arbeitet dar\u0026uuml;ber hinaus als Herausgeber der Fachzeitschrift \u003cem\u003eLebensmittel \u0026amp; Recht\u003c/em\u003e, als Autor f\u0026uuml;r das \u003cem\u003eM\u0026uuml;nchener Anwaltshandbuch Gewerblicher Rechtsschutz\u003c/em\u003e und als Herausgeber und Autor f\u0026uuml;r die Publikation \u003cem\u003eGesundheitsbezogene Lebensmittel\u003c/em\u003e.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eLMG Life Sciences EMEA\u003c/em\u003e 2023 hat Ulf Grundmann das zweite Jahr in Folge zum \"Parallel Import Lawyer of the Year\" ausgezeichnet. J\u003cem\u003eUVE \u003c/em\u003e2023/24 f\u0026uuml;hrt\u0026nbsp;ihn das dritte Jahr in Folge als \"F\u0026uuml;hrenden Namen\" im Pharma- und Medizinprodukterecht\u003cstrong\u003e. \u003c/strong\u003e\u003cem\u003eLegal 500 Deutschland\u003c/em\u003e\u0026nbsp;empfiehlt Ulf Grundmann unter den f\u0026uuml;hrenden Namen f\u0026uuml;r Branchenfokus: Gesundheit, Konsumg\u0026uuml;ter und Lebensmittelrecht sowie Gewerblicher Rechtsschutz: Wettbewerbsrecht. Er wird seit vielen Jahren als Experte in Publikationen wie \u003cem\u003eJUVE\u003c/em\u003e, \u003cem\u003eLegal 500, Handelsblatt\u003c/em\u003e\u0026nbsp;und best\u003cem\u003e lawyers\u0026nbsp;\u003c/em\u003eund\u003cem\u003e Whos\u0026rsquo;s Who Legal \u003c/em\u003eempfohlen f\u0026uuml;r die Bereiche Pharma, Medizinprodukte und Lebensmittelrecht.\u003c/p\u003e","recognitions":[{"title":"Gewinner der Kategorie \"Life Sciences\" in Deutschland; der Award beruht auf Nominierungen von Mandanten","detail":"Client Choice Awards, 2022"},{"title":"\"Parallel Import Lawyer of the Year\"","detail":"LMG Life Sciences EMEA Awards 2022 und 2023"},{"title":"\"Führender Berater\" im Bereich Pharma- und Medizinprodukterecht ","detail":"JUVE, 2020/21-2023/25"},{"title":"Empfohlen als Anwalt für die Bereiche Pharma- und Medizinprodukterecht sowie Lebensmittelrecht","detail":"JUVE, 2014/15-2023/25"},{"title":"Empfohlen als Anwalt für die Bereiche Branchenfokus: Gesundheit, Konsumgüter und Lebensmittelrecht sowie Gewerblicher Rechtsschutz: Wettbewerbsrecht","detail":"Legal 500 Deutschland, 2023"},{"title":"\"Ulf Grundmann hat viel Erfahrung und ausgezeichnete Expertise bezüglich Patent- und Markenrecht in den Life Sciences.\"","detail":"Legal 500 Deutschland, 2023 - Mandant"},{"title":"Er löst komplexe Sachverhalte mit viel Kreativität und bietet alternative Sichtweisen, die regelmäßig zu besseren Ergebnissen führen.’","detail":"Legal 500 Deutschland, 2023 - Mandant"},{"title":"Empfohlen unter den besten Anwälten Deutschlands für Gewerblicher Rechtsschutz und Pharmarecht","detail":"Handelsblatt und best lawyers, 2023"},{"title":"„erste Wahl“; „sehr zufrieden“; „exzellenter Prozessanwalt“","detail":"JUVE 2021/22 - Mandanten"},{"title":"\"führt sein Team effizient und bietet kreative Lösungsansätze. Sehr gute Kenntnisse in den Life Sciences und auf dem neuesten Stand über jegliche Neuerungen. Direkt, agil, durchsetzungsstark und mandantenorientiert.\"","detail":"Legal 500 Deutschland, 2021 - Mandant"},{"title":"„zuverlässig u. inhaltl. ausgezeichnet“,","detail":"JUVE 2020/21 - Mandant"},{"title":"\"Sehr erfahren im Pharma-, Wettbewerbs-, Lebensmittel-, Marken- und Europarecht\"","detail":"Legal 500 Deutschland, 2020"},{"title":"\"Stands out for his market-leading expertise in compliance to EU regulations in the life sciences sector\"","detail":"Who is Who Legal, 2020"},{"title":"Empfohlen für Healthcare \u0026 Life Sciences - Regulatory","detail":"Lexology Index (ehem. Who's Who Legal) 2025"}]},"en":{"bio":"\u003cp\u003eUlf Grundmann is a partner of the Government Matters Practice Group, and focuses on regulations and compliance regarding the pharmaceutical, medical devices, cosmetic and food industries, and on litigation in the European Union. For more than 28 years, Ulf has advised clients through all stages of the product life cycle, including product development, trademark clearance, labeling, advertising and promotion, product launch, distribution, licensing and compliance in the EU. He also handles all kinds of litigation related to the products, the distribution, intellectual property rights, competition and advertising. This includes aspects related to parallel imports, protection against falsified products, recalls, and product end-of-life. He litigates matters before German and European courts, including the General Court and the Court of Justice of the EU.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eUlf counsels clients in the European Union on regulatory, unfair competition and compliance laws, and represents clients before national and European authorities, including the European Commission. He also works with life science companies on corporate and financial transactions.\u003c/p\u003e\n\u003cp\u003eAs frequent author, speaker and moderator at life sciences and food conferences, Ulf also serves as a lecturer at the Frankfurt School of Finance and Management as well as the DeutscheAnwaltsAkademie.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eLMG Life Sciences EMEA\u003c/em\u003e\u0026nbsp;2023 named Ulf a\u0026nbsp;\"Parallel Import Lawyer of the Year\" for the second following year.\u0026nbsp;\u003cem\u003eJUVE\u003c/em\u003e\u0026nbsp;2023/24\u0026nbsp;named\u0026nbsp;him a \"Leading Name\" for pharmaceutical and medical devices law for the third\u0026nbsp;year in a row. \u003cem\u003eLegal 500 Deutschland\u003c/em\u003e recommends him as leading lawyer in the categories Healthcare and Life Sciences, Consumer Goods and Food Law and Intellectual Property: Unfair Competition. He has been recognized among Germany's leading lawyers for pharmaceuticals, medical devices and food law by legal directories such as\u0026nbsp;\u003cem\u003eJUVE\u003c/em\u003e,\u0026nbsp;\u003cem\u003eLegal 500, Handelsblatt \u003c/em\u003eand\u003cem\u003e best lawyers\u0026nbsp;\u003c/em\u003eand\u003cem\u003e\u0026nbsp;Who's Who Legal\u0026nbsp;\u003c/em\u003efor many years.\u003c/p\u003e\n\u003cp\u003eUlf is counseling clients from the Frankfurt office and temporarily from the Brussels office.\u003c/p\u003e","recognitions":[{"title":"Life Sciences Law Firm of the Year Germany","detail":"LMG Life Sciences EMEA, 2023 \u0026 2025"},{"title":"Law Firm Parallel Trade EMEA","detail":"LMG Life Sciences EMEA, 2023"},{"title":"Recommended Lawyer for Life Sciences and Healthcare \u0026 Life Sciences","detail":"Lexology Index (formerly Who's Who Legal) 2025"},{"title":"\"Quick and creative solutions, very good industry knowledge, skillful tactician, especially in court hearings\" ","detail":"Legal 500 Deutschland 2025, Quoting clients"},{"title":"Parallel Import Lawyer of the Year","detail":"LMG Life Sciences EMEA Awards 2022,2023 and 2024"},{"title":"Winner of the Life Sciences category in Germany, an award based on client nominations ","detail":"Client Choice Awards, 2022"},{"title":"\"Leading Name\" for Pharma- and Medical Devices Law","detail":"JUVE, 2020/21-2023/24"},{"title":"Recommended Lawyer for Healthcare and Life Sciences, Consumer Products and Food Law, IP: Unfair Competition","detail":"Legal 500 Deutschland, 2023"},{"title":"\"Ulf Grundmann has a lot of experience and excellent expertise regarding patent and trademark law in the life sciences.\"","detail":"Legal 500 Deutschland 2023, Quoting clients"},{"title":"\"Solves complex issues with a lot of creativity and offers alternative perspectives that [...] lead to better results.\"","detail":"Legal 500 Deutschland 2023, Quoting clients"},{"title":"Recognized one of Germany's Best Intellectual Property Dispute Resolution, Pharmaceuticals and Biotechnology Lawyers","detail":"Handelsblatt and Best Lawyers, 2024-2025"},{"title":"“first choice\"; \"very satisfied\", \"excellent trial lawyer\"","detail":" JUVE, 2021/22, Quoting clients"},{"title":"Recommended Lawyer for Pharmaceuticals and Medical Products and Food Law","detail":"JUVE, 2014/15 - 2023/24"},{"title":"Recognized as National Leader for Life Sciences - Regulatory","detail":"Who's Who Legal, 2021"},{"title":"\"Reliable and excellent in terms of content\" ","detail":"JUVE, 2020/21, Quoting clients"},{"title":"\"Very knowledgeable in life sciences and up to date on any developments on the market.\" ","detail":"Legal 500 Deutschland 2021, Quoting Clients"},{"title":"\"Fast + creative solutions, very good industry knowledge, skilled tactician especially in court proceedings.” ","detail":"Legal 500 Deutschland 2025, Quoting Clients"},{"title":"\"Direct, agile, assertive and client-oriented.” ","detail":"Legal 500 Deutschland 2021, Quoting clients"},{"title":"\"Highly experienced in pharmaceutical, competition, food, trademark and European law” ","detail":"Legal 500 Deutschland 2020, Quoting clients"},{"title":"\"Stands out for his market-leading expertise in compliance to EU regulations in the life sciences sector\" ","detail":"Who's Who Legal Germany, 2020"}]},"locales":["en","de"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":888}]},"capability_group_id":2},"created_at":"2025-11-26T21:37:35.000Z","updated_at":"2025-11-26T21:37:35.000Z","searchable_text":"Grundmann{{ FIELD }}{:title=\u0026gt;\"Life Sciences Law Firm of the Year Germany\", :detail=\u0026gt;\"LMG Life Sciences EMEA, 2023 \u0026amp; 2025\"}{{ FIELD }}{:title=\u0026gt;\"Law Firm Parallel Trade EMEA\", :detail=\u0026gt;\"LMG Life Sciences EMEA, 2023\"}{{ FIELD }}{:title=\u0026gt;\"Recommended Lawyer for Life Sciences and Healthcare \u0026amp; Life Sciences\", :detail=\u0026gt;\"Lexology Index (formerly Who's Who Legal) 2025\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Quick and creative solutions, very good industry knowledge, skillful tactician, especially in court hearings\\\" \", :detail=\u0026gt;\"Legal 500 Deutschland 2025, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"Parallel Import Lawyer of the Year\", :detail=\u0026gt;\"LMG Life Sciences EMEA Awards 2022,2023 and 2024\"}{{ FIELD }}{:title=\u0026gt;\"Winner of the Life Sciences category in Germany, an award based on client nominations \", :detail=\u0026gt;\"Client Choice Awards, 2022\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Leading Name\\\" for Pharma- and Medical Devices Law\", :detail=\u0026gt;\"JUVE, 2020/21-2023/24\"}{{ FIELD }}{:title=\u0026gt;\"Recommended Lawyer for Healthcare and Life Sciences, Consumer Products and Food Law, IP: Unfair Competition\", :detail=\u0026gt;\"Legal 500 Deutschland, 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Ulf Grundmann has a lot of experience and excellent expertise regarding patent and trademark law in the life sciences.\\\"\", :detail=\u0026gt;\"Legal 500 Deutschland 2023, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Solves complex issues with a lot of creativity and offers alternative perspectives that [...] lead to better results.\\\"\", :detail=\u0026gt;\"Legal 500 Deutschland 2023, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"Recognized one of Germany's Best Intellectual Property Dispute Resolution, Pharmaceuticals and Biotechnology Lawyers\", :detail=\u0026gt;\"Handelsblatt and Best Lawyers, 2024-2025\"}{{ FIELD }}{:title=\u0026gt;\"“first choice\\\"; \\\"very satisfied\\\", \\\"excellent trial lawyer\\\"\", :detail=\u0026gt;\" JUVE, 2021/22, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"Recommended Lawyer for Pharmaceuticals and Medical Products and Food Law\", :detail=\u0026gt;\"JUVE, 2014/15 - 2023/24\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as National Leader for Life Sciences - Regulatory\", :detail=\u0026gt;\"Who's Who Legal, 2021\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Reliable and excellent in terms of content\\\" \", :detail=\u0026gt;\"JUVE, 2020/21, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Very knowledgeable in life sciences and up to date on any developments on the market.\\\" \", :detail=\u0026gt;\"Legal 500 Deutschland 2021, Quoting Clients\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Fast + creative solutions, very good industry knowledge, skilled tactician especially in court proceedings.” \", :detail=\u0026gt;\"Legal 500 Deutschland 2025, Quoting Clients\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Direct, agile, assertive and client-oriented.” \", :detail=\u0026gt;\"Legal 500 Deutschland 2021, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Highly experienced in pharmaceutical, competition, food, trademark and European law” \", :detail=\u0026gt;\"Legal 500 Deutschland 2020, Quoting clients\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Stands out for his market-leading expertise in compliance to EU regulations in the life sciences sector\\\" \", :detail=\u0026gt;\"Who's Who Legal Germany, 2020\"}{{ FIELD }}Ulf Grundmann is a partner of the Government Matters Practice Group, and focuses on regulations and compliance regarding the pharmaceutical, medical devices, cosmetic and food industries, and on litigation in the European Union. For more than 28 years, Ulf has advised clients through all stages of the product life cycle, including product development, trademark clearance, labeling, advertising and promotion, product launch, distribution, licensing and compliance in the EU. He also handles all kinds of litigation related to the products, the distribution, intellectual property rights, competition and advertising. This includes aspects related to parallel imports, protection against falsified products, recalls, and product end-of-life. He litigates matters before German and European courts, including the General Court and the Court of Justice of the EU.\nUlf counsels clients in the European Union on regulatory, unfair competition and compliance laws, and represents clients before national and European authorities, including the European Commission. He also works with life science companies on corporate and financial transactions.\nAs frequent author, speaker and moderator at life sciences and food conferences, Ulf also serves as a lecturer at the Frankfurt School of Finance and Management as well as the DeutscheAnwaltsAkademie.\nLMG Life Sciences EMEA 2023 named Ulf a \"Parallel Import Lawyer of the Year\" for the second following year. JUVE 2023/24 named him a \"Leading Name\" for pharmaceutical and medical devices law for the third year in a row. Legal 500 Deutschland recommends him as leading lawyer in the categories Healthcare and Life Sciences, Consumer Goods and Food Law and Intellectual Property: Unfair Competition. He has been recognized among Germany's leading lawyers for pharmaceuticals, medical devices and food law by legal directories such as JUVE, Legal 500, Handelsblatt and best lawyers and Who's Who Legal for many years.\nUlf is counseling clients from the Frankfurt office and temporarily from the Brussels office. Ulf H Grundmann Partner Life Sciences Law Firm of the Year Germany LMG Life Sciences EMEA, 2023 \u0026amp; 2025 Law Firm Parallel Trade EMEA LMG Life Sciences EMEA, 2023 Recommended Lawyer for Life Sciences and Healthcare \u0026amp; Life Sciences Lexology Index (formerly Who's Who Legal) 2025 \"Quick and creative solutions, very good industry knowledge, skillful tactician, especially in court hearings\"  Legal 500 Deutschland 2025, Quoting clients Parallel Import Lawyer of the Year LMG Life Sciences EMEA Awards 2022,2023 and 2024 Winner of the Life Sciences category in Germany, an award based on client nominations  Client Choice Awards, 2022 \"Leading Name\" for Pharma- and Medical Devices Law JUVE, 2020/21-2023/24 Recommended Lawyer for Healthcare and Life Sciences, Consumer Products and Food Law, IP: Unfair Competition Legal 500 Deutschland, 2023 \"Ulf Grundmann has a lot of experience and excellent expertise regarding patent and trademark law in the life sciences.\" Legal 500 Deutschland 2023, Quoting clients \"Solves complex issues with a lot of creativity and offers alternative perspectives that [...] lead to better results.\" Legal 500 Deutschland 2023, Quoting clients Recognized one of Germany's Best Intellectual Property Dispute Resolution, Pharmaceuticals and Biotechnology Lawyers Handelsblatt and Best Lawyers, 2024-2025 “first choice\"; \"very satisfied\", \"excellent trial lawyer\"  JUVE, 2021/22, Quoting clients Recommended Lawyer for Pharmaceuticals and Medical Products and Food Law JUVE, 2014/15 - 2023/24 Recognized as National Leader for Life Sciences - Regulatory Who's Who Legal, 2021 \"Reliable and excellent in terms of content\"  JUVE, 2020/21, Quoting clients \"Very knowledgeable in life sciences and up to date on any developments on the market.\"  Legal 500 Deutschland 2021, Quoting Clients \"Fast + creative solutions, very good industry knowledge, skilled tactician especially in court proceedings.”  Legal 500 Deutschland 2025, Quoting Clients \"Direct, agile, assertive and client-oriented.”  Legal 500 Deutschland 2021, Quoting clients \"Highly experienced in pharmaceutical, competition, food, trademark and European law”  Legal 500 Deutschland 2020, Quoting clients \"Stands out for his market-leading expertise in compliance to EU regulations in the life sciences sector\"  Who's Who Legal Germany, 2020 Germany Frankfurt, Germany (Admitted 1/9/1995; Reg. # 127327)","searchable_name":"Ulf H. Grundmann","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":447780,"version":1,"owner_type":"Person","owner_id":6782,"payload":{"bio":"\u003cp\u003eJohn represents clients in the financial services, sports, media, and entertainment industries in a broad range of complex business litigation. He has extensive experience with contract and securities claims, corporate governance and shareholder disputes, class actions, and regulatory investigations. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJohn has litigated matters on behalf of plaintiffs and defendants\u0026nbsp;in state and federal court. Prior to joining King \u0026amp; Spalding, John worked in the New York offices of two other global law firms and clerked for the Hon. William F. 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[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJohn has litigated matters on behalf of plaintiffs and defendants\u0026nbsp;in state and federal court. Prior to joining King \u0026amp; Spalding, John worked in the New York offices of two other global law firms and clerked for the Hon. William F. 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obtained preliminary and permanent injunctions prohibiting the borrowers from transferring collateral intended to secure the disputed loans\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emedical technology company\u0026nbsp;\u003c/strong\u003ein a successful petition for pre-action discovery in New York state court into the identity of individuals waging an anonymous campaign of online defamation\u003c/p\u003e","\u003cp\u003eRepresented an\u0026nbsp;\u003cstrong\u003einvestment bank\u003c/strong\u003e\u0026nbsp;in a Third Circuit appeal of a closely watched indemnification lawsuit; obtained affirmance of lower court victory\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003enational insurance provider\u0026nbsp;\u003c/strong\u003ein federal litigation against the California Department of Insurance contesting a conservation order\u003c/p\u003e","\u003cp\u003eRepresented a\u003cstrong\u003e\u0026nbsp;major financial institution\u003c/strong\u003e\u0026nbsp;in a set of antitrust class actions alleging manipulation of the price of precious metals\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ea hedge fund\u0026nbsp;\u003c/strong\u003ein a Delaware adversary bankruptcy proceeding and trial against a media company debtor\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003egroup of market insurers\u003c/strong\u003e\u0026nbsp;in New York state court litigation stemming from the bankruptcy of a foreign oil refinery\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ean investment bank and several of its former employees\u003c/strong\u003e\u0026nbsp;in litigation and arbitration involving equity swap transactions\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ecorporate boards and activist shareholders\u003c/strong\u003e\u0026nbsp;on litigation strategy in connection with governance disputes and activism campaigns\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003evarious clients\u003c/strong\u003e\u0026nbsp;in external investigations by the New York Attorney General, DOJ, FINRA, and other government agencies\u003c/p\u003e"],"recognitions":[{"title":"\"Ones To Watch\"","detail":"Best Lawyers, 2023-2026"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12186}]},"capability_group_id":3},"created_at":"2026-04-22T18:58:31.000Z","updated_at":"2026-04-22T18:58:31.000Z","searchable_text":"Goodwin{{ FIELD }}{:title=\u0026gt;\"\\\"Ones To Watch\\\"\", :detail=\u0026gt;\"Best Lawyers, 2023-2026\"}{{ FIELD }}Represents Madison Square Garden in its defense of a widely-covered lawsuit filed by former Knicks player Charles Oakley in connection with his ejection from the Garden in 2017.{{ FIELD }}Represents Skillz Platform, Inc. in a false advertising action against a competitor relating to the use of “bots” or algorithms in mobile games.{{ FIELD }}Successfully defended Capital One from a putative class action concerning the transfer of Capital One's individual retirement account portfolio to Inspira Financial.{{ FIELD }}Represented a major financial institution in arbitration proceedings, including a five-day trial, seeking more than $500 million of damages against a contractual counterparty{{ FIELD }}Represented two hedge funds in an expedited nine-witness trial in Delaware Court of Chancery over a disputed multi-billion dollar stock authorization by a public company{{ FIELD }}Represented a depositary institution in winning an eight-figure judgement in New York state court against a group of defaulted borrowers; obtained preliminary and permanent injunctions prohibiting the borrowers from transferring collateral intended to secure the disputed loans{{ FIELD }}Represented a medical technology company in a successful petition for pre-action discovery in New York state court into the identity of individuals waging an anonymous campaign of online defamation{{ FIELD }}Represented an investment bank in a Third Circuit appeal of a closely watched indemnification lawsuit; obtained affirmance of lower court victory{{ FIELD }}Represented a national insurance provider in federal litigation against the California Department of Insurance contesting a conservation order{{ FIELD }}Represented a major financial institution in a set of antitrust class actions alleging manipulation of the price of precious metals{{ FIELD }}Represented a hedge fund in a Delaware adversary bankruptcy proceeding and trial against a media company debtor{{ FIELD }}Represented a group of market insurers in New York state court litigation stemming from the bankruptcy of a foreign oil refinery{{ FIELD }}Represented an investment bank and several of its former employees in litigation and arbitration involving equity swap transactions{{ FIELD }}Advised corporate boards and activist shareholders on litigation strategy in connection with governance disputes and activism campaigns{{ FIELD }}Represented various clients in external investigations by the New York Attorney General, DOJ, FINRA, and other government agencies{{ FIELD }}John represents clients in the financial services, sports, media, and entertainment industries in a broad range of complex business litigation. He has extensive experience with contract and securities claims, corporate governance and shareholder disputes, class actions, and regulatory investigations. \nJohn has litigated matters on behalf of plaintiffs and defendants in state and federal court. Prior to joining King \u0026amp; Spalding, John worked in the New York offices of two other global law firms and clerked for the Hon. William F. Kuntz, II, in the U.S. District Court for the Eastern District of New York. Counsel \"Ones To Watch\" Best Lawyers, 2023-2026 Columbia University Columbia University Columbia University Columbia University School of Law U.S. Court of Appeals for the Seventh Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York Judicial Clerk, Hon. William F. Kuntz, II, U.S. District Court for the Eastern District of New York Represents Madison Square Garden in its defense of a widely-covered lawsuit filed by former Knicks player Charles Oakley in connection with his ejection from the Garden in 2017. Represents Skillz Platform, Inc. in a false advertising action against a competitor relating to the use of “bots” or algorithms in mobile games. Successfully defended Capital One from a putative class action concerning the transfer of Capital One's individual retirement account portfolio to Inspira Financial. Represented a major financial institution in arbitration proceedings, including a five-day trial, seeking more than $500 million of damages against a contractual counterparty Represented two hedge funds in an expedited nine-witness trial in Delaware Court of Chancery over a disputed multi-billion dollar stock authorization by a public company Represented a depositary institution in winning an eight-figure judgement in New York state court against a group of defaulted borrowers; obtained preliminary and permanent injunctions prohibiting the borrowers from transferring collateral intended to secure the disputed loans Represented a medical technology company in a successful petition for pre-action discovery in New York state court into the identity of individuals waging an anonymous campaign of online defamation Represented an investment bank in a Third Circuit appeal of a closely watched indemnification lawsuit; obtained affirmance of lower court victory Represented a national insurance provider in federal litigation against the California Department of Insurance contesting a conservation order Represented a major financial institution in a set of antitrust class actions alleging manipulation of the price of precious metals Represented a hedge fund in a Delaware adversary bankruptcy proceeding and trial against a media company debtor Represented a group of market insurers in New York state court litigation stemming from the bankruptcy of a foreign oil refinery Represented an investment bank and several of its former employees in litigation and arbitration involving equity swap transactions Advised corporate boards and activist shareholders on litigation strategy in connection with governance disputes and activism campaigns Represented various clients in external investigations by the New York Attorney General, DOJ, FINRA, and other government agencies","searchable_name":"John Thomas Goodwin","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":442376,"version":1,"owner_type":"Person","owner_id":944,"payload":{"bio":"\u003cp\u003eCheri Grosvenor is a seasoned litigator in the Trial and Global Disputes practice, with substantial experience in all phases of litigation,\u0026nbsp;government investigations and e-discovery matters. Cheri represents clients in both state and federal courts, with an emphasis on complex commercial disputes, government investigations, securities litigation and professional liability matters.\u003c/p\u003e","slug":"cheri-grosvenor","email":"cgrosvenor@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented Grant Thornton LLP in audit malpractice action in federal bankruptcy court in Florida, obtaining summary judgment based upon the in pari delicto defense and successfully defending the judgment on appeal.\u003c/p\u003e","\u003cp\u003eSuccessfully represented major brewing company in commercial contract disputes and antitrust litigation.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresented Ernst \u0026amp; Young and obtained dismissal of Section 11 securities class action in the Northern District of Georgia on the grounds that the plaintiffs failed to allege adequately that the statements in the audit report were subjectively false.\u003c/p\u003e","\u003cp\u003eRepresented Imperial Tobacco Canada Limited in its defense of a multibillion dollar fraudulent conveyance and alter ego claim brought by a former subsidiary alleging claims of fraudulent conveyance, illegal dividends and alter ego arising out of intercorporate transfers. The matter was resolved by settlement.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eWellCare Health Plans Inc.\u003c/strong\u003e\u0026nbsp;in federal and state civil and criminal investigations and related civil litigation.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":2,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":3,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":4,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":5,"source":"capabilities"},{"id":38,"guid":"38.capabilities","index":6,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":7,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":8,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":9,"source":"capabilities"},{"id":1241,"guid":"1241.smart_tags","index":10,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":11,"source":"smartTags"},{"id":129,"guid":"129.capabilities","index":12,"source":"capabilities"}],"is_active":true,"last_name":"Grosvenor","nick_name":"Cheri","clerkships":[],"first_name":"Cheri","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"A.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":14,"translated_fields":{"en":{"bio":"\u003cp\u003eCheri Grosvenor is a seasoned litigator in the Trial and Global Disputes practice, with substantial experience in all phases of litigation,\u0026nbsp;government investigations and e-discovery matters. Cheri represents clients in both state and federal courts, with an emphasis on complex commercial disputes, government investigations, securities litigation and professional liability matters.\u003c/p\u003e","matters":["\u003cp\u003eRepresented Grant Thornton LLP in audit malpractice action in federal bankruptcy court in Florida, obtaining summary judgment based upon the in pari delicto defense and successfully defending the judgment on appeal.\u003c/p\u003e","\u003cp\u003eSuccessfully represented major brewing company in commercial contract disputes and antitrust litigation.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresented Ernst \u0026amp; Young and obtained dismissal of Section 11 securities class action in the Northern District of Georgia on the grounds that the plaintiffs failed to allege adequately that the statements in the audit report were subjectively false.\u003c/p\u003e","\u003cp\u003eRepresented Imperial Tobacco Canada Limited in its defense of a multibillion dollar fraudulent conveyance and alter ego claim brought by a former subsidiary alleging claims of fraudulent conveyance, illegal dividends and alter ego arising out of intercorporate transfers. The matter was resolved by settlement.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eWellCare Health Plans Inc.\u003c/strong\u003e\u0026nbsp;in federal and state civil and criminal investigations and related civil litigation.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11789}]},"capability_group_id":3},"created_at":"2025-11-05T05:03:48.000Z","updated_at":"2025-11-05T05:03:48.000Z","searchable_text":"Grosvenor{{ FIELD }}Represented Grant Thornton LLP in audit malpractice action in federal bankruptcy court in Florida, obtaining summary judgment based upon the in pari delicto defense and successfully defending the judgment on appeal.{{ FIELD }}Successfully represented major brewing company in commercial contract disputes and antitrust litigation. {{ FIELD }}Represented Ernst \u0026amp; Young and obtained dismissal of Section 11 securities class action in the Northern District of Georgia on the grounds that the plaintiffs failed to allege adequately that the statements in the audit report were subjectively false.{{ FIELD }}Represented Imperial Tobacco Canada Limited in its defense of a multibillion dollar fraudulent conveyance and alter ego claim brought by a former subsidiary alleging claims of fraudulent conveyance, illegal dividends and alter ego arising out of intercorporate transfers. The matter was resolved by settlement.{{ FIELD }}Defended WellCare Health Plans Inc. in federal and state civil and criminal investigations and related civil litigation.{{ FIELD }}Cheri Grosvenor is a seasoned litigator in the Trial and Global Disputes practice, with substantial experience in all phases of litigation, government investigations and e-discovery matters. Cheri represents clients in both state and federal courts, with an emphasis on complex commercial disputes, government investigations, securities litigation and professional liability matters. Counsel Rhodes College  University of Georgia University of Georgia School of Law U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Georgia American Bar Association State Bar of Georgia Atlanta Bar Association Represented Grant Thornton LLP in audit malpractice action in federal bankruptcy court in Florida, obtaining summary judgment based upon the in pari delicto defense and successfully defending the judgment on appeal. Successfully represented major brewing company in commercial contract disputes and antitrust litigation.  Represented Ernst \u0026amp; Young and obtained dismissal of Section 11 securities class action in the Northern District of Georgia on the grounds that the plaintiffs failed to allege adequately that the statements in the audit report were subjectively false. Represented Imperial Tobacco Canada Limited in its defense of a multibillion dollar fraudulent conveyance and alter ego claim brought by a former subsidiary alleging claims of fraudulent conveyance, illegal dividends and alter ego arising out of intercorporate transfers. The matter was resolved by settlement. Defended WellCare Health Plans Inc. in federal and state civil and criminal investigations and related civil litigation.","searchable_name":"Cheri A. Grosvenor","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":444237,"version":1,"owner_type":"Person","owner_id":5732,"payload":{"bio":"\u003cp\u003eAlly is a skilled litigator who represents retailers, product manufacturers, healthcare providers, and energy sector clients, in mass-tort, product liability, and commercial disputes. Ally focuses on complex civil litigation and manages individual and class actions at varying stages of fact investigation, discovery, motion practice, and has drafted appellate briefing and assisted with argument preparation.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAlly also maintains an active pro bono practice, including assisting prisoners in their civil rights claims through the Federal Pro Bono Project.\u0026nbsp; She recently successfully argued a violation of equal protection case in front of Judge Breyer in the Northern District of California.\u0026nbsp; When this matter was appealed, she\u0026nbsp;drafted a successful appellate brief for\u0026nbsp;the Ninth Circuit.\u003c/p\u003e","slug":"alessandra-givens","email":"agivens@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":3,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":4,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":5,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":6,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":7,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":8,"source":"capabilities"},{"id":7,"guid":"7.capabilities","index":9,"source":"capabilities"}],"is_active":true,"last_name":"Givens","nick_name":"Ally","clerkships":[{"name":"Judicial Clerk, Tiffany Anderson, Maryland","years_held":"2015 - 2016"}],"first_name":"Alessandra","title_rank":9999,"updated_by":34,"law_schools":[{"id":753,"meta":{"degree":"J.D.","honors":null,"is_law_school":1,"graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"M.","name_suffix":"","recognitions":[{"title":"Woman of Excellence Award","detail":"Black Women Lawyers of Northern California, 2022"},{"title":"Distinguished Leader Award","detail":"Black Women Lawyers of Northern California, 2020"}],"linked_in_url":null,"seodescription":null,"primary_title_id":75,"translated_fields":{"en":{"bio":"\u003cp\u003eAlly is a skilled litigator who represents retailers, product manufacturers, healthcare providers, and energy sector clients, in mass-tort, product liability, and commercial disputes. Ally focuses on complex civil litigation and manages individual and class actions at varying stages of fact investigation, discovery, motion practice, and has drafted appellate briefing and assisted with argument preparation.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAlly also maintains an active pro bono practice, including assisting prisoners in their civil rights claims through the Federal Pro Bono Project.\u0026nbsp; She recently successfully argued a violation of equal protection case in front of Judge Breyer in the Northern District of California.\u0026nbsp; When this matter was appealed, she\u0026nbsp;drafted a successful appellate brief for\u0026nbsp;the Ninth Circuit.\u003c/p\u003e","recognitions":[{"title":"Woman of Excellence Award","detail":"Black Women Lawyers of Northern California, 2022"},{"title":"Distinguished Leader Award","detail":"Black Women Lawyers of Northern California, 2020"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10962},{"id":10962}]},"capability_group_id":3},"created_at":"2025-12-12T21:57:32.000Z","updated_at":"2025-12-12T21:57:32.000Z","searchable_text":"Givens{{ FIELD }}{:title=\u0026gt;\"Woman of Excellence Award\", :detail=\u0026gt;\"Black Women Lawyers of Northern California, 2022\"}{{ FIELD }}{:title=\u0026gt;\"Distinguished Leader Award\", :detail=\u0026gt;\"Black Women Lawyers of Northern California, 2020\"}{{ FIELD }}Ally is a skilled litigator who represents retailers, product manufacturers, healthcare providers, and energy sector clients, in mass-tort, product liability, and commercial disputes. Ally focuses on complex civil litigation and manages individual and class actions at varying stages of fact investigation, discovery, motion practice, and has drafted appellate briefing and assisted with argument preparation.\nAlly also maintains an active pro bono practice, including assisting prisoners in their civil rights claims through the Federal Pro Bono Project.  She recently successfully argued a violation of equal protection case in front of Judge Breyer in the Northern District of California.  When this matter was appealed, she drafted a successful appellate brief for the Ninth Circuit. Senior Associate Woman of Excellence Award Black Women Lawyers of Northern California, 2022 Distinguished Leader Award Black Women Lawyers of Northern California, 2020 University of North Carolina  George Washington University George Washington University Law School U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Central District of California U.S. District Court for the Northern District of California Black Women Lawyers of Northern California Association, Vice President The CLUB – Incubator of Women Leaders, Social Chair Judicial Clerk, Tiffany Anderson, Maryland","searchable_name":"Alessandra M. Givens (Ally)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":435332,"version":1,"owner_type":"Person","owner_id":6524,"payload":{"bio":"\u003cp\u003eHope is a Business Litigation Associate in King \u0026amp; Spalding's Atlanta office. Her\u0026nbsp;practice primarily focuses on representing businesses in high-stakes commercial litigation, including\u0026nbsp;class actions, breach of contract cases, antitrust matters, and other complex business disputes.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Hope graduated \u003cem\u003emagna\u0026nbsp;cum laude\u0026nbsp;\u003c/em\u003efrom the\u0026nbsp;University of Georgia School of Law, where she served on the\u0026nbsp;\u003cem\u003eGeorgia Law Review\u003c/em\u003e's Managing Board\u0026nbsp;and participated in the school's Appellate Litigation Clinic. Upon graduation, Hope\u0026nbsp;was inducted into the Order of the Coif.\u0026nbsp;\u003c/p\u003e","slug":"elizabeth-garrison","email":"hgarrison@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":5,"guid":"5.capabilities","index":0,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":1,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":2,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":3,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":4,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":5,"source":"capabilities"}],"is_active":true,"last_name":"Garrison","nick_name":"Hope","clerkships":[{"name":"Intern, J.P. 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Her\u0026nbsp;practice primarily focuses on representing businesses in high-stakes commercial litigation, including\u0026nbsp;class actions, breach of contract cases, antitrust matters, and other complex business disputes.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Hope graduated \u003cem\u003emagna\u0026nbsp;cum laude\u0026nbsp;\u003c/em\u003efrom the\u0026nbsp;University of Georgia School of Law, where she served on the\u0026nbsp;\u003cem\u003eGeorgia Law Review\u003c/em\u003e's Managing Board\u0026nbsp;and participated in the school's Appellate Litigation Clinic. Upon graduation, Hope\u0026nbsp;was inducted into the Order of the Coif.\u0026nbsp;\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12347}]},"capability_group_id":3},"created_at":"2025-08-15T22:00:26.000Z","updated_at":"2025-08-15T22:00:26.000Z","searchable_text":"Garrison{{ FIELD }}Hope is a Business Litigation Associate in King \u0026amp; Spalding's Atlanta office. Her practice primarily focuses on representing businesses in high-stakes commercial litigation, including class actions, breach of contract cases, antitrust matters, and other complex business disputes. \nPrior to joining the firm, Hope graduated magna cum laude from the University of Georgia School of Law, where she served on the Georgia Law Review's Managing Board and participated in the school's Appellate Litigation Clinic. Upon graduation, Hope was inducted into the Order of the Coif.  Associate University of Georgia University of Georgia School of Law University of Georgia University of Georgia School of Law U.S. District Court for the Northern District of Georgia Georgia Intern, J.P. 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Clyburn (SC-06). He supported the passage of critical legislation out of the House and advocated for the Congressman's personnel and policy goals during the Biden Administration.\u003c/p\u003e\n\u003cp\u003eAn\u003cem\u003e Honors \u003c/em\u003egraduate\u0026nbsp;from the George Washington University Law School, he served as an Articles Editor of the George Washington Law Review and a member of the Moot Court Board. Avery graduated\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Presbyterian College, earning a B.A. in Political Science.\u003c/p\u003e","slug":"william-conrad","email":"agreenconrad@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":4,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":5,"source":"capabilities"},{"id":7,"guid":"7.capabilities","index":6,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":8,"source":"capabilities"}],"is_active":true,"last_name":"Green-Conrad","nick_name":"Avery","clerkships":[],"first_name":"Wm.","title_rank":9999,"updated_by":202,"law_schools":[{"id":753,"meta":{"degree":"J.D.","honors":"with honors, Law Review","is_law_school":1,"graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"Avery","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/waveryconrad","seodescription":null,"primary_title_id":2,"translated_fields":{"en":{"bio":"\u003cp\u003e\u003cstrong\u003eAvery Green-Conrad\u003c/strong\u003e is a litigator in\u0026nbsp;the firm's Business Litigation practice.\u0026nbsp;His practice primarily focuses on representing businesses in high-stakes commercial litigation, including\u0026nbsp;class actions, breach of contract cases, and other complex disputes.\u0026nbsp;Leveraging his experience in sensitive government matters, Avery provides clients with strategic insight on matters spanning high-stakes litigation and government inquiry.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eHe clerked for the U.S.\u0026nbsp;Senate's Judiciary Committee and Permanent Subcommittee on Investigations during law school.\u0026nbsp;Avery advanced congressional investigations, agency oversight, and judicial confirmations for Senator Jon Ossoff (GA).\u0026nbsp;Before his legal career, Avery worked for then-U.S. House Majority Whip James E. Clyburn (SC-06). He supported the passage of critical legislation out of the House and advocated for the Congressman's personnel and policy goals during the Biden Administration.\u003c/p\u003e\n\u003cp\u003eAn\u003cem\u003e Honors \u003c/em\u003egraduate\u0026nbsp;from the George Washington University Law School, he served as an Articles Editor of the George Washington Law Review and a member of the Moot Court Board. Avery graduated\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Presbyterian College, earning a B.A. in Political Science.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12361}]},"capability_group_id":3},"created_at":"2025-12-05T05:01:10.000Z","updated_at":"2025-12-05T05:01:10.000Z","searchable_text":"Green-Conrad{{ FIELD }}Avery Green-Conrad is a litigator in the firm's Business Litigation practice. His practice primarily focuses on representing businesses in high-stakes commercial litigation, including class actions, breach of contract cases, and other complex disputes. Leveraging his experience in sensitive government matters, Avery provides clients with strategic insight on matters spanning high-stakes litigation and government inquiry.\nHe clerked for the U.S. Senate's Judiciary Committee and Permanent Subcommittee on Investigations during law school. Avery advanced congressional investigations, agency oversight, and judicial confirmations for Senator Jon Ossoff (GA). Before his legal career, Avery worked for then-U.S. House Majority Whip James E. Clyburn (SC-06). He supported the passage of critical legislation out of the House and advocated for the Congressman's personnel and policy goals during the Biden Administration.\nAn Honors graduate from the George Washington University Law School, he served as an Articles Editor of the George Washington Law Review and a member of the Moot Court Board. Avery graduated cum laude from Presbyterian College, earning a B.A. in Political Science. Associate Presbyterian College  George Washington University George Washington University Law School District of Columbia American Bar Association District of Columbia Bar Defense Research Institute American Health Law Association","searchable_name":"Wm. Avery Green-Conrad (Avery)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}