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Darren is recognized globally as a pioneer in the area of international employment law. Darren\u0026rsquo;s centralized advisor approach to international employment law has changed the way that many of the world\u0026rsquo;s largest companies manage their global workforce and HR compliance issues. In the course of his career, Darren has undertaken more than 500 multi-jurisdictional strategic, transactional and compliance related projects, covering more than 170 different countries.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDarren is the trusted advisor to many of the world\u0026rsquo;s largest companies in matters ranging from day-to-day complex cross-border employment issues on a single country basis, to large and complex multijurisdictional workforce projects. Darren is well known for developing consistent global workforce compliance and risk management solutions for some of the world\u0026rsquo;s largest companies.\u003c/p\u003e\n\u003cp\u003eDarren assists multinational corporate clients with the full range of human capital matters on a global basis, including:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eMultijurisdictional strategic and compliance-related employment law issues\u003c/li\u003e\n\u003cli\u003eEmployment and labor issues arising from cross-border mergers and acquisitions, joint ventures, and outsourcings\u003c/li\u003e\n\u003cli\u003eTerminations\u0026mdash;individual and large-scale reductions in force\u003c/li\u003e\n\u003cli\u003eEmployment and contingent workforce arrangements and documentation\u003c/li\u003e\n\u003cli\u003eEmployment-related privacy and data protection\u003c/li\u003e\n\u003cli\u003eProtection of employers' proprietary and confidential information\u003c/li\u003e\n\u003cli\u003eWorkplace harassment, anti-discrimination, and equal opportunity law matters\u003c/li\u003e\n\u003cli\u003eWorkplace policies and handbooks\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003e\u003cbr /\u003e\u003cem\u003eDarren is practicing in California as a Registered Foreign Legal Consultant.\u003c/em\u003e\u003c/p\u003e","slug":"darren-gardner","email":"dgardner@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":15,"guid":"15.capabilities","index":1,"source":"capabilities"},{"id":28,"guid":"28.capabilities","index":2,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":5,"source":"capabilities"},{"id":120,"guid":"120.capabilities","index":6,"source":"capabilities"},{"id":121,"guid":"121.capabilities","index":7,"source":"capabilities"},{"id":1204,"guid":"1204.smart_tags","index":8,"source":"smartTags"},{"id":126,"guid":"126.capabilities","index":9,"source":"capabilities"},{"id":128,"guid":"128.capabilities","index":10,"source":"capabilities"},{"id":1225,"guid":"1225.smart_tags","index":11,"source":"smartTags"},{"id":1270,"guid":"1270.smart_tags","index":12,"source":"smartTags"},{"id":133,"guid":"133.capabilities","index":13,"source":"capabilities"}],"is_active":true,"last_name":"Gardner","nick_name":"Darren","clerkships":[],"first_name":"Darren","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"G.","name_suffix":"","recognitions":[{"title":"“The value that is added by Darren and his team is second to none.”","detail":"IEL Elite 2024"},{"title":"\"Every jurisdiction we advise on and for every complex matter that arises-Darren is our trusted adviser.”","detail":"IEL Elite 2024"},{"title":"\"uber-responsive and pragmatic\" and \"has an encyclopedic knowledge of the law, and understands in house challenges\"","detail":"Chambers USA"},{"title":"\"world-renowned practitioner\" and a \"great strategist\" in his field","detail":"Who's Who Legal"},{"title":"Darren has won more than 30 international and US awards including International Attorney of the Year","detail":"Los Angeles Business Journal, 2017"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDarren leads King \u0026amp; Spalding\u0026rsquo;s Global Human Capital and Compliance Practice. Darren is recognized globally as a pioneer in the area of international employment law. Darren\u0026rsquo;s centralized advisor approach to international employment law has changed the way that many of the world\u0026rsquo;s largest companies manage their global workforce and HR compliance issues. In the course of his career, Darren has undertaken more than 500 multi-jurisdictional strategic, transactional and compliance related projects, covering more than 170 different countries.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDarren is the trusted advisor to many of the world\u0026rsquo;s largest companies in matters ranging from day-to-day complex cross-border employment issues on a single country basis, to large and complex multijurisdictional workforce projects. Darren is well known for developing consistent global workforce compliance and risk management solutions for some of the world\u0026rsquo;s largest companies.\u003c/p\u003e\n\u003cp\u003eDarren assists multinational corporate clients with the full range of human capital matters on a global basis, including:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eMultijurisdictional strategic and compliance-related employment law issues\u003c/li\u003e\n\u003cli\u003eEmployment and labor issues arising from cross-border mergers and acquisitions, joint ventures, and outsourcings\u003c/li\u003e\n\u003cli\u003eTerminations\u0026mdash;individual and large-scale reductions in force\u003c/li\u003e\n\u003cli\u003eEmployment and contingent workforce arrangements and documentation\u003c/li\u003e\n\u003cli\u003eEmployment-related privacy and data protection\u003c/li\u003e\n\u003cli\u003eProtection of employers' proprietary and confidential information\u003c/li\u003e\n\u003cli\u003eWorkplace harassment, anti-discrimination, and equal opportunity law matters\u003c/li\u003e\n\u003cli\u003eWorkplace policies and handbooks\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003e\u003cbr /\u003e\u003cem\u003eDarren is practicing in California as a Registered Foreign Legal Consultant.\u003c/em\u003e\u003c/p\u003e","recognitions":[{"title":"“The value that is added by Darren and his team is second to none.”","detail":"IEL Elite 2024"},{"title":"\"Every jurisdiction we advise on and for every complex matter that arises-Darren is our trusted adviser.”","detail":"IEL Elite 2024"},{"title":"\"uber-responsive and pragmatic\" and \"has an encyclopedic knowledge of the law, and understands in house challenges\"","detail":"Chambers USA"},{"title":"\"world-renowned practitioner\" and a \"great strategist\" in his field","detail":"Who's Who Legal"},{"title":"Darren has won more than 30 international and US awards including International Attorney of the Year","detail":"Los Angeles Business Journal, 2017"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":8172}]},"capability_group_id":1},"created_at":"2025-10-15T16:06:20.000Z","updated_at":"2025-10-15T16:06:20.000Z","searchable_text":"Gardner{{ FIELD }}{:title=\u0026gt;\"“The value that is added by Darren and his team is second to none.”\", :detail=\u0026gt;\"IEL Elite 2024\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Every jurisdiction we advise on and for every complex matter that arises-Darren is our trusted adviser.”\", :detail=\u0026gt;\"IEL Elite 2024\"}{{ FIELD }}{:title=\u0026gt;\"\\\"uber-responsive and pragmatic\\\" and \\\"has an encyclopedic knowledge of the law, and understands in house challenges\\\"\", :detail=\u0026gt;\"Chambers USA\"}{{ FIELD }}{:title=\u0026gt;\"\\\"world-renowned practitioner\\\" and a \\\"great strategist\\\" in his field\", :detail=\u0026gt;\"Who's Who Legal\"}{{ FIELD }}{:title=\u0026gt;\"Darren has won more than 30 international and US awards including International Attorney of the Year\", :detail=\u0026gt;\"Los Angeles Business Journal, 2017\"}{{ FIELD }}Darren leads King \u0026amp; Spalding’s Global Human Capital and Compliance Practice. Darren is recognized globally as a pioneer in the area of international employment law. Darren’s centralized advisor approach to international employment law has changed the way that many of the world’s largest companies manage their global workforce and HR compliance issues. In the course of his career, Darren has undertaken more than 500 multi-jurisdictional strategic, transactional and compliance related projects, covering more than 170 different countries.\nDarren is the trusted advisor to many of the world’s largest companies in matters ranging from day-to-day complex cross-border employment issues on a single country basis, to large and complex multijurisdictional workforce projects. Darren is well known for developing consistent global workforce compliance and risk management solutions for some of the world’s largest companies.\nDarren assists multinational corporate clients with the full range of human capital matters on a global basis, including:\n\nMultijurisdictional strategic and compliance-related employment law issues\nEmployment and labor issues arising from cross-border mergers and acquisitions, joint ventures, and outsourcings\nTerminations—individual and large-scale reductions in force\nEmployment and contingent workforce arrangements and documentation\nEmployment-related privacy and data protection\nProtection of employers' proprietary and confidential information\nWorkplace harassment, anti-discrimination, and equal opportunity law matters\nWorkplace policies and handbooks\n\nDarren is practicing in California as a Registered Foreign Legal Consultant. Partner “The value that is added by Darren and his team is second to none.” IEL Elite 2024 \"Every jurisdiction we advise on and for every complex matter that arises-Darren is our trusted adviser.” IEL Elite 2024 \"uber-responsive and pragmatic\" and \"has an encyclopedic knowledge of the law, and understands in house challenges\" Chambers USA \"world-renowned practitioner\" and a \"great strategist\" in his field Who's Who Legal Darren has won more than 30 international and US awards including International Attorney of the Year Los Angeles Business Journal, 2017 University of New South Wales  University of New South Wales  England and Wales High Court of Australia Supreme Court of New South Wales","searchable_name":"Darren G. Gardner","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":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":442793,"version":1,"owner_type":"Person","owner_id":5489,"payload":{"bio":"\u003cp\u003eKyle Gotchy works with leading hospitals, health systems, medical groups, technology companies, and related businesses in connection with regulatory matters,\u0026nbsp;operational issues, complex contracting,\u0026nbsp;investigations, and enforcement proceedings.\u0026nbsp;He works closely with in-house counsel, leadership, and other business, clinical, and compliance stakeholders on matters related to the state and federal laws governing providers and suppliers, the physician self-referral (Stark) and anti-kickback laws, Medicare reimbursement, and the development of risk-\u0026nbsp; and value-based payment arrangements. 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His approach to client service\u0026nbsp;is further informed by having\u0026nbsp;completed extensive client secondments at one of the nation's largest health systems and later at a multinational technology company during the launch of its market-leading\u0026nbsp;telehealth product.\u0026nbsp;Prior to entering the legal profession, Kyle completed an internship at the EPA focused on children's environmental health and assisted with analytical and basic sciences research in leading academic and biopharmaceutical laboratories.\u0026nbsp;\u003c/p\u003e","slug":"kyle-gotchy","email":"kgotchy@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented health systems, medical groups, clinical laboratories, and individual physicians in various stages of government investigation by the U.S. Department of Justice, state Medicaid Fraud Control Units, and other law enforcement agencies\u003c/p\u003e","\u003cp\u003eCounseled multinational technology company on a range of issues in connection with 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individual physicians in various stages of government investigation by the U.S. Department of Justice, state Medicaid Fraud Control Units, and other law enforcement agencies{{ FIELD }}Counseled multinational technology company on a range of issues in connection with the development and implementation of a market leading telehealth service, including scope of practice, professional licensure, reimbursement, prescriptive practice, and patient engagement{{ FIELD }}Represented multiple health systems on the establishment and expansion of multistate telemedicine programs{{ FIELD }}Representing health system in administrative appeal of Medicare overpayment determination based on adverse findings in a HHS OIG hospital audit report, focused primarily on billing requirements for inpatient rehabilitation facility services{{ FIELD }}Represented multiple health systems and other providers in investigating and self-disclosing potential overpayments to CMS under the Self-Referral Disclosure Protocol (SRDP){{ FIELD }}Represented multiple health systems and providers in responding to investigations by professional licensing boards{{ FIELD }}Counseled health system on the development of a co-management arrangement with a behavioral health hospital for an eating disorder treatment program{{ FIELD }}Advised private equity firms on the legal and business risks in connection with complex healthcare industry acquisitions{{ FIELD }}Advised health system on issues raised under the federal anti-kickback statute and physician self-referral law in connection with a high-profile contract dispute with specialty group{{ FIELD }}Counseled multiple manufacturers regarding compliance with reporting obligations under the federal Physician Payments Sunshine Act{{ FIELD }}Counseled health system on the development of a cardiology co-management arrangement{{ FIELD }}Represented academic medical center and physician in appealing proposed revocation of Medicare billing privileges{{ FIELD }}Advised concierge medical practice on the development of a telemedicine service{{ FIELD }}Represented coalition of clients in the development and submission of comments to CMS and HHS OIG in response to proposed rules amending the federal anti-kickback statute, the civil monetary penalties law, and the physician self-referral (Stark) law{{ FIELD }}Counseled health systems and other providers on compliance with CARES Act and Provider Relief Fund requirements{{ FIELD }}Advised multiple health systems on the development of a range of physician alignment models{{ FIELD }}Counseled hospitals, medical groups, and clinical laboratories on collateral issues raised by the exclusion of practitioners from federal heath care programs{{ FIELD }}Counseled multiple clinically integrated networks and accountable care organizations located across the country on structuring financial relationships consistently with federal and state fraud and abuse laws and related rules governing participation in Medicare value-based payment programs{{ FIELD }}Counseled executive leadership and board of skilled nursing facility regarding resident rights and community engagement{{ FIELD }}Represented health system in negotiations with academic medical center regarding staffing arrangement in support of air transport service{{ FIELD }}Kyle Gotchy works with leading hospitals, health systems, medical groups, technology companies, and related businesses in connection with regulatory matters, operational issues, complex contracting, investigations, and enforcement proceedings. He works closely with in-house counsel, leadership, and other business, clinical, and compliance stakeholders on matters related to the state and federal laws governing providers and suppliers, the physician self-referral (Stark) and anti-kickback laws, Medicare reimbursement, and the development of risk-  and value-based payment arrangements. Kyle also works with providers, retailers, and technology companies on the development, implementation, and operation of telemedicine services and other innovative digital health solutions. \nKyle draws on the operational perspectives he gained while serving as Senior Counsel at Seattle Children’s Hospital and strives to help his clients develop practical legal approaches in furtherance of their key business objectives. His approach to client service is further informed by having completed extensive client secondments at one of the nation's largest health systems and later at a multinational technology company during the launch of its market-leading telehealth product. Prior to entering the legal profession, Kyle completed an internship at the EPA focused on children's environmental health and assisted with analytical and basic sciences research in leading academic and biopharmaceutical laboratories.  Partner 40 Under 40 Sacramento Business Journal, 2021 Rising Star Washington Super Lawyers, 2019 Whitman College  University of Washington-Seattle Campus University of Washington School of Law California Washington American Health Law Association California Society for Healthcare Attorneys Washington State Society of Healthcare Attorneys Represented health systems, medical groups, clinical laboratories, and individual physicians in various stages of government investigation by the U.S. Department of Justice, state Medicaid Fraud Control Units, and other law enforcement agencies Counseled multinational technology company on a range of issues in connection with the development and implementation of a market leading telehealth service, including scope of practice, professional licensure, reimbursement, prescriptive practice, and patient engagement Represented multiple health systems on the establishment and expansion of multistate telemedicine programs Representing health system in administrative appeal of Medicare overpayment determination based on adverse findings in a HHS OIG hospital audit report, focused primarily on billing requirements for inpatient rehabilitation facility services Represented multiple health systems and other providers in investigating and self-disclosing potential overpayments to CMS under the Self-Referral Disclosure Protocol (SRDP) Represented multiple health systems and providers in responding to investigations by professional licensing boards Counseled health system on the development of a co-management arrangement with a behavioral health hospital for an eating disorder treatment program Advised private equity firms on the legal and business risks in connection with complex healthcare industry acquisitions Advised health system on issues raised under the federal anti-kickback statute and physician self-referral law in connection with a high-profile contract dispute with specialty group Counseled multiple manufacturers regarding compliance with reporting obligations under the federal Physician Payments Sunshine Act Counseled health system on the development of a cardiology co-management arrangement Represented academic medical center and physician in appealing proposed revocation of Medicare billing privileges Advised concierge medical practice on the development of a telemedicine service Represented coalition of clients in the development and submission of comments to CMS and HHS OIG in response to proposed rules amending the federal anti-kickback statute, the civil monetary penalties law, and the physician self-referral (Stark) law Counseled health systems and other providers on compliance with CARES Act and Provider Relief Fund requirements Advised multiple health systems on the development of a range of physician alignment models Counseled hospitals, medical groups, and clinical laboratories on collateral issues raised by the exclusion of practitioners from federal heath care programs Counseled multiple clinically integrated networks and accountable care organizations located across the country on structuring financial relationships consistently with federal and state fraud and abuse laws and related rules governing participation in Medicare value-based payment programs Counseled executive leadership and board of skilled nursing facility regarding resident rights and community engagement Represented health system in negotiations with academic medical center regarding staffing arrangement in support of air transport service","searchable_name":"Kyle Gotchy","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":196,"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. 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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}]}}