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mezzanine, bridge and participating loans.\u0026nbsp; Her transactions are routinely secured by a variety of collateral, including trophy office buildings in the heart of Manhattan, hotels in a multitude of metropolitan areas, assemblages of land located in the Midwest and condominium and rental projects across the United States.\u003c/p\u003e","matters":["\u003cp\u003eRepresented a European lender as administrative agent, together with the syndicate bank group, in connection with a $285 million mortgage loan made to a joint venture owned by a publicly held company and a REIT and secured by a Class-A office building located in Manhattan.\u003c/p\u003e","\u003cp\u003eRepresented a publicly traded banking institution in connection with a $350 million construction loan made to a joint venture owned by a prominent family-owned developer and a foreign investor secured by a future condominium project in the NoMad neighborhood of Manhattan.\u003c/p\u003e","\u003cp\u003eRepresented a publicly traded banking institution in connection with a leverage \u0026lsquo;loan-on-loan\u0026rsquo; transaction made to a private equity firm and secured by a $260 million construction loan in connection with the Essex Crossing project in the Lower East Side of Manhattan.\u003c/p\u003e","\u003cp\u003eRepresented an international bank in a $125 million loan secured by various retail parcels in Boston, Massachusetts.\u003c/p\u003e","\u003cp\u003eRepresented an international lender in connection with the acquisition of a senior construction loan secured by property located in Oakland, California with a pari passu mezzanine construction loan from a publicly traded company, including the negotiation of an intercreditor agreement.\u003c/p\u003e","\u003cp\u003eRepresented a publicly traded banking institution in connection with a $251 million leasehold construction loan for a condominium project in Brooklyn, New York, to a joint venture owned by a prominent family-owned developer and an international publicly traded company, which transaction involved a multi-tier ground lease structure with the City of New York and the Brooklyn Bridge Park Development Corporation and a mezzanine loan from a publicly traded real estate investor and related intercreditor agreement.\u003c/p\u003e","\u003cp\u003eRepresented a European lender in connection with a $95.3 million mortgage loan made to a publicly held company and secured by the Exchange Building in Seattle, Washington.\u003c/p\u003e","\u003cp\u003eRepresented a publicly traded banking institution in connection with a $91 million construction loan for a Moxy brand hotel in the Lower East Side of Manhattan, which transaction involved EB-5 financing and negotiation of a food and beverage franchise with a prominent hospitality group.\u003c/p\u003e","\u003cp\u003eRepresented a financial institution in connection with a leverage \u0026lsquo;loan-on-loan\u0026rsquo; transaction made to a private equity firm and secured by a $145 million construction loan on a project located in Menlo Park, California which was preleased to an office tenant and involved complex construction and entitlement issues.\u003c/p\u003e","\u003cp\u003eRepresented a European lender in connection with a $49.2 million mortgage loan containing capital improvement reserves and secured by the Watergate building in Washington, D.C.\u003c/p\u003e","\u003cp\u003eRepresented a publicly traded banking institution in connection with a $90 million construction loan, which included a complex preferred equity investment, for a franchised hotel in Miami, Florida.\u003c/p\u003e","\u003cp\u003eRepresented an international banking institution in connection with a $300 million loan to a publicly traded company secured by One Park Avenue, New York and related syndication thereof.\u003c/p\u003e"],"recognitions":[{"title":"Named to the New York Metro Rising Star Super Lawyer List","detail":"2014, 2015 and 2016"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5965}]},"capability_group_id":1},"created_at":"2025-05-26T04:55:22.000Z","updated_at":"2025-05-26T04:55:22.000Z","searchable_text":"Gable{{ FIELD }}{:title=\u0026gt;\"Named to the New York Metro Rising Star Super Lawyer List\", :detail=\u0026gt;\"2014, 2015 and 2016\"}{{ FIELD }}Represented a European lender as administrative agent, together with the syndicate bank group, in connection with a $285 million mortgage loan made to a joint venture owned by a publicly held company and a REIT and secured by a Class-A office building located in Manhattan.{{ FIELD }}Represented a publicly traded banking institution in connection with a $350 million construction loan made to a joint venture owned by a prominent family-owned developer and a foreign investor secured by a future condominium project in the NoMad neighborhood of Manhattan.{{ FIELD }}Represented a publicly traded banking institution in connection with a leverage ‘loan-on-loan’ transaction made to a private equity firm and secured by a $260 million construction loan in connection with the Essex Crossing project in the Lower East Side of Manhattan.{{ FIELD }}Represented an international bank in a $125 million loan secured by various retail parcels in Boston, Massachusetts.{{ FIELD }}Represented an international lender in connection with the acquisition of a senior construction loan secured by property located in Oakland, California with a pari passu mezzanine construction loan from a publicly traded company, including the negotiation of an intercreditor agreement.{{ FIELD }}Represented a publicly traded banking institution in connection with a $251 million leasehold construction loan for a condominium project in Brooklyn, New York, to a joint venture owned by a prominent family-owned developer and an international publicly traded company, which transaction involved a multi-tier ground lease structure with the City of New York and the Brooklyn Bridge Park Development Corporation and a mezzanine loan from a publicly traded real estate investor and related intercreditor agreement.{{ FIELD }}Represented a European lender in connection with a $95.3 million mortgage loan made to a publicly held company and secured by the Exchange Building in Seattle, Washington.{{ FIELD }}Represented a publicly traded banking institution in connection with a $91 million construction loan for a Moxy brand hotel in the Lower East Side of Manhattan, which transaction involved EB-5 financing and negotiation of a food and beverage franchise with a prominent hospitality group.{{ FIELD }}Represented a financial institution in connection with a leverage ‘loan-on-loan’ transaction made to a private equity firm and secured by a $145 million construction loan on a project located in Menlo Park, California which was preleased to an office tenant and involved complex construction and entitlement issues.{{ FIELD }}Represented a European lender in connection with a $49.2 million mortgage loan containing capital improvement reserves and secured by the Watergate building in Washington, D.C.{{ FIELD }}Represented a publicly traded banking institution in connection with a $90 million construction loan, which included a complex preferred equity investment, for a franchised hotel in Miami, Florida.{{ FIELD }}Represented an international banking institution in connection with a $300 million loan to a publicly traded company secured by One Park Avenue, New York and related syndication thereof.{{ FIELD }}Elizabeth specializes in representing a diverse group of clients in a wide range of real estate finance transactions.  She has substantial experience representing domestic and foreign financial institutions in connection with the structuring, origination, acquisition and modification of complex construction, permanent and leverage loans which are secured by diverse collateral located throughout the country.\nElizabeth regularly encounters a full array of financing structures, client types and asset classes.  She represents a diverse client base that participates in each level of the capital stack, ranging from institutional lenders in connection with single or multi-lender syndicated construction and mortgage loans to privately and publicly held financial institutions in connection with leverage, mezzanine, bridge and participating loans.  Her transactions are routinely secured by a variety of collateral, including trophy office buildings in the heart of Manhattan, hotels in a multitude of metropolitan areas, assemblages of land located in the Midwest and condominium and rental projects across the United States. Partner Named to the New York Metro Rising Star Super Lawyer List 2014, 2015 and 2016 Villanova University Villanova University School of Law Georgetown University Georgetown University Law Center New York Represented a European lender as administrative agent, together with the syndicate bank group, in connection with a $285 million mortgage loan made to a joint venture owned by a publicly held company and a REIT and secured by a Class-A office building located in Manhattan. Represented a publicly traded banking institution in connection with a $350 million construction loan made to a joint venture owned by a prominent family-owned developer and a foreign investor secured by a future condominium project in the NoMad neighborhood of Manhattan. Represented a publicly traded banking institution in connection with a leverage ‘loan-on-loan’ transaction made to a private equity firm and secured by a $260 million construction loan in connection with the Essex Crossing project in the Lower East Side of Manhattan. Represented an international bank in a $125 million loan secured by various retail parcels in Boston, Massachusetts. Represented an international lender in connection with the acquisition of a senior construction loan secured by property located in Oakland, California with a pari passu mezzanine construction loan from a publicly traded company, including the negotiation of an intercreditor agreement. Represented a publicly traded banking institution in connection with a $251 million leasehold construction loan for a condominium project in Brooklyn, New York, to a joint venture owned by a prominent family-owned developer and an international publicly traded company, which transaction involved a multi-tier ground lease structure with the City of New York and the Brooklyn Bridge Park Development Corporation and a mezzanine loan from a publicly traded real estate investor and related intercreditor agreement. Represented a European lender in connection with a $95.3 million mortgage loan made to a publicly held company and secured by the Exchange Building in Seattle, Washington. Represented a publicly traded banking institution in connection with a $91 million construction loan for a Moxy brand hotel in the Lower East Side of Manhattan, which transaction involved EB-5 financing and negotiation of a food and beverage franchise with a prominent hospitality group. Represented a financial institution in connection with a leverage ‘loan-on-loan’ transaction made to a private equity firm and secured by a $145 million construction loan on a project located in Menlo Park, California which was preleased to an office tenant and involved complex construction and entitlement issues. Represented a European lender in connection with a $49.2 million mortgage loan containing capital improvement reserves and secured by the Watergate building in Washington, D.C. Represented a publicly traded banking institution in connection with a $90 million construction loan, which included a complex preferred equity investment, for a franchised hotel in Miami, Florida. Represented an international banking institution in connection with a $300 million loan to a publicly traded company secured by One Park Avenue, New York and related syndication thereof.","searchable_name":"Elizabeth Gable","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":446148,"version":1,"owner_type":"Person","owner_id":6245,"payload":{"bio":"\u003cp\u003eKari Gardiner is a partner\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Washington, DC office and a member of the Real Estate and Funds practice group. Kari represents clients in all aspects of real estate transactions throughout the United States, including acquisitions, dispositions, real estate financings and workouts, and corporate structuring and restructuring. Kari\u0026rsquo;s experience includes representing clients in affordable housing transactions, including new developments, construction financings, debt refinancing, and low-income housing tax credit syndications and related transactions. Kari has\u0026nbsp; experience representing developers, investors, lenders. lenders participating in the New Markets Tax Credit program, housing authorities and non-profit developers.\u003c/p\u003e","slug":"kari-gardiner","email":"kgardiner@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[],"is_active":true,"last_name":"Gardiner","nick_name":"Kari","clerkships":[],"first_name":"Kari","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eKari Gardiner is a partner\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Washington, DC office and a member of the Real Estate and Funds practice group. Kari represents clients in all aspects of real estate transactions throughout the United States, including acquisitions, dispositions, real estate financings and workouts, and corporate structuring and restructuring. Kari\u0026rsquo;s experience includes representing clients in affordable housing transactions, including new developments, construction financings, debt refinancing, and low-income housing tax credit syndications and related transactions. Kari has\u0026nbsp; experience representing developers, investors, lenders. lenders participating in the New Markets Tax Credit program, housing authorities and non-profit developers.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9968}]},"capability_group_id":null},"created_at":"2026-02-24T23:08:52.000Z","updated_at":"2026-02-24T23:08:52.000Z","searchable_text":"Gardiner{{ FIELD }}Kari Gardiner is a partner in King \u0026amp; Spalding’s Washington, DC office and a member of the Real Estate and Funds practice group. Kari represents clients in all aspects of real estate transactions throughout the United States, including acquisitions, dispositions, real estate financings and workouts, and corporate structuring and restructuring. Kari’s experience includes representing clients in affordable housing transactions, including new developments, construction financings, debt refinancing, and low-income housing tax credit syndications and related transactions. Kari has  experience representing developers, investors, lenders. lenders participating in the New Markets Tax Credit program, housing authorities and non-profit developers. Partner","searchable_name":"Kari Gardiner","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":440972,"version":1,"owner_type":"Person","owner_id":5848,"payload":{"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","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":444204,"version":1,"owner_type":"Person","owner_id":2836,"payload":{"bio":"\u003cp\u003eBryant Gatrell is a partner in our Corporate, Finance \u0026amp; Investments\u0026nbsp;Practice Group.\u0026nbsp; He focuses his practice on the representation of financial institutions in leveraged, asset based and investment grade financings, as well as workouts and restructurings. \u0026nbsp;Bryant has extensive experience representing Fortune 50 financial institutions, private debt funds, BDC's,\u0026nbsp;bondholders, lender groups, and other material stakeholders in complex financings throughout the capital structure, including unitranche and cross-border financings, in-court and out-of-court business reorganizations and debt restructurings.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eWith more than twenty-five years\u0026nbsp;of experience, Bryant helps clients structure, negotiate and close financial transactions and restructurings in a wide array of industries, including telecom, media and technology, infrastructure, retail, restaurant, franchise and hospitality, healthcare and pharmaceutical, defense and aerospace, energy, transportation, commercial real estate and general industrial. Clients rely on his knowledge of the market and his commercial approach to closing deals to provide superior service to their customers in an increasingly competitive environment. \u0026nbsp;\u003c/p\u003e\n\u003cp\u003eSome of Bryant\u0026rsquo;s recent significant representations include advising:\u0026nbsp;\u0026nbsp;\u003cstrong\u003eAntares Capital LP\u003c/strong\u003e, as agent and lead arranger, in a $3,610,000,000 unitranche facility for a\u0026nbsp;diversified insurance brokerage\u0026nbsp;company;\u003cstrong\u003e\u0026nbsp;Webster Bank, N.A.\u003c/strong\u003e, as agent and lead arranger, in connection with Everstream Solutions, LLC\u0026rsquo;s purchase of fiber assets out of the Chapter 11 bankruptcy of Great Lakes Comnet and Comlink; Capital One, National Association, as agent, in connection with an asset based lending facility for an e-commerce company providing outdoor cooking and living products;\u0026nbsp;\u003cstrong\u003eCapital One, N.A.\u003c/strong\u003e, as agent and lead arranger, in connection with an asset based facility for bbq grill manufacturer;\u0026nbsp;\u003cstrong\u003eGolub Capital LLC\u003c/strong\u003e, as agent and arranger, in connection with a secured credit facility to finance the acquisition of an addiction treatment company;\u0026nbsp;\u003cstrong\u003eMarathon Asset Management\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eChurchill Asset Management\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eMJX Asset Management\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eAllianz\u003c/strong\u003e\u0026nbsp;in connection with a super senior term loan to one of the largest car rental wholesale companies;\u0026nbsp;\u003cstrong\u003eWells Fargo Bank, National Association\u003c/strong\u003e, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers; a\u0026nbsp;\u003cstrong\u003esteering committee of term loan lenders\u003c/strong\u003e\u0026nbsp;of Vince, LLC;\u0026nbsp;\u003cstrong\u003eGoldman Sachs, Cerberus Capital Management, Arbour Lane Capital Management\u0026nbsp;\u003c/strong\u003eand\u003cstrong\u003e\u0026nbsp;other members of an ad hoc group of first lien and second lien lenders\u003c/strong\u003e\u0026nbsp;in an out-of-court restructuring of $450,000,000 in debt to a leading provider of visual marketing products for retailers, restaurants, movie studios and other entertainment companies, and medical service providers;\u0026nbsp;\u003cstrong\u003eU.S. Bank, N.A.\u003c/strong\u003e, as administrative agent and arranger, in connection a $3,750,000,000 vehicle floorplan facility for one of the largest automotive retailers in the United States; and\u0026nbsp;\u003cstrong\u003eCredit Suisse AG, Cayman Islands Branch\u003c/strong\u003e, as agent, and a\u003cstrong\u003e\u0026nbsp;steering committee of senior secured lenders\u003c/strong\u003e\u0026nbsp;in the prepackaged Chapter 11 cases of Fairway Group Holdings Corp.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003ePresentations, Speeches and Articles\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eFranchise Times Finance and Growth Conference\u003cbr /\u003e\u0026ldquo;Financial Covenants\u0026rdquo;\u003cbr /\u003e\u0026ldquo;Middle Market Leveraged Finance Trends\u0026rdquo;\u003cbr /\u003e\u0026ldquo;Middle Market Leveraged Finance\u0026rdquo;\u003cbr /\u003e\u0026ldquo;Sponsors\u0026rsquo; View of Term Sheets\u0026rdquo;\u003c/p\u003e","slug":"bryant-gatrell","email":"bgatrell@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented \u003cstrong\u003eWebster Bank, N.A.\u003c/strong\u003e, as agent and lead arranger, in providing senior secured credit facilities for the purchase by fiber network operator Everstream Solutions, LLC of the assets of Great Lakes Comnet and Comlink (GLC) out of GLC\u0026rsquo;s Chapter 11 bankruptcy.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eBenefit Street Partners, LLC\u003c/strong\u003e, as agent and lead arranger, in providing senior secured credit facilities to \u003cstrong\u003eInventure Foods Inc.\u003c/strong\u003e, a leading specialty food marketing and manufacturer.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eWells Fargo Bank, National Association\u003c/strong\u003e, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eGSO Capital Partners\u003c/strong\u003e as a lender in the Chapter 11 cases of \u003cstrong\u003eRoadhouse Holding Inc. (a/k/a Logan's Roadhouse)\u003c/strong\u003e and its affiliated debtors. \u0026nbsp;During the Chapter 11 cases, Logan's successfully optimized its restaurant portfolio and substantially deleveraged its capital structure.\u0026nbsp; King \u0026amp; Spalding now serves as corporate counsel to Logan\u0026rsquo;s Roadhouse post-restructuring.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eSunTrust Bank\u003c/strong\u003e, as agent and arranger, in providing senior secured credit facilities for an outpatient radiology center company.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong\u003esteering committee of term loan lenders\u003c/strong\u003e under the senior secured term loan facility in favor of \u003cstrong\u003eVince, LLC\u003c/strong\u003e.\u003c/p\u003e","\u003cp\u003eRepresented an \u003cstrong\u003einvestment fund\u003c/strong\u003e in financing the acquisition by a private equity firm of a company providing drug and alcohol addiction treatment services.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCredit Suisse AG, Cayman Islands Branch\u003c/strong\u003e, as agent under a senior secured credit facility (and subsequent DIP and exit facilities), and a steering committee of senior secured lenders, in the prepackaged chapter 11 cases of \u003cstrong\u003eFairway Group Holdings Corp.\u003c/strong\u003e and its subsidiaries.\u0026nbsp; Fairway\u0026rsquo;s Chapter 11 has been recognized as the 2017 Consumer Staples Deal of the Year (Over $100 Million) by The M\u0026amp;A Advisor and the 2017 Turnaround Atlas Award for Pre-Pack Restructuring of the Year (Under $1 Billion) by Global M\u0026amp;A Network.\u0026nbsp; King \u0026amp; Spalding now serves as corporate counsel to Fairway post-restructuring.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eModern Bank, N.A.\u003c/strong\u003e, as agent and lender, in providing a senior secured delayed draw term loan facility to The Smilist Management, Inc. to support its future purchase of dental practices.\u003c/p\u003e","\u003cp\u003eRepresented a steering committee of senior secured term lenders under a senior secured credit facility (and subsequent DIP and exit facilities) in the Chapter 11 cases of \u003cstrong\u003eBoomerang Tube, LLC\u003c/strong\u003e and its affiliates.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eGeneral Electric Capital Corporation\u003c/strong\u003e, as agent, in connection with a senior secured asset-based lending facility in favor of \u003cstrong\u003eBrookstone Company, Inc\u003c/strong\u003e., the proceeds of which financed, in part, Brookstone\u0026rsquo;s acquisition by affiliates of Chinese investment fund The Sanpower Group.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCitizens Bank, National Association\u003c/strong\u003e, as agent and lead arranger, in connection with a senior secured financing for a media company.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eGeneral Electric Capital Corporation\u003c/strong\u003e, as agent, in connection with a senior secured asset-based lending facility in favor of \u003cstrong\u003eRadioShack Corporation\u003c/strong\u003e.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":85}]},"expertise":[{"id":26,"guid":"26.capabilities","index":0,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":1,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":2,"source":"capabilities"},{"id":104,"guid":"104.capabilities","index":3,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":4,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":5,"source":"capabilities"},{"id":32,"guid":"32.capabilities","index":6,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":7,"source":"capabilities"},{"id":734,"guid":"734.smart_tags","index":8,"source":"smartTags"},{"id":36,"guid":"36.capabilities","index":9,"source":"capabilities"},{"id":75,"guid":"75.capabilities","index":10,"source":"capabilities"},{"id":80,"guid":"80.capabilities","index":11,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":12,"source":"capabilities"}],"is_active":true,"last_name":"Gatrell","nick_name":"Bryant","clerkships":[],"first_name":"Matthew","title_rank":9999,"updated_by":101,"law_schools":[{"id":2237,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":1,"graduation_date":"1996-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"Bryant","name_suffix":"","recognitions":[{"title":"Banking and Finance Law ","detail":"The Best Lawyers in America, 2013–2017"}],"linked_in_url":"https://www.linkedin.com/in/bryant-gatrell-400b2316/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eBryant Gatrell is a partner in our Corporate, Finance \u0026amp; Investments\u0026nbsp;Practice Group.\u0026nbsp; He focuses his practice on the representation of financial institutions in leveraged, asset based and investment grade financings, as well as workouts and restructurings. \u0026nbsp;Bryant has extensive experience representing Fortune 50 financial institutions, private debt funds, BDC's,\u0026nbsp;bondholders, lender groups, and other material stakeholders in complex financings throughout the capital structure, including unitranche and cross-border financings, in-court and out-of-court business reorganizations and debt restructurings.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eWith more than twenty-five years\u0026nbsp;of experience, Bryant helps clients structure, negotiate and close financial transactions and restructurings in a wide array of industries, including telecom, media and technology, infrastructure, retail, restaurant, franchise and hospitality, healthcare and pharmaceutical, defense and aerospace, energy, transportation, commercial real estate and general industrial. Clients rely on his knowledge of the market and his commercial approach to closing deals to provide superior service to their customers in an increasingly competitive environment. \u0026nbsp;\u003c/p\u003e\n\u003cp\u003eSome of Bryant\u0026rsquo;s recent significant representations include advising:\u0026nbsp;\u0026nbsp;\u003cstrong\u003eAntares Capital LP\u003c/strong\u003e, as agent and lead arranger, in a $3,610,000,000 unitranche facility for a\u0026nbsp;diversified insurance brokerage\u0026nbsp;company;\u003cstrong\u003e\u0026nbsp;Webster Bank, N.A.\u003c/strong\u003e, as agent and lead arranger, in connection with Everstream Solutions, LLC\u0026rsquo;s purchase of fiber assets out of the Chapter 11 bankruptcy of Great Lakes Comnet and Comlink; Capital One, National Association, as agent, in connection with an asset based lending facility for an e-commerce company providing outdoor cooking and living products;\u0026nbsp;\u003cstrong\u003eCapital One, N.A.\u003c/strong\u003e, as agent and lead arranger, in connection with an asset based facility for bbq grill manufacturer;\u0026nbsp;\u003cstrong\u003eGolub Capital LLC\u003c/strong\u003e, as agent and arranger, in connection with a secured credit facility to finance the acquisition of an addiction treatment company;\u0026nbsp;\u003cstrong\u003eMarathon Asset Management\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eChurchill Asset Management\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eMJX Asset Management\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eAllianz\u003c/strong\u003e\u0026nbsp;in connection with a super senior term loan to one of the largest car rental wholesale companies;\u0026nbsp;\u003cstrong\u003eWells Fargo Bank, National Association\u003c/strong\u003e, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers; a\u0026nbsp;\u003cstrong\u003esteering committee of term loan lenders\u003c/strong\u003e\u0026nbsp;of Vince, LLC;\u0026nbsp;\u003cstrong\u003eGoldman Sachs, Cerberus Capital Management, Arbour Lane Capital Management\u0026nbsp;\u003c/strong\u003eand\u003cstrong\u003e\u0026nbsp;other members of an ad hoc group of first lien and second lien lenders\u003c/strong\u003e\u0026nbsp;in an out-of-court restructuring of $450,000,000 in debt to a leading provider of visual marketing products for retailers, restaurants, movie studios and other entertainment companies, and medical service providers;\u0026nbsp;\u003cstrong\u003eU.S. Bank, N.A.\u003c/strong\u003e, as administrative agent and arranger, in connection a $3,750,000,000 vehicle floorplan facility for one of the largest automotive retailers in the United States; and\u0026nbsp;\u003cstrong\u003eCredit Suisse AG, Cayman Islands Branch\u003c/strong\u003e, as agent, and a\u003cstrong\u003e\u0026nbsp;steering committee of senior secured lenders\u003c/strong\u003e\u0026nbsp;in the prepackaged Chapter 11 cases of Fairway Group Holdings Corp.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003ePresentations, Speeches and Articles\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eFranchise Times Finance and Growth Conference\u003cbr /\u003e\u0026ldquo;Financial Covenants\u0026rdquo;\u003cbr /\u003e\u0026ldquo;Middle Market Leveraged Finance Trends\u0026rdquo;\u003cbr /\u003e\u0026ldquo;Middle Market Leveraged Finance\u0026rdquo;\u003cbr /\u003e\u0026ldquo;Sponsors\u0026rsquo; View of Term Sheets\u0026rdquo;\u003c/p\u003e","matters":["\u003cp\u003eRepresented \u003cstrong\u003eWebster Bank, N.A.\u003c/strong\u003e, as agent and lead arranger, in providing senior secured credit facilities for the purchase by fiber network operator Everstream Solutions, LLC of the assets of Great Lakes Comnet and Comlink (GLC) out of GLC\u0026rsquo;s Chapter 11 bankruptcy.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eBenefit Street Partners, LLC\u003c/strong\u003e, as agent and lead arranger, in providing senior secured credit facilities to \u003cstrong\u003eInventure Foods Inc.\u003c/strong\u003e, a leading specialty food marketing and manufacturer.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eWells Fargo Bank, National Association\u003c/strong\u003e, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eGSO Capital Partners\u003c/strong\u003e as a lender in the Chapter 11 cases of \u003cstrong\u003eRoadhouse Holding Inc. (a/k/a Logan's Roadhouse)\u003c/strong\u003e and its affiliated debtors. \u0026nbsp;During the Chapter 11 cases, Logan's successfully optimized its restaurant portfolio and substantially deleveraged its capital structure.\u0026nbsp; King \u0026amp; Spalding now serves as corporate counsel to Logan\u0026rsquo;s Roadhouse post-restructuring.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eSunTrust Bank\u003c/strong\u003e, as agent and arranger, in providing senior secured credit facilities for an outpatient radiology center company.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong\u003esteering committee of term loan lenders\u003c/strong\u003e under the senior secured term loan facility in favor of \u003cstrong\u003eVince, LLC\u003c/strong\u003e.\u003c/p\u003e","\u003cp\u003eRepresented an \u003cstrong\u003einvestment fund\u003c/strong\u003e in financing the acquisition by a private equity firm of a company providing drug and alcohol addiction treatment services.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCredit Suisse AG, Cayman Islands Branch\u003c/strong\u003e, as agent under a senior secured credit facility (and subsequent DIP and exit facilities), and a steering committee of senior secured lenders, in the prepackaged chapter 11 cases of \u003cstrong\u003eFairway Group Holdings Corp.\u003c/strong\u003e and its subsidiaries.\u0026nbsp; Fairway\u0026rsquo;s Chapter 11 has been recognized as the 2017 Consumer Staples Deal of the Year (Over $100 Million) by The M\u0026amp;A Advisor and the 2017 Turnaround Atlas Award for Pre-Pack Restructuring of the Year (Under $1 Billion) by Global M\u0026amp;A Network.\u0026nbsp; King \u0026amp; Spalding now serves as corporate counsel to Fairway post-restructuring.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eModern Bank, N.A.\u003c/strong\u003e, as agent and lender, in providing a senior secured delayed draw term loan facility to The Smilist Management, Inc. to support its future purchase of dental practices.\u003c/p\u003e","\u003cp\u003eRepresented a steering committee of senior secured term lenders under a senior secured credit facility (and subsequent DIP and exit facilities) in the Chapter 11 cases of \u003cstrong\u003eBoomerang Tube, LLC\u003c/strong\u003e and its affiliates.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eGeneral Electric Capital Corporation\u003c/strong\u003e, as agent, in connection with a senior secured asset-based lending facility in favor of \u003cstrong\u003eBrookstone Company, Inc\u003c/strong\u003e., the proceeds of which financed, in part, Brookstone\u0026rsquo;s acquisition by affiliates of Chinese investment fund The Sanpower Group.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCitizens Bank, National Association\u003c/strong\u003e, as agent and lead arranger, in connection with a senior secured financing for a media company.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eGeneral Electric Capital Corporation\u003c/strong\u003e, as agent, in connection with a senior secured asset-based lending facility in favor of \u003cstrong\u003eRadioShack Corporation\u003c/strong\u003e.\u003c/p\u003e"],"recognitions":[{"title":"Banking and Finance Law ","detail":"The Best Lawyers in America, 2013–2017"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":868}]},"capability_group_id":1},"created_at":"2025-12-12T04:52:29.000Z","updated_at":"2025-12-12T04:52:29.000Z","searchable_text":"Gatrell{{ FIELD }}{:title=\u0026gt;\"Banking and Finance Law \", :detail=\u0026gt;\"The Best Lawyers in America, 2013–2017\"}{{ FIELD }}Represented Webster Bank, N.A., as agent and lead arranger, in providing senior secured credit facilities for the purchase by fiber network operator Everstream Solutions, LLC of the assets of Great Lakes Comnet and Comlink (GLC) out of GLC’s Chapter 11 bankruptcy.{{ FIELD }}Represented Benefit Street Partners, LLC, as agent and lead arranger, in providing senior secured credit facilities to Inventure Foods Inc., a leading specialty food marketing and manufacturer.{{ FIELD }}Represented Wells Fargo Bank, National Association, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers.{{ FIELD }}Represented GSO Capital Partners as a lender in the Chapter 11 cases of Roadhouse Holding Inc. (a/k/a Logan's Roadhouse) and its affiliated debtors.  During the Chapter 11 cases, Logan's successfully optimized its restaurant portfolio and substantially deleveraged its capital structure.  King \u0026amp; Spalding now serves as corporate counsel to Logan’s Roadhouse post-restructuring.{{ FIELD }}Represented SunTrust Bank, as agent and arranger, in providing senior secured credit facilities for an outpatient radiology center company.{{ FIELD }}Represented a steering committee of term loan lenders under the senior secured term loan facility in favor of Vince, LLC.{{ FIELD }}Represented an investment fund in financing the acquisition by a private equity firm of a company providing drug and alcohol addiction treatment services.{{ FIELD }}Represented Credit Suisse AG, Cayman Islands Branch, as agent under a senior secured credit facility (and subsequent DIP and exit facilities), and a steering committee of senior secured lenders, in the prepackaged chapter 11 cases of Fairway Group Holdings Corp. and its subsidiaries.  Fairway’s Chapter 11 has been recognized as the 2017 Consumer Staples Deal of the Year (Over $100 Million) by The M\u0026amp;A Advisor and the 2017 Turnaround Atlas Award for Pre-Pack Restructuring of the Year (Under $1 Billion) by Global M\u0026amp;A Network.  King \u0026amp; Spalding now serves as corporate counsel to Fairway post-restructuring.{{ FIELD }}Represented Modern Bank, N.A., as agent and lender, in providing a senior secured delayed draw term loan facility to The Smilist Management, Inc. to support its future purchase of dental practices.{{ FIELD }}Represented a steering committee of senior secured term lenders under a senior secured credit facility (and subsequent DIP and exit facilities) in the Chapter 11 cases of Boomerang Tube, LLC and its affiliates.{{ FIELD }}Represented General Electric Capital Corporation, as agent, in connection with a senior secured asset-based lending facility in favor of Brookstone Company, Inc., the proceeds of which financed, in part, Brookstone’s acquisition by affiliates of Chinese investment fund The Sanpower Group.{{ FIELD }}Represented Citizens Bank, National Association, as agent and lead arranger, in connection with a senior secured financing for a media company.{{ FIELD }}Represented General Electric Capital Corporation, as agent, in connection with a senior secured asset-based lending facility in favor of RadioShack Corporation.{{ FIELD }}Bryant Gatrell is a partner in our Corporate, Finance \u0026amp; Investments Practice Group.  He focuses his practice on the representation of financial institutions in leveraged, asset based and investment grade financings, as well as workouts and restructurings.  Bryant has extensive experience representing Fortune 50 financial institutions, private debt funds, BDC's, bondholders, lender groups, and other material stakeholders in complex financings throughout the capital structure, including unitranche and cross-border financings, in-court and out-of-court business reorganizations and debt restructurings. \nWith more than twenty-five years of experience, Bryant helps clients structure, negotiate and close financial transactions and restructurings in a wide array of industries, including telecom, media and technology, infrastructure, retail, restaurant, franchise and hospitality, healthcare and pharmaceutical, defense and aerospace, energy, transportation, commercial real estate and general industrial. Clients rely on his knowledge of the market and his commercial approach to closing deals to provide superior service to their customers in an increasingly competitive environment.  \nSome of Bryant’s recent significant representations include advising:  Antares Capital LP, as agent and lead arranger, in a $3,610,000,000 unitranche facility for a diversified insurance brokerage company; Webster Bank, N.A., as agent and lead arranger, in connection with Everstream Solutions, LLC’s purchase of fiber assets out of the Chapter 11 bankruptcy of Great Lakes Comnet and Comlink; Capital One, National Association, as agent, in connection with an asset based lending facility for an e-commerce company providing outdoor cooking and living products; Capital One, N.A., as agent and lead arranger, in connection with an asset based facility for bbq grill manufacturer; Golub Capital LLC, as agent and arranger, in connection with a secured credit facility to finance the acquisition of an addiction treatment company; Marathon Asset Management, Churchill Asset Management, MJX Asset Management and Allianz in connection with a super senior term loan to one of the largest car rental wholesale companies; Wells Fargo Bank, National Association, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers; a steering committee of term loan lenders of Vince, LLC; Goldman Sachs, Cerberus Capital Management, Arbour Lane Capital Management and other members of an ad hoc group of first lien and second lien lenders in an out-of-court restructuring of $450,000,000 in debt to a leading provider of visual marketing products for retailers, restaurants, movie studios and other entertainment companies, and medical service providers; U.S. Bank, N.A., as administrative agent and arranger, in connection a $3,750,000,000 vehicle floorplan facility for one of the largest automotive retailers in the United States; and Credit Suisse AG, Cayman Islands Branch, as agent, and a steering committee of senior secured lenders in the prepackaged Chapter 11 cases of Fairway Group Holdings Corp.\nPresentations, Speeches and Articles\nFranchise Times Finance and Growth Conference“Financial Covenants”“Middle Market Leveraged Finance Trends”“Middle Market Leveraged Finance”“Sponsors’ View of Term Sheets” Bryant Gatrell Partner Banking and Finance Law  The Best Lawyers in America, 2013–2017 University of Missouri-Columbia University of Missouri School of Law University of Michigan University of Michigan Law School North Carolina Represented Webster Bank, N.A., as agent and lead arranger, in providing senior secured credit facilities for the purchase by fiber network operator Everstream Solutions, LLC of the assets of Great Lakes Comnet and Comlink (GLC) out of GLC’s Chapter 11 bankruptcy. Represented Benefit Street Partners, LLC, as agent and lead arranger, in providing senior secured credit facilities to Inventure Foods Inc., a leading specialty food marketing and manufacturer. Represented Wells Fargo Bank, National Association, as agent and arranger, in providing senior secured credit facilities for a multi-state operator of television stations and newspapers. Represented GSO Capital Partners as a lender in the Chapter 11 cases of Roadhouse Holding Inc. (a/k/a Logan's Roadhouse) and its affiliated debtors.  During the Chapter 11 cases, Logan's successfully optimized its restaurant portfolio and substantially deleveraged its capital structure.  King \u0026amp; Spalding now serves as corporate counsel to Logan’s Roadhouse post-restructuring. Represented SunTrust Bank, as agent and arranger, in providing senior secured credit facilities for an outpatient radiology center company. Represented a steering committee of term loan lenders under the senior secured term loan facility in favor of Vince, LLC. Represented an investment fund in financing the acquisition by a private equity firm of a company providing drug and alcohol addiction treatment services. Represented Credit Suisse AG, Cayman Islands Branch, as agent under a senior secured credit facility (and subsequent DIP and exit facilities), and a steering committee of senior secured lenders, in the prepackaged chapter 11 cases of Fairway Group Holdings Corp. and its subsidiaries.  Fairway’s Chapter 11 has been recognized as the 2017 Consumer Staples Deal of the Year (Over $100 Million) by The M\u0026amp;A Advisor and the 2017 Turnaround Atlas Award for Pre-Pack Restructuring of the Year (Under $1 Billion) by Global M\u0026amp;A Network.  King \u0026amp; Spalding now serves as corporate counsel to Fairway post-restructuring. Represented Modern Bank, N.A., as agent and lender, in providing a senior secured delayed draw term loan facility to The Smilist Management, Inc. to support its future purchase of dental practices. Represented a steering committee of senior secured term lenders under a senior secured credit facility (and subsequent DIP and exit facilities) in the Chapter 11 cases of Boomerang Tube, LLC and its affiliates. Represented General Electric Capital Corporation, as agent, in connection with a senior secured asset-based lending facility in favor of Brookstone Company, Inc., the proceeds of which financed, in part, Brookstone’s acquisition by affiliates of Chinese investment fund The Sanpower Group. Represented Citizens Bank, National Association, as agent and lead arranger, in connection with a senior secured financing for a media company. Represented General Electric Capital Corporation, as agent, in connection with a senior secured asset-based lending facility in favor of RadioShack Corporation.","searchable_name":"Matthew Bryant Gatrell (Bryant)","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":427193,"version":1,"owner_type":"Person","owner_id":6478,"payload":{"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","slug":"russell-gaudreau","email":"rgaudreau@kslaw.com","phone":null,"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"],"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":16,"guid":"16.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":6,"source":"capabilities"},{"id":761,"guid":"761.smart_tags","index":7,"source":"smartTags"},{"id":762,"guid":"762.smart_tags","index":8,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":9,"source":"smartTags"}],"is_active":true,"last_name":"Gaudreau","nick_name":"Chip","clerkships":[{"name":"Law Clerk, Hon. Richard K. Eaton, U.S. Court of International Trade","years_held":"1998 - 2000"}],"first_name":"Russell","title_rank":9999,"updated_by":32,"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","detail":"The Legal 500 United States, Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices - Defense, 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","detail":"The Legal 500 United States, Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices - Defense, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10349}]},"capability_group_id":3},"created_at":"2025-05-26T04:59:11.000Z","updated_at":"2025-05-26T04:59:11.000Z","searchable_text":"Gaudreau{{ FIELD }}{:title=\u0026gt;\"Listed\", :detail=\u0026gt;\"The Legal 500 United States, Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices - Defense, 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 The Legal 500 United States, Dispute Resolution - Product Liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices - Defense, 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":32,"capability_group_featured":null,"home_page_featured":null},{"id":443282,"version":1,"owner_type":"Person","owner_id":5125,"payload":{"bio":"\u003cp\u003eCarter George focuses his practice on\u0026nbsp;representing Fortune 100 and other entities\u0026nbsp;in a wide range of complex litigation, including commercial disputes, toxic tort, automotive,\u0026nbsp;and other product liability and tort cases.\u0026nbsp; He\u0026nbsp;has been a part of multiple trial teams in cases that have gone to verdict, and\u0026nbsp;he frequently\u0026nbsp;secures dismissals and summary adjudication in high-stakes civil litigation.\u0026nbsp; Carter has\u0026nbsp;extensive deposition,\u0026nbsp;motion practice, alternative dispute resolution\u0026nbsp;and case management\u0026nbsp;experience, and he regularly\u0026nbsp;prepares company representatives for deposition.\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eCarter also maintains a diverse pro bono practice, is a mentor to\u0026nbsp;summer associates,\u0026nbsp;and previously served on the Firmwide\u0026nbsp;Associates Committee.\u0026nbsp; Carter is a member of the Law Council\u0026nbsp;for Washington and Lee University School of Law.\u0026nbsp;\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining King \u0026amp; Spalding, Carter practiced at a Los Angeles litigation boutique handling all aspects of general commercial litigation\u0026nbsp;and white collar matters involving\u0026nbsp;cryptocurrency, corporate fraud and copyright disputes.\u0026nbsp; Following law school, he clerked for the Honorable Irene C. Berger\u0026nbsp;in the Southern District of West Virginia, and during law school he externed at the Fourth Circuit Court of Appeals for the Honorable Robert B. King.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","slug":"carter-george","email":"cgeorge@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eJohnson \u0026amp; Johnson\u003c/strong\u003e\u0026nbsp;in talc-related litigation. Obtained several dismissals and summary judgment of personal injury claims, including grant of\u0026nbsp;\u003cem\u003eforum non conveniens\u003c/em\u003e\u0026nbsp;motion. Helped secure complete defense verdicts at trial and successfully opposed subsequent motion for new trial.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003epop culture collectibles company\u003c/strong\u003e\u0026nbsp;in commercial dispute involving importation of goods from abroad.\u003c/p\u003e","\u003cp\u003eObtained time served sentence for\u0026nbsp;\u003cstrong\u003epro bono client\u003c/strong\u003e\u0026nbsp;in supervised release revocation proceedings.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eGeneral Motors\u003c/strong\u003e\u0026nbsp;in multiple Song-Beverly matters. Obtained numerous dismissals and summary adjudication of fraud claims and negotiated resolution on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eglobal industrial entity\u003c/strong\u003e\u0026nbsp;in personal injury action regarding allegations of latent multi-year injury to several plaintiffs.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eThe Viking Group, Inc.\u003c/strong\u003e\u0026nbsp;in products liability claims. Resolved matters on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented leading\u0026nbsp;\u003cstrong\u003ecomputer security researcher\u003c/strong\u003e\u0026nbsp;in criminal matter involving malware.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eglobal\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003edigital agency\u003c/strong\u003e\u0026nbsp;in adversary proceeding in bankruptcy court. Secured advantageous resolution.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eInternet-based television provider\u003c/strong\u003e\u0026nbsp;in landmark litigation over Section 111 of the Copyright Act of 1976. Resolved national litigation on beneficial terms.\u003c/p\u003e","\u003cp\u003eRepresented pioneering\u0026nbsp;\u003cstrong\u003ee-cigarette company\u003c/strong\u003e\u0026nbsp;in commercial dispute involving claims of self-dealing, unjust enrichment and corporate waste. Resolved matter on favorable terms before trial.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":3307}]},"expertise":[{"id":17,"guid":"17.capabilities","index":0,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":3,"source":"capabilities"},{"id":4,"guid":"4.capabilities","index":4,"source":"capabilities"},{"id":71,"guid":"71.capabilities","index":5,"source":"capabilities"},{"id":1256,"guid":"1256.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"George","nick_name":"Carter","clerkships":[{"name":"Intern, Honorable Robert Bruce King, U.S. Court of Appeals for the Fourth Circuit","years_held":"1/13-5/13"},{"name":"Law Clerk, Honorable Irene C. Berger, U.S. District Court for the Southern District of West Virginia","years_held":"9/13-9/15"}],"first_name":"Carter","title_rank":9999,"updated_by":35,"law_schools":[{"id":2484,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2013-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"L.","name_suffix":"","recognitions":[{"title":"Rising Star","detail":"Super Lawyers, 2024"},{"title":"Ones to Watch, Product Liability Litigation - Defendants","detail":"Best Lawyers in America, 2023-2026"},{"title":"Ones to Watch - Commercial Litigation ","detail":"Best Lawyers in America, 2024-2026"},{"title":"Ones to Watch, Mass Tort Litigation / Class Actions - Defendants","detail":"Best Lawyers in America, 2026"}],"linked_in_url":null,"seodescription":"Carter L. George is a partner in our Product Liability \u0026 Mass Torts Practice Group. Read more about him.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eCarter George focuses his practice on\u0026nbsp;representing Fortune 100 and other entities\u0026nbsp;in a wide range of complex litigation, including commercial disputes, toxic tort, automotive,\u0026nbsp;and other product liability and tort cases.\u0026nbsp; He\u0026nbsp;has been a part of multiple trial teams in cases that have gone to verdict, and\u0026nbsp;he frequently\u0026nbsp;secures dismissals and summary adjudication in high-stakes civil litigation.\u0026nbsp; Carter has\u0026nbsp;extensive deposition,\u0026nbsp;motion practice, alternative dispute resolution\u0026nbsp;and case management\u0026nbsp;experience, and he regularly\u0026nbsp;prepares company representatives for deposition.\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eCarter also maintains a diverse pro bono practice, is a mentor to\u0026nbsp;summer associates,\u0026nbsp;and previously served on the Firmwide\u0026nbsp;Associates Committee.\u0026nbsp; Carter is a member of the Law Council\u0026nbsp;for Washington and Lee University School of Law.\u0026nbsp;\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining King \u0026amp; Spalding, Carter practiced at a Los Angeles litigation boutique handling all aspects of general commercial litigation\u0026nbsp;and white collar matters involving\u0026nbsp;cryptocurrency, corporate fraud and copyright disputes.\u0026nbsp; Following law school, he clerked for the Honorable Irene C. Berger\u0026nbsp;in the Southern District of West Virginia, and during law school he externed at the Fourth Circuit Court of Appeals for the Honorable Robert B. King.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eJohnson \u0026amp; Johnson\u003c/strong\u003e\u0026nbsp;in talc-related litigation. Obtained several dismissals and summary judgment of personal injury claims, including grant of\u0026nbsp;\u003cem\u003eforum non conveniens\u003c/em\u003e\u0026nbsp;motion. Helped secure complete defense verdicts at trial and successfully opposed subsequent motion for new trial.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003epop culture collectibles company\u003c/strong\u003e\u0026nbsp;in commercial dispute involving importation of goods from abroad.\u003c/p\u003e","\u003cp\u003eObtained time served sentence for\u0026nbsp;\u003cstrong\u003epro bono client\u003c/strong\u003e\u0026nbsp;in supervised release revocation proceedings.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eGeneral Motors\u003c/strong\u003e\u0026nbsp;in multiple Song-Beverly matters. Obtained numerous dismissals and summary adjudication of fraud claims and negotiated resolution on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eglobal industrial entity\u003c/strong\u003e\u0026nbsp;in personal injury action regarding allegations of latent multi-year injury to several plaintiffs.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eThe Viking Group, Inc.\u003c/strong\u003e\u0026nbsp;in products liability claims. Resolved matters on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented leading\u0026nbsp;\u003cstrong\u003ecomputer security researcher\u003c/strong\u003e\u0026nbsp;in criminal matter involving malware.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eglobal\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003edigital agency\u003c/strong\u003e\u0026nbsp;in adversary proceeding in bankruptcy court. Secured advantageous resolution.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eInternet-based television provider\u003c/strong\u003e\u0026nbsp;in landmark litigation over Section 111 of the Copyright Act of 1976. Resolved national litigation on beneficial terms.\u003c/p\u003e","\u003cp\u003eRepresented pioneering\u0026nbsp;\u003cstrong\u003ee-cigarette company\u003c/strong\u003e\u0026nbsp;in commercial dispute involving claims of self-dealing, unjust enrichment and corporate waste. Resolved matter on favorable terms before trial.\u003c/p\u003e"],"recognitions":[{"title":"Rising Star","detail":"Super Lawyers, 2024"},{"title":"Ones to Watch, Product Liability Litigation - Defendants","detail":"Best Lawyers in America, 2023-2026"},{"title":"Ones to Watch - Commercial Litigation ","detail":"Best Lawyers in America, 2024-2026"},{"title":"Ones to Watch, Mass Tort Litigation / Class Actions - Defendants","detail":"Best Lawyers in America, 2026"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5762},{"id":5762}]},"capability_group_id":3},"created_at":"2025-11-26T18:35:48.000Z","updated_at":"2025-11-26T18:35:48.000Z","searchable_text":"George{{ FIELD }}{:title=\u0026gt;\"Rising Star\", :detail=\u0026gt;\"Super Lawyers, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Ones to Watch, Product Liability Litigation - Defendants\", :detail=\u0026gt;\"Best Lawyers in America, 2023-2026\"}{{ FIELD }}{:title=\u0026gt;\"Ones to Watch - Commercial Litigation \", :detail=\u0026gt;\"Best Lawyers in America, 2024-2026\"}{{ FIELD }}{:title=\u0026gt;\"Ones to Watch, Mass Tort Litigation / Class Actions - Defendants\", :detail=\u0026gt;\"Best Lawyers in America, 2026\"}{{ FIELD }}Represented Johnson \u0026amp; Johnson in talc-related litigation. Obtained several dismissals and summary judgment of personal injury claims, including grant of forum non conveniens motion. Helped secure complete defense verdicts at trial and successfully opposed subsequent motion for new trial.{{ FIELD }}Represented pop culture collectibles company in commercial dispute involving importation of goods from abroad.{{ FIELD }}Obtained time served sentence for pro bono client in supervised release revocation proceedings.{{ FIELD }}Represented General Motors in multiple Song-Beverly matters. Obtained numerous dismissals and summary adjudication of fraud claims and negotiated resolution on favorable terms.{{ FIELD }}Represented global industrial entity in personal injury action regarding allegations of latent multi-year injury to several plaintiffs.{{ FIELD }}Represented The Viking Group, Inc. in products liability claims. Resolved matters on favorable terms.{{ FIELD }}Represented leading computer security researcher in criminal matter involving malware.{{ FIELD }}Represented global digital agency in adversary proceeding in bankruptcy court. Secured advantageous resolution.{{ FIELD }}Represented Internet-based television provider in landmark litigation over Section 111 of the Copyright Act of 1976. Resolved national litigation on beneficial terms.{{ FIELD }}Represented pioneering e-cigarette company in commercial dispute involving claims of self-dealing, unjust enrichment and corporate waste. Resolved matter on favorable terms before trial.{{ FIELD }}Carter George focuses his practice on representing Fortune 100 and other entities in a wide range of complex litigation, including commercial disputes, toxic tort, automotive, and other product liability and tort cases.  He has been a part of multiple trial teams in cases that have gone to verdict, and he frequently secures dismissals and summary adjudication in high-stakes civil litigation.  Carter has extensive deposition, motion practice, alternative dispute resolution and case management experience, and he regularly prepares company representatives for deposition.  \nCarter also maintains a diverse pro bono practice, is a mentor to summer associates, and previously served on the Firmwide Associates Committee.  Carter is a member of the Law Council for Washington and Lee University School of Law.  \nPrior to joining King \u0026amp; Spalding, Carter practiced at a Los Angeles litigation boutique handling all aspects of general commercial litigation and white collar matters involving cryptocurrency, corporate fraud and copyright disputes.  Following law school, he clerked for the Honorable Irene C. Berger in the Southern District of West Virginia, and during law school he externed at the Fourth Circuit Court of Appeals for the Honorable Robert B. King.   Carter George lawyer Partner Rising Star Super Lawyers, 2024 Ones to Watch, Product Liability Litigation - Defendants Best Lawyers in America, 2023-2026 Ones to Watch - Commercial Litigation  Best Lawyers in America, 2024-2026 Ones to Watch, Mass Tort Litigation / Class Actions - Defendants Best Lawyers in America, 2026 University of Mississippi University of Mississippi School of Law Washington and Lee University Washington and Lee University School of Law Supreme Court of the United States 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 Eastern District of California U.S. District Court for the Northern District of California California New York U.S. Bankruptcy Court for the Central District of California Intern, Honorable Robert Bruce King, U.S. Court of Appeals for the Fourth Circuit Law Clerk, Honorable Irene C. Berger, U.S. District Court for the Southern District of West Virginia Represented Johnson \u0026amp; Johnson in talc-related litigation. Obtained several dismissals and summary judgment of personal injury claims, including grant of forum non conveniens motion. Helped secure complete defense verdicts at trial and successfully opposed subsequent motion for new trial. Represented pop culture collectibles company in commercial dispute involving importation of goods from abroad. Obtained time served sentence for pro bono client in supervised release revocation proceedings. Represented General Motors in multiple Song-Beverly matters. Obtained numerous dismissals and summary adjudication of fraud claims and negotiated resolution on favorable terms. Represented global industrial entity in personal injury action regarding allegations of latent multi-year injury to several plaintiffs. Represented The Viking Group, Inc. in products liability claims. Resolved matters on favorable terms. Represented leading computer security researcher in criminal matter involving malware. Represented global digital agency in adversary proceeding in bankruptcy court. Secured advantageous resolution. Represented Internet-based television provider in landmark litigation over Section 111 of the Copyright Act of 1976. Resolved national litigation on beneficial terms. Represented pioneering e-cigarette company in commercial dispute involving claims of self-dealing, unjust enrichment and corporate waste. Resolved matter on favorable terms before trial.","searchable_name":"Carter L. George","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":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":427465,"version":1,"owner_type":"Person","owner_id":6925,"payload":{"bio":"\u003cp\u003eDan Giemajner is a finance lawyer focusing on the energy, infrastructure and natural resources sectors. His expertise includes project finance, acquisition finance, leveraged finance, sustainable finance and other forms of structured debt finance. He has more than 15 years\u0026rsquo; experience structuring and executing complex cross-border projects and acquisitions for market leading clients around the world.\u003c/p\u003e\n\u003cp\u003eDan\u0026rsquo;s experience also extends to the commodity value chain, advising a number of corporates and trading houses on their long-term offtake and tolling arrangements.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDan\u0026rsquo;s clients include corporations, private equity sponsors, traders, governments, banks, funds, development finance institutions, export credit agencies, monolines and other financial institutions (including non-bank alternative capital providers and institutional investors).\u003c/p\u003e\n\u003cp\u003eDan has practiced in London, New York and Singapore.\u003c/p\u003e","slug":"dan-giemajner","email":"dgiemajner@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eEnergy/Energy transition\u003c/strong\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdvising a government on the structuring and delivery of an integrated lithium value chain, including mine, process facility, lithium hydroxide refinery, CAM and battery manufacturing facilities.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising World Energy on the offtake, design, construction and financing of its 3GW green ammonia production facility in Canada.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Masdar Green Hydrogen on various green hydrogen, ammonia and methanol projects.\u003c/p\u003e","\u003cp\u003eAdvising the Government of the Republic of Serbia on the structuring, delivery and financing of a 1.2 GW solar and BESS project.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the developer on the design, construction and financing of a first of a kind sustainable aviation fuel (SAF) facility un the UAE.\u003c/p\u003e","\u003cp\u003eAdvising the developer on the design, construction and financing of a petrochemical facility in Saudi Arabia.\u003c/p\u003e","\u003cp\u003eAdvising Cory and Sheen Parkside in connection with their thermal battery joint venture seeking to decarbonise heating by supplying district heat networks and industrials with low-carbon heat.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Chartered Bank, Soci\u0026eacute;t\u0026eacute; G\u0026eacute;n\u0026eacute;rale, Absa, Export Development Canada, Emerging Africa Infrastructure Fund Limited, CDC Group Plc and Hungarian Export-Import Bank Private Limited Company on the $450m project financing of a gas to power project in Ghana. This is the first IPP to be developed in sub-Saharan Africa without any credit support from the World Bank.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the investor group on the financing and delivery of a standalone battery storage project in Senegal, West Africa.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the European Investment Bank (EIB) on the financing and development of Europe\u0026rsquo;s largest gas to grid biomethane facility in Denmark.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Turquoise Hill Resources on the development of its long-term power solution in connection with the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising developers (Balfour Beatty, Urbaser, Cory, Diversified EfW Management) and funders (MUFG, SMBCE, Green Investment Group) on a range of waste-to-energy, biomass and waste processing projects across Europe using various technologies, including gasification, pyrolysis and incineration.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising developers and funders on various solar and offshore wind projects across Europe and Africa.\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eInfrastructure\u003c/strong\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdvising the U.S. International Development Finance Corporation (DFC) on the project financing of the Kingston Container Port in Jamaica.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Bank and Stanbic on several first-of-a kind/first in-country PPP roads projects in Kenya, including the negotiations with the Government of Kenya, the international project financing and the procurement of a Chinese financing solution.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the sponsors (comprising a consortium of Mitsui, HMM, NOL, CMA and DP World) on the \u0026euro;600m project financing of a new container terminal at the Port of Rotterdam, making it the largest port in Europe.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the EIB, Allianz, HSBC and MUFG on the design, financing, construction, operation and restructuring of a \u0026pound;1bn highways project in Scotland. The project was the first hybrid bank/bond financing of its kind.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the AfDB and DEG on the $340m project financing of the Main One Underwater Sea Cable, providing for the development of a 14,000km submarine communications cable stretching from Portugal to South Africa with landings in various West African countries. This represents the first privately wholly owned subsea cable along the West African coastline.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Meridiam in connection with the $1.12bn Pennsylvania Rapid Bridge Replacement Project, involving the replacement of 558 bridges across the State of Pennsylvania.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the developer on the design, construction, operation and restructuring of a US$4bn \u0026lsquo;super hospital\u0026rsquo; P3 project in North America.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising on a range of telecoms projects across Europe and Africa, including data-centres, sub-sea cables, fiber roll-out and various telecom tower acquisition and development projects.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising institutional investors (including Pensions Insurance Corporation and Aberdeen Investment) and monoline insurers (Assured Guaranty) on the financing of a number of 50-year concession agreements for the design, construction and operation of student housing.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Chartered Bank, Standard Bank/Stanbic IBTC, African Development Bank and Africa Finance Corporation, on the project financing of a $1.5bn greenfield container port on the Lekki peninsula in Lagos State, Nigeria.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Chartered Bank, Standard Bank and International Finance Corporation on the project financing of the Atuabo Oil and Gas Free Port in Ghana. The port will serve as an oil and gas logistics hub, servicing the offshore oil and gas industry in Ghana.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising on the financing and development of numerous roads, schools, hospitals, airports and prisons in the PPP/P3 sector.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising developer on the design, construction and subsequent restructuring of a US$3bn airport project in Russia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising on the financing and development of numerous schools, prisons, street lighting, primary care, fire and rescue projects in the PPP/P3 sector \u0026ndash; clients include Equitix, Balfour Beatty Investments and Engie.\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMining and commodities\u003c/strong\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdvising CBG (which is owned by Rio Tinto, Alcoa, Dadco and the Government of Guinea) on the $1.1bn expansion of its Sangaredi bauxite mine in western Guinea.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Anglo American in connection with its offtake-linked secured financing to a Chilean copper-producer.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Turquoise Hill Resources on the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia, including in relation to the project financing, inter-shareholder matters with Rio Tinto and the Government of Mongolia (including the cost overrun financing) and the development of a long-term power solution in Mongolia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Nedbank and Rand Merchant Bank with a bridge facility and senior ECIC debt facility for the financing of the construction and development of the Kipoi copper project in the Democratic Republic of Congo.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Aureus on the project financing of its New Liberty Gold Project in Liberia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Cornish Lithium on the sale of offtake and marketing rights with respect to Cornish Lithium\u0026rsquo;s Trelavour mine in Cornwall, UK.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Emerging Africa Infrastructure Fund, European Investment Bank and FMO in connection with the financing and restructuring of the MOMA mineral sands project in Mozambique.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the lenders to African Minerals Ltd with respect on the financing and subsequent restructuring/enforcement in connection with the Tonkolili iron project in Sierra Leone.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Anglo Pacific Group on the acquisition of a royalty/stream from Denison Mines Corp., which owns and operates the Cigar Lake uranium mine and associate McClean Lake uranium mill.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Asanko on the project financing provided by Red Kite of its Esaase and Obotan gold projects in Ghana.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising SGRF, the sovereign wealth fund of Oman, on the US$150m project financing of Bacanora Minerals' Sonora Lithium Project in Mexico.\u0026nbsp;\u003c/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003eList may include matters worked on prior to joining King \u0026amp; Spalding \u0026nbsp;\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":35,"guid":"35.capabilities","index":0,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":1,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":2,"source":"capabilities"},{"id":131,"guid":"131.capabilities","index":3,"source":"capabilities"},{"id":75,"guid":"75.capabilities","index":4,"source":"capabilities"},{"id":1149,"guid":"1149.smart_tags","index":5,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Giemajner","nick_name":"Dan","clerkships":[],"first_name":"Dan","title_rank":9999,"updated_by":35,"law_schools":[],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Infrastructure: Project Finance and Development","detail":"The Legal 500 UK, 2024"},{"title":"Next Generation Partner: Mining and Minerals","detail":"The Legal 500 UK, 2024"},{"title":"Next Generation Partner: Power (including Electricity, Nuclear and Renewables)","detail":"The Legal 500 UK, 2024"},{"title":"Energy \u0026 Natural Resources","detail":"Chambers UK, 2024 -2025"}],"linked_in_url":"https://www.linkedin.com/in/danielgiemajner/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDan Giemajner is a finance lawyer focusing on the energy, infrastructure and natural resources sectors. His expertise includes project finance, acquisition finance, leveraged finance, sustainable finance and other forms of structured debt finance. He has more than 15 years\u0026rsquo; experience structuring and executing complex cross-border projects and acquisitions for market leading clients around the world.\u003c/p\u003e\n\u003cp\u003eDan\u0026rsquo;s experience also extends to the commodity value chain, advising a number of corporates and trading houses on their long-term offtake and tolling arrangements.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDan\u0026rsquo;s clients include corporations, private equity sponsors, traders, governments, banks, funds, development finance institutions, export credit agencies, monolines and other financial institutions (including non-bank alternative capital providers and institutional investors).\u003c/p\u003e\n\u003cp\u003eDan has practiced in London, New York and Singapore.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eEnergy/Energy transition\u003c/strong\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdvising a government on the structuring and delivery of an integrated lithium value chain, including mine, process facility, lithium hydroxide refinery, CAM and battery manufacturing facilities.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising World Energy on the offtake, design, construction and financing of its 3GW green ammonia production facility in Canada.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Masdar Green Hydrogen on various green hydrogen, ammonia and methanol projects.\u003c/p\u003e","\u003cp\u003eAdvising the Government of the Republic of Serbia on the structuring, delivery and financing of a 1.2 GW solar and BESS project.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the developer on the design, construction and financing of a first of a kind sustainable aviation fuel (SAF) facility un the UAE.\u003c/p\u003e","\u003cp\u003eAdvising the developer on the design, construction and financing of a petrochemical facility in Saudi Arabia.\u003c/p\u003e","\u003cp\u003eAdvising Cory and Sheen Parkside in connection with their thermal battery joint venture seeking to decarbonise heating by supplying district heat networks and industrials with low-carbon heat.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Chartered Bank, Soci\u0026eacute;t\u0026eacute; G\u0026eacute;n\u0026eacute;rale, Absa, Export Development Canada, Emerging Africa Infrastructure Fund Limited, CDC Group Plc and Hungarian Export-Import Bank Private Limited Company on the $450m project financing of a gas to power project in Ghana. This is the first IPP to be developed in sub-Saharan Africa without any credit support from the World Bank.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the investor group on the financing and delivery of a standalone battery storage project in Senegal, West Africa.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the European Investment Bank (EIB) on the financing and development of Europe\u0026rsquo;s largest gas to grid biomethane facility in Denmark.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Turquoise Hill Resources on the development of its long-term power solution in connection with the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising developers (Balfour Beatty, Urbaser, Cory, Diversified EfW Management) and funders (MUFG, SMBCE, Green Investment Group) on a range of waste-to-energy, biomass and waste processing projects across Europe using various technologies, including gasification, pyrolysis and incineration.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising developers and funders on various solar and offshore wind projects across Europe and Africa.\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eInfrastructure\u003c/strong\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdvising the U.S. International Development Finance Corporation (DFC) on the project financing of the Kingston Container Port in Jamaica.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Bank and Stanbic on several first-of-a kind/first in-country PPP roads projects in Kenya, including the negotiations with the Government of Kenya, the international project financing and the procurement of a Chinese financing solution.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the sponsors (comprising a consortium of Mitsui, HMM, NOL, CMA and DP World) on the \u0026euro;600m project financing of a new container terminal at the Port of Rotterdam, making it the largest port in Europe.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the EIB, Allianz, HSBC and MUFG on the design, financing, construction, operation and restructuring of a \u0026pound;1bn highways project in Scotland. The project was the first hybrid bank/bond financing of its kind.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the AfDB and DEG on the $340m project financing of the Main One Underwater Sea Cable, providing for the development of a 14,000km submarine communications cable stretching from Portugal to South Africa with landings in various West African countries. This represents the first privately wholly owned subsea cable along the West African coastline.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Meridiam in connection with the $1.12bn Pennsylvania Rapid Bridge Replacement Project, involving the replacement of 558 bridges across the State of Pennsylvania.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the developer on the design, construction, operation and restructuring of a US$4bn \u0026lsquo;super hospital\u0026rsquo; P3 project in North America.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising on a range of telecoms projects across Europe and Africa, including data-centres, sub-sea cables, fiber roll-out and various telecom tower acquisition and development projects.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising institutional investors (including Pensions Insurance Corporation and Aberdeen Investment) and monoline insurers (Assured Guaranty) on the financing of a number of 50-year concession agreements for the design, construction and operation of student housing.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Chartered Bank, Standard Bank/Stanbic IBTC, African Development Bank and Africa Finance Corporation, on the project financing of a $1.5bn greenfield container port on the Lekki peninsula in Lagos State, Nigeria.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Standard Chartered Bank, Standard Bank and International Finance Corporation on the project financing of the Atuabo Oil and Gas Free Port in Ghana. The port will serve as an oil and gas logistics hub, servicing the offshore oil and gas industry in Ghana.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising on the financing and development of numerous roads, schools, hospitals, airports and prisons in the PPP/P3 sector.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising developer on the design, construction and subsequent restructuring of a US$3bn airport project in Russia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising on the financing and development of numerous schools, prisons, street lighting, primary care, fire and rescue projects in the PPP/P3 sector \u0026ndash; clients include Equitix, Balfour Beatty Investments and Engie.\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMining and commodities\u003c/strong\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdvising CBG (which is owned by Rio Tinto, Alcoa, Dadco and the Government of Guinea) on the $1.1bn expansion of its Sangaredi bauxite mine in western Guinea.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Anglo American in connection with its offtake-linked secured financing to a Chilean copper-producer.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Turquoise Hill Resources on the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia, including in relation to the project financing, inter-shareholder matters with Rio Tinto and the Government of Mongolia (including the cost overrun financing) and the development of a long-term power solution in Mongolia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Nedbank and Rand Merchant Bank with a bridge facility and senior ECIC debt facility for the financing of the construction and development of the Kipoi copper project in the Democratic Republic of Congo.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Aureus on the project financing of its New Liberty Gold Project in Liberia.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Cornish Lithium on the sale of offtake and marketing rights with respect to Cornish Lithium\u0026rsquo;s Trelavour mine in Cornwall, UK.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Emerging Africa Infrastructure Fund, European Investment Bank and FMO in connection with the financing and restructuring of the MOMA mineral sands project in Mozambique.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising the lenders to African Minerals Ltd with respect on the financing and subsequent restructuring/enforcement in connection with the Tonkolili iron project in Sierra Leone.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Anglo Pacific Group on the acquisition of a royalty/stream from Denison Mines Corp., which owns and operates the Cigar Lake uranium mine and associate McClean Lake uranium mill.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising Asanko on the project financing provided by Red Kite of its Esaase and Obotan gold projects in Ghana.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAdvising SGRF, the sovereign wealth fund of Oman, on the US$150m project financing of Bacanora Minerals' Sonora Lithium Project in Mexico.\u0026nbsp;\u003c/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003eList may include matters worked on prior to joining King \u0026amp; Spalding \u0026nbsp;\u003c/p\u003e"],"recognitions":[{"title":"Infrastructure: Project Finance and Development","detail":"The Legal 500 UK, 2024"},{"title":"Next Generation Partner: Mining and Minerals","detail":"The Legal 500 UK, 2024"},{"title":"Next Generation Partner: Power (including Electricity, Nuclear and Renewables)","detail":"The Legal 500 UK, 2024"},{"title":"Energy \u0026 Natural Resources","detail":"Chambers UK, 2024 -2025"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12523}]},"capability_group_id":1},"created_at":"2025-05-26T05:00:46.000Z","updated_at":"2025-05-26T05:00:46.000Z","searchable_text":"Giemajner{{ FIELD }}{:title=\u0026gt;\"Infrastructure: Project Finance and Development\", :detail=\u0026gt;\"The Legal 500 UK, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Next Generation Partner: Mining and Minerals\", :detail=\u0026gt;\"The Legal 500 UK, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Next Generation Partner: Power (including Electricity, Nuclear and Renewables)\", :detail=\u0026gt;\"The Legal 500 UK, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Energy \u0026amp; Natural Resources\", :detail=\u0026gt;\"Chambers UK, 2024 -2025\"}{{ FIELD }}Energy/Energy transition \nAdvising a government on the structuring and delivery of an integrated lithium value chain, including mine, process facility, lithium hydroxide refinery, CAM and battery manufacturing facilities. {{ FIELD }}Advising World Energy on the offtake, design, construction and financing of its 3GW green ammonia production facility in Canada. {{ FIELD }}Advising Masdar Green Hydrogen on various green hydrogen, ammonia and methanol projects.{{ FIELD }}Advising the Government of the Republic of Serbia on the structuring, delivery and financing of a 1.2 GW solar and BESS project. {{ FIELD }}Advising the developer on the design, construction and financing of a first of a kind sustainable aviation fuel (SAF) facility un the UAE.{{ FIELD }}Advising the developer on the design, construction and financing of a petrochemical facility in Saudi Arabia.{{ FIELD }}Advising Cory and Sheen Parkside in connection with their thermal battery joint venture seeking to decarbonise heating by supplying district heat networks and industrials with low-carbon heat. {{ FIELD }}Advising Standard Chartered Bank, Société Générale, Absa, Export Development Canada, Emerging Africa Infrastructure Fund Limited, CDC Group Plc and Hungarian Export-Import Bank Private Limited Company on the $450m project financing of a gas to power project in Ghana. This is the first IPP to be developed in sub-Saharan Africa without any credit support from the World Bank. {{ FIELD }}Advising the investor group on the financing and delivery of a standalone battery storage project in Senegal, West Africa. {{ FIELD }}Advising the European Investment Bank (EIB) on the financing and development of Europe’s largest gas to grid biomethane facility in Denmark. {{ FIELD }}Advising Turquoise Hill Resources on the development of its long-term power solution in connection with the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia. {{ FIELD }}Advising developers (Balfour Beatty, Urbaser, Cory, Diversified EfW Management) and funders (MUFG, SMBCE, Green Investment Group) on a range of waste-to-energy, biomass and waste processing projects across Europe using various technologies, including gasification, pyrolysis and incineration. {{ FIELD }}Advising developers and funders on various solar and offshore wind projects across Europe and Africa. {{ FIELD }}Infrastructure \nAdvising the U.S. International Development Finance Corporation (DFC) on the project financing of the Kingston Container Port in Jamaica. {{ FIELD }}Advising Standard Bank and Stanbic on several first-of-a kind/first in-country PPP roads projects in Kenya, including the negotiations with the Government of Kenya, the international project financing and the procurement of a Chinese financing solution. {{ FIELD }}Advising the sponsors (comprising a consortium of Mitsui, HMM, NOL, CMA and DP World) on the €600m project financing of a new container terminal at the Port of Rotterdam, making it the largest port in Europe. {{ FIELD }}Advising the EIB, Allianz, HSBC and MUFG on the design, financing, construction, operation and restructuring of a £1bn highways project in Scotland. The project was the first hybrid bank/bond financing of its kind. {{ FIELD }}Advising the AfDB and DEG on the $340m project financing of the Main One Underwater Sea Cable, providing for the development of a 14,000km submarine communications cable stretching from Portugal to South Africa with landings in various West African countries. This represents the first privately wholly owned subsea cable along the West African coastline. {{ FIELD }}Advising Meridiam in connection with the $1.12bn Pennsylvania Rapid Bridge Replacement Project, involving the replacement of 558 bridges across the State of Pennsylvania. {{ FIELD }}Advising the developer on the design, construction, operation and restructuring of a US$4bn ‘super hospital’ P3 project in North America. {{ FIELD }}Advising on a range of telecoms projects across Europe and Africa, including data-centres, sub-sea cables, fiber roll-out and various telecom tower acquisition and development projects. {{ FIELD }}Advising institutional investors (including Pensions Insurance Corporation and Aberdeen Investment) and monoline insurers (Assured Guaranty) on the financing of a number of 50-year concession agreements for the design, construction and operation of student housing. {{ FIELD }}Advising Standard Chartered Bank, Standard Bank/Stanbic IBTC, African Development Bank and Africa Finance Corporation, on the project financing of a $1.5bn greenfield container port on the Lekki peninsula in Lagos State, Nigeria. {{ FIELD }}Advising Standard Chartered Bank, Standard Bank and International Finance Corporation on the project financing of the Atuabo Oil and Gas Free Port in Ghana. The port will serve as an oil and gas logistics hub, servicing the offshore oil and gas industry in Ghana. {{ FIELD }}Advising on the financing and development of numerous roads, schools, hospitals, airports and prisons in the PPP/P3 sector. {{ FIELD }}Advising developer on the design, construction and subsequent restructuring of a US$3bn airport project in Russia. {{ FIELD }}Advising on the financing and development of numerous schools, prisons, street lighting, primary care, fire and rescue projects in the PPP/P3 sector – clients include Equitix, Balfour Beatty Investments and Engie. {{ FIELD }}Mining and commodities \nAdvising CBG (which is owned by Rio Tinto, Alcoa, Dadco and the Government of Guinea) on the $1.1bn expansion of its Sangaredi bauxite mine in western Guinea. {{ FIELD }}Advising Anglo American in connection with its offtake-linked secured financing to a Chilean copper-producer. {{ FIELD }}Advising Turquoise Hill Resources on the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia, including in relation to the project financing, inter-shareholder matters with Rio Tinto and the Government of Mongolia (including the cost overrun financing) and the development of a long-term power solution in Mongolia. {{ FIELD }}Advising Nedbank and Rand Merchant Bank with a bridge facility and senior ECIC debt facility for the financing of the construction and development of the Kipoi copper project in the Democratic Republic of Congo. {{ FIELD }}Advising Aureus on the project financing of its New Liberty Gold Project in Liberia. {{ FIELD }}Advising Cornish Lithium on the sale of offtake and marketing rights with respect to Cornish Lithium’s Trelavour mine in Cornwall, UK. {{ FIELD }}Advising Emerging Africa Infrastructure Fund, European Investment Bank and FMO in connection with the financing and restructuring of the MOMA mineral sands project in Mozambique. {{ FIELD }}Advising the lenders to African Minerals Ltd with respect on the financing and subsequent restructuring/enforcement in connection with the Tonkolili iron project in Sierra Leone. {{ FIELD }}Advising Anglo Pacific Group on the acquisition of a royalty/stream from Denison Mines Corp., which owns and operates the Cigar Lake uranium mine and associate McClean Lake uranium mill. {{ FIELD }}Advising Asanko on the project financing provided by Red Kite of its Esaase and Obotan gold projects in Ghana. {{ FIELD }}Advising SGRF, the sovereign wealth fund of Oman, on the US$150m project financing of Bacanora Minerals' Sonora Lithium Project in Mexico. \nList may include matters worked on prior to joining King \u0026amp; Spalding  {{ FIELD }}Dan Giemajner is a finance lawyer focusing on the energy, infrastructure and natural resources sectors. His expertise includes project finance, acquisition finance, leveraged finance, sustainable finance and other forms of structured debt finance. He has more than 15 years’ experience structuring and executing complex cross-border projects and acquisitions for market leading clients around the world.\nDan’s experience also extends to the commodity value chain, advising a number of corporates and trading houses on their long-term offtake and tolling arrangements.\nDan’s clients include corporations, private equity sponsors, traders, governments, banks, funds, development finance institutions, export credit agencies, monolines and other financial institutions (including non-bank alternative capital providers and institutional investors).\nDan has practiced in London, New York and Singapore. Partner Infrastructure: Project Finance and Development The Legal 500 UK, 2024 Next Generation Partner: Mining and Minerals The Legal 500 UK, 2024 Next Generation Partner: Power (including Electricity, Nuclear and Renewables) The Legal 500 UK, 2024 Energy \u0026amp; Natural Resources Chambers UK, 2024 -2025 University of Bristol, UK  BPP Law School BPP Law School London England and Wales Energy/Energy transition \nAdvising a government on the structuring and delivery of an integrated lithium value chain, including mine, process facility, lithium hydroxide refinery, CAM and battery manufacturing facilities.  Advising World Energy on the offtake, design, construction and financing of its 3GW green ammonia production facility in Canada.  Advising Masdar Green Hydrogen on various green hydrogen, ammonia and methanol projects. Advising the Government of the Republic of Serbia on the structuring, delivery and financing of a 1.2 GW solar and BESS project.  Advising the developer on the design, construction and financing of a first of a kind sustainable aviation fuel (SAF) facility un the UAE. Advising the developer on the design, construction and financing of a petrochemical facility in Saudi Arabia. Advising Cory and Sheen Parkside in connection with their thermal battery joint venture seeking to decarbonise heating by supplying district heat networks and industrials with low-carbon heat.  Advising Standard Chartered Bank, Société Générale, Absa, Export Development Canada, Emerging Africa Infrastructure Fund Limited, CDC Group Plc and Hungarian Export-Import Bank Private Limited Company on the $450m project financing of a gas to power project in Ghana. This is the first IPP to be developed in sub-Saharan Africa without any credit support from the World Bank.  Advising the investor group on the financing and delivery of a standalone battery storage project in Senegal, West Africa.  Advising the European Investment Bank (EIB) on the financing and development of Europe’s largest gas to grid biomethane facility in Denmark.  Advising Turquoise Hill Resources on the development of its long-term power solution in connection with the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia.  Advising developers (Balfour Beatty, Urbaser, Cory, Diversified EfW Management) and funders (MUFG, SMBCE, Green Investment Group) on a range of waste-to-energy, biomass and waste processing projects across Europe using various technologies, including gasification, pyrolysis and incineration.  Advising developers and funders on various solar and offshore wind projects across Europe and Africa.  Infrastructure \nAdvising the U.S. International Development Finance Corporation (DFC) on the project financing of the Kingston Container Port in Jamaica.  Advising Standard Bank and Stanbic on several first-of-a kind/first in-country PPP roads projects in Kenya, including the negotiations with the Government of Kenya, the international project financing and the procurement of a Chinese financing solution.  Advising the sponsors (comprising a consortium of Mitsui, HMM, NOL, CMA and DP World) on the €600m project financing of a new container terminal at the Port of Rotterdam, making it the largest port in Europe.  Advising the EIB, Allianz, HSBC and MUFG on the design, financing, construction, operation and restructuring of a £1bn highways project in Scotland. The project was the first hybrid bank/bond financing of its kind.  Advising the AfDB and DEG on the $340m project financing of the Main One Underwater Sea Cable, providing for the development of a 14,000km submarine communications cable stretching from Portugal to South Africa with landings in various West African countries. This represents the first privately wholly owned subsea cable along the West African coastline.  Advising Meridiam in connection with the $1.12bn Pennsylvania Rapid Bridge Replacement Project, involving the replacement of 558 bridges across the State of Pennsylvania.  Advising the developer on the design, construction, operation and restructuring of a US$4bn ‘super hospital’ P3 project in North America.  Advising on a range of telecoms projects across Europe and Africa, including data-centres, sub-sea cables, fiber roll-out and various telecom tower acquisition and development projects.  Advising institutional investors (including Pensions Insurance Corporation and Aberdeen Investment) and monoline insurers (Assured Guaranty) on the financing of a number of 50-year concession agreements for the design, construction and operation of student housing.  Advising Standard Chartered Bank, Standard Bank/Stanbic IBTC, African Development Bank and Africa Finance Corporation, on the project financing of a $1.5bn greenfield container port on the Lekki peninsula in Lagos State, Nigeria.  Advising Standard Chartered Bank, Standard Bank and International Finance Corporation on the project financing of the Atuabo Oil and Gas Free Port in Ghana. The port will serve as an oil and gas logistics hub, servicing the offshore oil and gas industry in Ghana.  Advising on the financing and development of numerous roads, schools, hospitals, airports and prisons in the PPP/P3 sector.  Advising developer on the design, construction and subsequent restructuring of a US$3bn airport project in Russia.  Advising on the financing and development of numerous schools, prisons, street lighting, primary care, fire and rescue projects in the PPP/P3 sector – clients include Equitix, Balfour Beatty Investments and Engie.  Mining and commodities \nAdvising CBG (which is owned by Rio Tinto, Alcoa, Dadco and the Government of Guinea) on the $1.1bn expansion of its Sangaredi bauxite mine in western Guinea.  Advising Anglo American in connection with its offtake-linked secured financing to a Chilean copper-producer.  Advising Turquoise Hill Resources on the $6bn development of the Oyu Tolgoi copper and gold mine in Mongolia, including in relation to the project financing, inter-shareholder matters with Rio Tinto and the Government of Mongolia (including the cost overrun financing) and the development of a long-term power solution in Mongolia.  Advising Nedbank and Rand Merchant Bank with a bridge facility and senior ECIC debt facility for the financing of the construction and development of the Kipoi copper project in the Democratic Republic of Congo.  Advising Aureus on the project financing of its New Liberty Gold Project in Liberia.  Advising Cornish Lithium on the sale of offtake and marketing rights with respect to Cornish Lithium’s Trelavour mine in Cornwall, UK.  Advising Emerging Africa Infrastructure Fund, European Investment Bank and FMO in connection with the financing and restructuring of the MOMA mineral sands project in Mozambique.  Advising the lenders to African Minerals Ltd with respect on the financing and subsequent restructuring/enforcement in connection with the Tonkolili iron project in Sierra Leone.  Advising Anglo Pacific Group on the acquisition of a royalty/stream from Denison Mines Corp., which owns and operates the Cigar Lake uranium mine and associate McClean Lake uranium mill.  Advising Asanko on the project financing provided by Red Kite of its Esaase and Obotan gold projects in Ghana.  Advising SGRF, the sovereign wealth fund of Oman, on the US$150m project financing of Bacanora Minerals' Sonora Lithium Project in Mexico. \nList may include matters worked on prior to joining King \u0026amp; Spalding  ","searchable_name":"Dan Giemajner","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":445372,"version":1,"owner_type":"Person","owner_id":7298,"payload":{"bio":"\u003cp\u003eRachel Gilbert is a partner in the firm\u0026rsquo;s Healthcare practice and specializes in providing hospital systems with strategic reimbursement advice and advocacy. Rachel\u0026rsquo;s experience includes designing and implementing new supplemental Medicaid payment programs, optimizing participation in existing Medicaid and Medicare programs, advising on federal and state compliance issues, and litigating payer-provider disputes with health plans across products. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRachel\u0026rsquo;s legal practice focuses on advising hospitals in reimbursement, regulatory, legislative, and operational business matters.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eIn the Medicaid space, Rachel works on behalf of her clients in collaboration with industry and government stakeholders to design, implement, and finance Medicaid supplemental reimbursement programs. Rachel represents investor-owned, non-profit, and governmental hospitals, ranging from large acute care systems, freestanding children\u0026rsquo;s hospitals, and freestanding psychiatric hospitals. In addition to advocating for new or improved payment programs, Rachel works with hospitals to optimize their participation in existing reimbursement programs within dozens of states, including Medicaid Disproportionate Share Hospital programs, waiver programs, and state directed payment programs.\u003c/p\u003e\n\u003cp\u003eRachel also represents hospitals in complex payment and contract disputes. Rachel has represented numerous providers in disputes with Medicare Advantage plans and Medicaid managed care organizations, on issues ranging from underpayments, overpayments, denials, slow-pays, and compliance with federal and state regulatory requirements. Rachel has also represented providers under investigation by state and federal agencies for issues ranging from False Claims Act violations, violation of the federal IMD exclusion, and other billing and reimbursement related audits and allegations.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eRachel enjoys partnering with clients to compliantly develop and implement hospital financial strategies. Rachel is well-versed in various forms of advocacy for her clients, such as developing talking points for C-suite executives, drafting proposed laws and regulations, performing complex financial modeling in support of client proposals, and facilitating industry coalitions to advocate for improved access to reimbursement before state and federal lawmakers.\u003c/p\u003e","slug":"rachel-gilbert","email":"rgilbert@kslaw.com","phone":null,"matters":["\u003cp\u003eAdvised the \u003cstrong\u003eChildren\u0026rsquo;s Hospital Association of Texas (CHAT)\u003c/strong\u003e for several years on a variety of Medicaid reimbursement issues. For example, Rachel assisted CHAT in successfully advocating to the Texas Medicaid agency \u003cstrong\u003e\u003cem\u003etwice\u003c/em\u003e\u003c/strong\u003e in the past two years to change course and preserve more than $1 billion in annual reimbursements to CHAT\u0026rsquo;s members.\u003c/p\u003e","\u003cp\u003eAdvocated to the Governor\u0026rsquo;s Office, Legislature, and Medicaid agency in numerous states to gain entry into Medicaid state directed payment programs for \u003cstrong\u003efreestanding psychiatric hospitals\u003c/strong\u003e, which have historically been excluded from most (if not all) supplemental Medicaid payment programs.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresents a number of \u003cstrong\u003enonprofit and governmental hospitals\u003c/strong\u003e in arbitrations against Medicare Advantage plans for 340B underpayments that occurred nationwide from 2018-2022. Most recently, Rachel won a multi-million-dollar arbitration award for a non-profit hospital system and won summary judgment on the issue of liability for state hospital system.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":24,"guid":"24.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":2,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":3,"source":"capabilities"},{"id":740,"guid":"740.smart_tags","index":4,"source":"smartTags"},{"id":826,"guid":"826.smart_tags","index":5,"source":"smartTags"}],"is_active":true,"last_name":"Gilbert","nick_name":"Rachel","clerkships":[],"first_name":"Rachel","title_rank":9999,"updated_by":34,"law_schools":[{"id":2055,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2011-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null},{"id":3160,"meta":{"degree":"LL.M., International Law","honors":"with distinction","is_law_school":"1","graduation_date":"2011-01-01 00:00:00"},"order":2,"pin_order":null,"pin_expiration":null}],"middle_name":"O.","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/rachel-o-gilbert/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRachel Gilbert is a partner in the firm\u0026rsquo;s Healthcare practice and specializes in providing hospital systems with strategic reimbursement advice and advocacy. Rachel\u0026rsquo;s experience includes designing and implementing new supplemental Medicaid payment programs, optimizing participation in existing Medicaid and Medicare programs, advising on federal and state compliance issues, and litigating payer-provider disputes with health plans across products. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRachel\u0026rsquo;s legal practice focuses on advising hospitals in reimbursement, regulatory, legislative, and operational business matters.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eIn the Medicaid space, Rachel works on behalf of her clients in collaboration with industry and government stakeholders to design, implement, and finance Medicaid supplemental reimbursement programs. Rachel represents investor-owned, non-profit, and governmental hospitals, ranging from large acute care systems, freestanding children\u0026rsquo;s hospitals, and freestanding psychiatric hospitals. In addition to advocating for new or improved payment programs, Rachel works with hospitals to optimize their participation in existing reimbursement programs within dozens of states, including Medicaid Disproportionate Share Hospital programs, waiver programs, and state directed payment programs.\u003c/p\u003e\n\u003cp\u003eRachel also represents hospitals in complex payment and contract disputes. Rachel has represented numerous providers in disputes with Medicare Advantage plans and Medicaid managed care organizations, on issues ranging from underpayments, overpayments, denials, slow-pays, and compliance with federal and state regulatory requirements. Rachel has also represented providers under investigation by state and federal agencies for issues ranging from False Claims Act violations, violation of the federal IMD exclusion, and other billing and reimbursement related audits and allegations.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eRachel enjoys partnering with clients to compliantly develop and implement hospital financial strategies. Rachel is well-versed in various forms of advocacy for her clients, such as developing talking points for C-suite executives, drafting proposed laws and regulations, performing complex financial modeling in support of client proposals, and facilitating industry coalitions to advocate for improved access to reimbursement before state and federal lawmakers.\u003c/p\u003e","matters":["\u003cp\u003eAdvised the \u003cstrong\u003eChildren\u0026rsquo;s Hospital Association of Texas (CHAT)\u003c/strong\u003e for several years on a variety of Medicaid reimbursement issues. For example, Rachel assisted CHAT in successfully advocating to the Texas Medicaid agency \u003cstrong\u003e\u003cem\u003etwice\u003c/em\u003e\u003c/strong\u003e in the past two years to change course and preserve more than $1 billion in annual reimbursements to CHAT\u0026rsquo;s members.\u003c/p\u003e","\u003cp\u003eAdvocated to the Governor\u0026rsquo;s Office, Legislature, and Medicaid agency in numerous states to gain entry into Medicaid state directed payment programs for \u003cstrong\u003efreestanding psychiatric hospitals\u003c/strong\u003e, which have historically been excluded from most (if not all) supplemental Medicaid payment programs.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresents a number of \u003cstrong\u003enonprofit and governmental hospitals\u003c/strong\u003e in arbitrations against Medicare Advantage plans for 340B underpayments that occurred nationwide from 2018-2022. Most recently, Rachel won a multi-million-dollar arbitration award for a non-profit hospital system and won summary judgment on the issue of liability for state hospital system.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13318}]},"capability_group_id":2},"created_at":"2026-01-30T05:02:47.000Z","updated_at":"2026-01-30T05:02:47.000Z","searchable_text":"Gilbert{{ FIELD }}Advised the Children’s Hospital Association of Texas (CHAT) for several years on a variety of Medicaid reimbursement issues. For example, Rachel assisted CHAT in successfully advocating to the Texas Medicaid agency twice in the past two years to change course and preserve more than $1 billion in annual reimbursements to CHAT’s members.{{ FIELD }}Advocated to the Governor’s Office, Legislature, and Medicaid agency in numerous states to gain entry into Medicaid state directed payment programs for freestanding psychiatric hospitals, which have historically been excluded from most (if not all) supplemental Medicaid payment programs. {{ FIELD }}Represents a number of nonprofit and governmental hospitals in arbitrations against Medicare Advantage plans for 340B underpayments that occurred nationwide from 2018-2022. Most recently, Rachel won a multi-million-dollar arbitration award for a non-profit hospital system and won summary judgment on the issue of liability for state hospital system.{{ FIELD }}Rachel Gilbert is a partner in the firm’s Healthcare practice and specializes in providing hospital systems with strategic reimbursement advice and advocacy. Rachel’s experience includes designing and implementing new supplemental Medicaid payment programs, optimizing participation in existing Medicaid and Medicare programs, advising on federal and state compliance issues, and litigating payer-provider disputes with health plans across products. \nRachel’s legal practice focuses on advising hospitals in reimbursement, regulatory, legislative, and operational business matters. \nIn the Medicaid space, Rachel works on behalf of her clients in collaboration with industry and government stakeholders to design, implement, and finance Medicaid supplemental reimbursement programs. Rachel represents investor-owned, non-profit, and governmental hospitals, ranging from large acute care systems, freestanding children’s hospitals, and freestanding psychiatric hospitals. In addition to advocating for new or improved payment programs, Rachel works with hospitals to optimize their participation in existing reimbursement programs within dozens of states, including Medicaid Disproportionate Share Hospital programs, waiver programs, and state directed payment programs.\nRachel also represents hospitals in complex payment and contract disputes. Rachel has represented numerous providers in disputes with Medicare Advantage plans and Medicaid managed care organizations, on issues ranging from underpayments, overpayments, denials, slow-pays, and compliance with federal and state regulatory requirements. Rachel has also represented providers under investigation by state and federal agencies for issues ranging from False Claims Act violations, violation of the federal IMD exclusion, and other billing and reimbursement related audits and allegations. \nRachel enjoys partnering with clients to compliantly develop and implement hospital financial strategies. Rachel is well-versed in various forms of advocacy for her clients, such as developing talking points for C-suite executives, drafting proposed laws and regulations, performing complex financial modeling in support of client proposals, and facilitating industry coalitions to advocate for improved access to reimbursement before state and federal lawmakers. Partner North Carolina State University  The University of Texas at Austin The University of Texas School of Law The University of Edinburgh Edinburgh Law School North Carolina South Carolina Texas Advised the Children’s Hospital Association of Texas (CHAT) for several years on a variety of Medicaid reimbursement issues. For example, Rachel assisted CHAT in successfully advocating to the Texas Medicaid agency twice in the past two years to change course and preserve more than $1 billion in annual reimbursements to CHAT’s members. Advocated to the Governor’s Office, Legislature, and Medicaid agency in numerous states to gain entry into Medicaid state directed payment programs for freestanding psychiatric hospitals, which have historically been excluded from most (if not all) supplemental Medicaid payment programs.  Represents a number of nonprofit and governmental hospitals in arbitrations against Medicare Advantage plans for 340B underpayments that occurred nationwide from 2018-2022. Most recently, Rachel won a multi-million-dollar arbitration award for a non-profit hospital system and won summary judgment on the issue of liability for state hospital system.","searchable_name":"Rachel O. Gilbert","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":430228,"version":1,"owner_type":"Person","owner_id":551,"payload":{"bio":"\u003cp\u003eBrent Gilfedder specializes in structuring and executing real estate investments and transactions. A partner in our Real Estate practice, Brent represents a variety of sponsors and investors in all types of real estate development, investment and financing matters.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBrent advises private equity institutions, equity investors and developers-sponsors in all aspects of their real estate business, as well as the structuring of joint ventures and advising real estate investment trusts. He focuses particularly on structuring real estate equity investments, development transactions, acquisitions and dispositions, and financings.\u003c/p\u003e\n\u003cp\u003eBefore studying law, Brent earned a Masters in Taxation from the University of Denver, and previously worked as a tax accountant for KPMG.\u003c/p\u003e\n\u003cp\u003eBrent is a published author on real estate financial topics. He has been recognized by Georgia\u0026nbsp;\u003cem\u003eSuper Lawyers\u003c/em\u003e\u0026nbsp;as a 2013\u0026ndash;2016 Rising Star, and in 2015 by\u0026nbsp;\u003cem\u003eLegal 500\u003c/em\u003e\u0026nbsp;for Real Estate and Construction.\u003c/p\u003e","slug":"brent-gilfedder","email":"bgilfedder@kslaw.com","phone":null,"matters":["\u003cp\u003eActed as outside fund general counsel for\u0026nbsp;\u003cstrong\u003eMorgan Stanley'\u003c/strong\u003e\u003cstrong\u003es Prime Property Fund,\u003c/strong\u003e\u0026nbsp;a market-leading open-end fund with over $38 billion in real estate assets. Also represent Prime in a majority of their transactions. Transactions include dozens of investments, ventures and financings in office, retail, hotel, industrial and apartment projects located in all U.S. regions for in excess of $15 billion.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMorgan Stanley's Prime Property Fund\u0026nbsp;\u003c/strong\u003ein a $5.5 billion programmatic joint venture for student housing assets with GSA, including the initial acquisition of two portfolios for $1.8 billion across the United States.\u003c/p\u003e","\u003cp\u003eRepresent leading developer\u0026nbsp;\u003cstrong\u003eNovare Group\u003c/strong\u003e\u0026nbsp;in connection with all of its multifamily and mixed use developments across the United States, including, acquisition, joint venture, development matters, financing and dispositions of multifamily assets in Georgia, North Carolina, South Carolina, Florida, Texas, Alabama, Colorado, Tennessee, Virginia. Project values have totaled in excess of $2 billion and over 15 projects.\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eGeorgia State University\u003c/strong\u003e\u0026nbsp;in connection with its partnership with Carter to acquire and re-develop Turner Field in Atlanta, Georgia into the home of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eGeorgia State\u003c/strong\u003e\u0026nbsp;football and a large mixed-use development.\u003c/p\u003e","\u003cp\u003eLed the representation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eCousins Properties\u003c/strong\u003e\u0026nbsp;in connection with their acquisition and development of the world headquarters for NCR Corporation in Midtown Atlanta, a project in excess of $300 million which involved acquisition, development, governmental incentives and master lease issues.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eBatson-Cook Development Company\u003c/strong\u003e\u0026nbsp;in connection with all of its joint ventures and development transactions across the United States.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eVentas, Inc.\u003c/strong\u003e\u0026nbsp;in connection with a joint venture with GIC Private Limited for the development of five life science projects for total development costs in excess of $1 billion.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eAtlanta multifamily operator and developer\u003c/strong\u003e\u0026nbsp;in the acquisition of over $200 million of multifamily communities and over $250 million in development projects, including negotiation of joint ventures with institutional equity partners such as AIG, Alliance Bernstein and Carlyle.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eretail operator\u003c/strong\u003e\u0026nbsp;in connection with their $400 million programmatic joint venture with institutional investor and the acquisition of seven seed assets.\u003c/p\u003e","\u003cp\u003eAcquisition of 50% joint venture interest on behalf of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003einstitutional REIT investor\u003c/strong\u003e\u0026nbsp;for $450 million downtown Boston mixed-use asset.\u003c/p\u003e","\u003cp\u003eRepresent national student housing developer\u0026nbsp;\u003cstrong\u003eLandmark Properties\u003c/strong\u003e\u0026nbsp;in connection with over a dozen student-housing developments at colleges across the United States with an aggregate value of over $500 million.\u003c/p\u003e","\u003cp\u003eLead the representation of all of\u0026nbsp;\u003cstrong\u003ePenler's\u003c/strong\u003e\u0026nbsp;multifamily developments across the Southeast US, including approximately 6 projects in Georgia, Florida, South Carolina and Tennessee, including, joint ventures with institutional investors, financing, acquisition, development and disposition.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003einstitutional REIT operator\u003c/strong\u003e\u0026nbsp;in $500 million joint venture with Canadian governmental pension plan for development and acquisition of Class A multifamily assets.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eClarion Partners\u003c/strong\u003e\u0026nbsp;in connection with the acquisition of existing and development projects by its Qualified Opportunity Zone Fund, including, joint ventures, development and financing for office, multifamily and industrial assets.\u003c/p\u003e","\u003cp\u003eFormation of $400 million real estate investment fund for commercial office 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A partner in our Real Estate practice, Brent represents a variety of sponsors and investors in all types of real estate development, investment and financing matters.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBrent advises private equity institutions, equity investors and developers-sponsors in all aspects of their real estate business, as well as the structuring of joint ventures and advising real estate investment trusts. He focuses particularly on structuring real estate equity investments, development transactions, acquisitions and dispositions, and financings.\u003c/p\u003e\n\u003cp\u003eBefore studying law, Brent earned a Masters in Taxation from the University of Denver, and previously worked as a tax accountant for KPMG.\u003c/p\u003e\n\u003cp\u003eBrent is a published author on real estate financial topics. He has been recognized by Georgia\u0026nbsp;\u003cem\u003eSuper Lawyers\u003c/em\u003e\u0026nbsp;as a 2013\u0026ndash;2016 Rising Star, and in 2015 by\u0026nbsp;\u003cem\u003eLegal 500\u003c/em\u003e\u0026nbsp;for Real Estate and Construction.\u003c/p\u003e","matters":["\u003cp\u003eActed as outside fund general counsel for\u0026nbsp;\u003cstrong\u003eMorgan Stanley'\u003c/strong\u003e\u003cstrong\u003es Prime Property Fund,\u003c/strong\u003e\u0026nbsp;a market-leading open-end fund with over $38 billion in real estate assets. Also represent Prime in a majority of their transactions. Transactions include dozens of investments, ventures and financings in office, retail, hotel, industrial and apartment projects located in all U.S. regions for in excess of $15 billion.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMorgan Stanley's Prime Property Fund\u0026nbsp;\u003c/strong\u003ein a $5.5 billion programmatic joint venture for student housing assets with GSA, including the initial acquisition of two portfolios for $1.8 billion across the United States.\u003c/p\u003e","\u003cp\u003eRepresent leading developer\u0026nbsp;\u003cstrong\u003eNovare Group\u003c/strong\u003e\u0026nbsp;in connection with all of its multifamily and mixed use developments across the United States, including, acquisition, joint venture, development matters, financing and dispositions of multifamily assets in Georgia, North Carolina, South Carolina, Florida, Texas, Alabama, Colorado, Tennessee, Virginia. Project values have totaled in excess of $2 billion and over 15 projects.\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eGeorgia State University\u003c/strong\u003e\u0026nbsp;in connection with its partnership with Carter to acquire and re-develop Turner Field in Atlanta, Georgia into the home of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eGeorgia State\u003c/strong\u003e\u0026nbsp;football and a large mixed-use development.\u003c/p\u003e","\u003cp\u003eLed the representation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eCousins Properties\u003c/strong\u003e\u0026nbsp;in connection with their acquisition and development of the world headquarters for NCR Corporation in Midtown Atlanta, a project in excess of $300 million which involved acquisition, development, governmental incentives and master lease issues.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eBatson-Cook Development Company\u003c/strong\u003e\u0026nbsp;in connection with all of its joint ventures and development transactions across the United States.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eVentas, Inc.\u003c/strong\u003e\u0026nbsp;in connection with a joint venture with GIC Private Limited for the development of five life science projects for total development costs in excess of $1 billion.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eAtlanta multifamily operator and developer\u003c/strong\u003e\u0026nbsp;in the acquisition of over $200 million of multifamily communities and over $250 million in development projects, including negotiation of joint ventures with institutional equity partners such as AIG, Alliance Bernstein and Carlyle.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eretail operator\u003c/strong\u003e\u0026nbsp;in connection with their $400 million programmatic joint venture with institutional investor and the acquisition of seven seed assets.\u003c/p\u003e","\u003cp\u003eAcquisition of 50% joint venture interest on behalf of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003einstitutional REIT investor\u003c/strong\u003e\u0026nbsp;for $450 million downtown Boston mixed-use asset.\u003c/p\u003e","\u003cp\u003eRepresent national student housing developer\u0026nbsp;\u003cstrong\u003eLandmark Properties\u003c/strong\u003e\u0026nbsp;in connection with over a dozen student-housing developments at colleges across the United States with an aggregate value of over $500 million.\u003c/p\u003e","\u003cp\u003eLead the representation of all of\u0026nbsp;\u003cstrong\u003ePenler's\u003c/strong\u003e\u0026nbsp;multifamily developments across the Southeast US, including approximately 6 projects in Georgia, Florida, South Carolina and Tennessee, including, joint ventures with institutional investors, financing, acquisition, development and disposition.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003einstitutional REIT operator\u003c/strong\u003e\u0026nbsp;in $500 million joint venture with Canadian governmental pension plan for development and acquisition of Class A multifamily assets.\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eClarion Partners\u003c/strong\u003e\u0026nbsp;in connection with the acquisition of existing and development projects by its Qualified Opportunity Zone Fund, including, joint ventures, development and financing for office, multifamily and industrial assets.\u003c/p\u003e","\u003cp\u003eFormation of $400 million real estate investment fund for commercial office properties.\u003c/p\u003e"],"recognitions":[{"title":"Band 2 for Georgia Real Estate ","detail":"Chambers USA 2025"},{"title":"On the Rise (one of 25 lawyers under the age of 40 selected from Atlanta) ","detail":"Daily Report, 2016"},{"title":"Georgia Rising Star","detail":"Super Lawyers, 2013–2016"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12848}]},"capability_group_id":1},"created_at":"2025-06-13T20:28:04.000Z","updated_at":"2025-06-13T20:28:04.000Z","searchable_text":"Gilfedder{{ FIELD }}{:title=\u0026gt;\"Band 2 for Georgia Real Estate \", :detail=\u0026gt;\"Chambers USA 2025\"}{{ FIELD }}{:title=\u0026gt;\"On the Rise (one of 25 lawyers under the age of 40 selected from Atlanta) \", :detail=\u0026gt;\"Daily Report, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Georgia Rising Star\", :detail=\u0026gt;\"Super Lawyers, 2013–2016\"}{{ FIELD }}Acted as outside fund general counsel for Morgan Stanley's Prime Property Fund, a market-leading open-end fund with over $38 billion in real estate assets. Also represent Prime in a majority of their transactions. Transactions include dozens of investments, ventures and financings in office, retail, hotel, industrial and apartment projects located in all U.S. regions for in excess of $15 billion.{{ FIELD }}Represented Morgan Stanley's Prime Property Fund in a $5.5 billion programmatic joint venture for student housing assets with GSA, including the initial acquisition of two portfolios for $1.8 billion across the United States.{{ FIELD }}Represent leading developer Novare Group in connection with all of its multifamily and mixed use developments across the United States, including, acquisition, joint venture, development matters, financing and dispositions of multifamily assets in Georgia, North Carolina, South Carolina, Florida, Texas, Alabama, Colorado, Tennessee, Virginia. Project values have totaled in excess of $2 billion and over 15 projects.{{ FIELD }}Advised Georgia State University in connection with its partnership with Carter to acquire and re-develop Turner Field in Atlanta, Georgia into the home of Georgia State football and a large mixed-use development.{{ FIELD }}Led the representation of Cousins Properties in connection with their acquisition and development of the world headquarters for NCR Corporation in Midtown Atlanta, a project in excess of $300 million which involved acquisition, development, governmental incentives and master lease issues.{{ FIELD }}Represent Batson-Cook Development Company in connection with all of its joint ventures and development transactions across the United States.{{ FIELD }}Represented Ventas, Inc. in connection with a joint venture with GIC Private Limited for the development of five life science projects for total development costs in excess of $1 billion.{{ FIELD }}Represent Atlanta multifamily operator and developer in the acquisition of over $200 million of multifamily communities and over $250 million in development projects, including negotiation of joint ventures with institutional equity partners such as AIG, Alliance Bernstein and Carlyle.{{ FIELD }}Represent a retail operator in connection with their $400 million programmatic joint venture with institutional investor and the acquisition of seven seed assets.{{ FIELD }}Acquisition of 50% joint venture interest on behalf of an institutional REIT investor for $450 million downtown Boston mixed-use asset.{{ FIELD }}Represent national student housing developer Landmark Properties in connection with over a dozen student-housing developments at colleges across the United States with an aggregate value of over $500 million.{{ FIELD }}Lead the representation of all of Penler's multifamily developments across the Southeast US, including approximately 6 projects in Georgia, Florida, South Carolina and Tennessee, including, joint ventures with institutional investors, financing, acquisition, development and disposition.{{ FIELD }}Represented an institutional REIT operator in $500 million joint venture with Canadian governmental pension plan for development and acquisition of Class A multifamily assets.{{ FIELD }}Represent Clarion Partners in connection with the acquisition of existing and development projects by its Qualified Opportunity Zone Fund, including, joint ventures, development and financing for office, multifamily and industrial assets.{{ FIELD }}Formation of $400 million real estate investment fund for commercial office properties.{{ FIELD }}Brent Gilfedder specializes in structuring and executing real estate investments and transactions. A partner in our Real Estate practice, Brent represents a variety of sponsors and investors in all types of real estate development, investment and financing matters.\nBrent advises private equity institutions, equity investors and developers-sponsors in all aspects of their real estate business, as well as the structuring of joint ventures and advising real estate investment trusts. He focuses particularly on structuring real estate equity investments, development transactions, acquisitions and dispositions, and financings.\nBefore studying law, Brent earned a Masters in Taxation from the University of Denver, and previously worked as a tax accountant for KPMG.\nBrent is a published author on real estate financial topics. He has been recognized by Georgia Super Lawyers as a 2013–2016 Rising Star, and in 2015 by Legal 500 for Real Estate and Construction. Brent S Gilfedder Partner Band 2 for Georgia Real Estate  Chambers USA 2025 On the Rise (one of 25 lawyers under the age of 40 selected from Atlanta)  Daily Report, 2016 Georgia Rising Star Super Lawyers, 2013–2016 Transylvania University  University of Georgia University of Georgia School of Law University of Denver Sturm College of Law Georgia Acted as outside fund general counsel for Morgan Stanley's Prime Property Fund, a market-leading open-end fund with over $38 billion in real estate assets. Also represent Prime in a majority of their transactions. Transactions include dozens of investments, ventures and financings in office, retail, hotel, industrial and apartment projects located in all U.S. regions for in excess of $15 billion. Represented Morgan Stanley's Prime Property Fund in a $5.5 billion programmatic joint venture for student housing assets with GSA, including the initial acquisition of two portfolios for $1.8 billion across the United States. Represent leading developer Novare Group in connection with all of its multifamily and mixed use developments across the United States, including, acquisition, joint venture, development matters, financing and dispositions of multifamily assets in Georgia, North Carolina, South Carolina, Florida, Texas, Alabama, Colorado, Tennessee, Virginia. Project values have totaled in excess of $2 billion and over 15 projects. Advised Georgia State University in connection with its partnership with Carter to acquire and re-develop Turner Field in Atlanta, Georgia into the home of Georgia State football and a large mixed-use development. Led the representation of Cousins Properties in connection with their acquisition and development of the world headquarters for NCR Corporation in Midtown Atlanta, a project in excess of $300 million which involved acquisition, development, governmental incentives and master lease issues. Represent Batson-Cook Development Company in connection with all of its joint ventures and development transactions across the United States. Represented Ventas, Inc. in connection with a joint venture with GIC Private Limited for the development of five life science projects for total development costs in excess of $1 billion. Represent Atlanta multifamily operator and developer in the acquisition of over $200 million of multifamily communities and over $250 million in development projects, including negotiation of joint ventures with institutional equity partners such as AIG, Alliance Bernstein and Carlyle. Represent a retail operator in connection with their $400 million programmatic joint venture with institutional investor and the acquisition of seven seed assets. Acquisition of 50% joint venture interest on behalf of an institutional REIT investor for $450 million downtown Boston mixed-use asset. Represent national student housing developer Landmark Properties in connection with over a dozen student-housing developments at colleges across the United States with an aggregate value of over $500 million. Lead the representation of all of Penler's multifamily developments across the Southeast US, including approximately 6 projects in Georgia, Florida, South Carolina and Tennessee, including, joint ventures with institutional investors, financing, acquisition, development and disposition. Represented an institutional REIT operator in $500 million joint venture with Canadian governmental pension plan for development and acquisition of Class A multifamily assets. Represent Clarion Partners in connection with the acquisition of existing and development projects by its Qualified Opportunity Zone Fund, including, joint ventures, development and financing for office, multifamily and industrial assets. Formation of $400 million real estate investment fund for commercial office properties.","searchable_name":"Brent S. Gilfedder","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":445370,"version":1,"owner_type":"Person","owner_id":7296,"payload":{"bio":"\u003cp\u003eJim Gilliam is a partner in the firm\u0026rsquo;s Healthcare practice. Jim\u0026rsquo;s practice is focused on healthcare litigation. Jim\u0026rsquo;s capabilities include commercial and government managed care, complex business litigation, arbitration, mediation, class/collective actions, investigations, and appellate advocacy.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJim represents healthcare providers in a variety of business disputes, on issues ranging from government and commercial reimbursement, misappropriation of hospital proprietary information, and post-M\u0026amp;A disputes. Jim also represents healthcare providers in government investigations, including allegations of Medicaid and Medicare billing fraud and federal/state compliance audits. Jim uses his depth and breadth of experience to assist healthcare providers in navigating a heavily regulated and complex business environment.\u003c/p\u003e\n\u003cp\u003eJim has significant courtroom experience, having tried numerous cases and argued multiple appeals. In addition to his healthcare practice, Jim has represented governmental entities and educational institutions on marquis litigations over the course of his career. One of Jim\u0026rsquo;s more noteworthy representations includes successfully representing a large public institution in a five-day federal jury trial involving Title IX of the Education Amendments of 1972. This was the first trial of its kind in the country.\u003c/p\u003e\n\u003cp\u003eAdditionally, Jim has argued before the Supreme Court of South Carolina on several high-profile issues. As lead counsel for the Speaker of the House of Representatives, Jim successfully defended the constitutionality of The Heritage Act, which removed the Confederate flag from the dome of the State House. Also, as lead counsel for the Speaker of the House of Representatives, Jim successfully defended the constitutionality of legislation allowing counties and cities to impose service fees. Most recently, as lead counsel for the Speaker of the House of Representatives, Jim argued in defense of School Choice legislation.\u003c/p\u003e\n\u003cp\u003ePrior to private practice, Jim clerked for the Honorable Kaye G. Hearn at the South Carolina of Appeals and South Carolina Supreme Court.\u003c/p\u003e","slug":"james-gilliam","email":"jgilliam@kslaw.com","phone":null,"matters":["\u003cp\u003eServed as co-lead counsel for a \u003cstrong\u003elarge hospital system\u003c/strong\u003e in an arbitration against a large Medicare Advantage company, obtaining a multi-million-dollar award in 2025 for 340B underpayments from 2018-2022.\u003c/p\u003e","\u003cp\u003eCurrently serving as co-lead counsel for several \u003cstrong\u003enon-profit and governmental hospital systems\u003c/strong\u003e on in Medicare Advantage-340B disputes. 340B hospitals across the country were harmed to the tune of billions of dollars as a result of Medicare Advantage plans passing through and refusing to remediate an unlawful Medicare rate they paid to 340B hospitals from 2018-2022.\u003c/p\u003e","\u003cp\u003eServed as co-lead counsel for a \u003cstrong\u003elarge state university hospital system\u003c/strong\u003e in a litigation against a departing physician group, obtaining a high-dollar settlement for misappropriation of hospital proprietary information and trade secrets. This case was important to the hospital in protecting its ability to invest in innovative service lines without fear of competitors \u0026ldquo;jumping the line\u0026rdquo; by poaching the hospital\u0026rsquo;s employees and playbook.\u003c/p\u003e","\u003cp\u003eServed as lead counsel for the \u003cstrong\u003eSpeaker of the South Carolina House of Representatives\u003c/strong\u003e in the \u0026ldquo;Heritage Act case\u0026rdquo; commenced in the original jurisdiction of the South Carolina Supreme Court. After briefing and oral argument in support of the Heritage Act, which removed the Confederate Flag from the State House grounds, the Supreme Court upheld its constitutionality.\u003c/p\u003e","\u003cp\u003eServed as lead counsel for \u003cstrong\u003eCoastal Carolina University\u003c/strong\u003e in a Title IX student discipline case tried in front of a jury before the United States District Court for the District of South Carolina and obtained a defense verdict. This was the first student discipline case tried to a jury in the country.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":24,"guid":"24.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"}],"is_active":true,"last_name":"Gilliam","nick_name":"Jim","clerkships":[{"name":"Law Clerk, Honorable Kaye G. Hearn, Chief Judge, South Carolina Court of Appeals","years_held":"2008 - 2009"},{"name":"Law Clerk, Honorable Kaye G. Hearn, Associate Justice, South Carolina Supreme Court","years_held":"2009 - 2010"}],"first_name":"James","title_rank":9999,"updated_by":34,"law_schools":[{"id":2910,"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":"K.","name_suffix":"","recognitions":[{"title":"\"Up and Coming,\" Labor \u0026 Employment","detail":"Chambers USA, 2022-2024"},{"title":"Martindale-Hubbell AV Preeminent Peer Review Rating","detail":""},{"title":"Ones to Watch in America, Labor \u0026 Employment","detail":"Best Lawyers, 2021"},{"title":"“Rising Star,” Labor \u0026 Employment","detail":"South Carolina Super Lawyers, 2014-2022"},{"title":"“Legal Elite,” Business Litigation","detail":"Greenville Business Magazine, 2021, 2023"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJim Gilliam is a partner in the firm\u0026rsquo;s Healthcare practice. Jim\u0026rsquo;s practice is focused on healthcare litigation. Jim\u0026rsquo;s capabilities include commercial and government managed care, complex business litigation, arbitration, mediation, class/collective actions, investigations, and appellate advocacy.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJim represents healthcare providers in a variety of business disputes, on issues ranging from government and commercial reimbursement, misappropriation of hospital proprietary information, and post-M\u0026amp;A disputes. Jim also represents healthcare providers in government investigations, including allegations of Medicaid and Medicare billing fraud and federal/state compliance audits. Jim uses his depth and breadth of experience to assist healthcare providers in navigating a heavily regulated and complex business environment.\u003c/p\u003e\n\u003cp\u003eJim has significant courtroom experience, having tried numerous cases and argued multiple appeals. In addition to his healthcare practice, Jim has represented governmental entities and educational institutions on marquis litigations over the course of his career. One of Jim\u0026rsquo;s more noteworthy representations includes successfully representing a large public institution in a five-day federal jury trial involving Title IX of the Education Amendments of 1972. This was the first trial of its kind in the country.\u003c/p\u003e\n\u003cp\u003eAdditionally, Jim has argued before the Supreme Court of South Carolina on several high-profile issues. As lead counsel for the Speaker of the House of Representatives, Jim successfully defended the constitutionality of The Heritage Act, which removed the Confederate flag from the dome of the State House. Also, as lead counsel for the Speaker of the House of Representatives, Jim successfully defended the constitutionality of legislation allowing counties and cities to impose service fees. Most recently, as lead counsel for the Speaker of the House of Representatives, Jim argued in defense of School Choice legislation.\u003c/p\u003e\n\u003cp\u003ePrior to private practice, Jim clerked for the Honorable Kaye G. Hearn at the South Carolina of Appeals and South Carolina Supreme Court.\u003c/p\u003e","matters":["\u003cp\u003eServed as co-lead counsel for a \u003cstrong\u003elarge hospital system\u003c/strong\u003e in an arbitration against a large Medicare Advantage company, obtaining a multi-million-dollar award in 2025 for 340B underpayments from 2018-2022.\u003c/p\u003e","\u003cp\u003eCurrently serving as co-lead counsel for several \u003cstrong\u003enon-profit and governmental hospital systems\u003c/strong\u003e on in Medicare Advantage-340B disputes. 340B hospitals across the country were harmed to the tune of billions of dollars as a result of Medicare Advantage plans passing through and refusing to remediate an unlawful Medicare rate they paid to 340B hospitals from 2018-2022.\u003c/p\u003e","\u003cp\u003eServed as co-lead counsel for a \u003cstrong\u003elarge state university hospital system\u003c/strong\u003e in a litigation against a departing physician group, obtaining a high-dollar settlement for misappropriation of hospital proprietary information and trade secrets. This case was important to the hospital in protecting its ability to invest in innovative service lines without fear of competitors \u0026ldquo;jumping the line\u0026rdquo; by poaching the hospital\u0026rsquo;s employees and playbook.\u003c/p\u003e","\u003cp\u003eServed as lead counsel for the \u003cstrong\u003eSpeaker of the South Carolina House of Representatives\u003c/strong\u003e in the \u0026ldquo;Heritage Act case\u0026rdquo; commenced in the original jurisdiction of the South Carolina Supreme Court. After briefing and oral argument in support of the Heritage Act, which removed the Confederate Flag from the State House grounds, the Supreme Court upheld its constitutionality.\u003c/p\u003e","\u003cp\u003eServed as lead counsel for \u003cstrong\u003eCoastal Carolina University\u003c/strong\u003e in a Title IX student discipline case tried in front of a jury before the United States District Court for the District of South Carolina and obtained a defense verdict. This was the first student discipline case tried to a jury in the country.\u003c/p\u003e"],"recognitions":[{"title":"\"Up and Coming,\" Labor \u0026 Employment","detail":"Chambers USA, 2022-2024"},{"title":"Martindale-Hubbell AV Preeminent Peer Review Rating","detail":""},{"title":"Ones to Watch in America, Labor \u0026 Employment","detail":"Best Lawyers, 2021"},{"title":"“Rising Star,” Labor \u0026 Employment","detail":"South Carolina Super Lawyers, 2014-2022"},{"title":"“Legal Elite,” Business Litigation","detail":"Greenville Business Magazine, 2021, 2023"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13317}]},"capability_group_id":2},"created_at":"2026-01-30T05:02:45.000Z","updated_at":"2026-01-30T05:02:45.000Z","searchable_text":"Gilliam{{ FIELD }}{:title=\u0026gt;\"\\\"Up and Coming,\\\" Labor \u0026amp; Employment\", :detail=\u0026gt;\"Chambers USA, 2022-2024\"}{{ FIELD }}{:title=\u0026gt;\"Martindale-Hubbell AV Preeminent Peer Review Rating\", :detail=\u0026gt;\"\"}{{ FIELD }}{:title=\u0026gt;\"Ones to Watch in America, Labor \u0026amp; Employment\", :detail=\u0026gt;\"Best Lawyers, 2021\"}{{ FIELD }}{:title=\u0026gt;\"“Rising Star,” Labor \u0026amp; Employment\", :detail=\u0026gt;\"South Carolina Super Lawyers, 2014-2022\"}{{ FIELD }}{:title=\u0026gt;\"“Legal Elite,” Business Litigation\", :detail=\u0026gt;\"Greenville Business Magazine, 2021, 2023\"}{{ FIELD }}Served as co-lead counsel for a large hospital system in an arbitration against a large Medicare Advantage company, obtaining a multi-million-dollar award in 2025 for 340B underpayments from 2018-2022.{{ FIELD }}Currently serving as co-lead counsel for several non-profit and governmental hospital systems on in Medicare Advantage-340B disputes. 340B hospitals across the country were harmed to the tune of billions of dollars as a result of Medicare Advantage plans passing through and refusing to remediate an unlawful Medicare rate they paid to 340B hospitals from 2018-2022.{{ FIELD }}Served as co-lead counsel for a large state university hospital system in a litigation against a departing physician group, obtaining a high-dollar settlement for misappropriation of hospital proprietary information and trade secrets. This case was important to the hospital in protecting its ability to invest in innovative service lines without fear of competitors “jumping the line” by poaching the hospital’s employees and playbook.{{ FIELD }}Served as lead counsel for the Speaker of the South Carolina House of Representatives in the “Heritage Act case” commenced in the original jurisdiction of the South Carolina Supreme Court. After briefing and oral argument in support of the Heritage Act, which removed the Confederate Flag from the State House grounds, the Supreme Court upheld its constitutionality.{{ FIELD }}Served as lead counsel for Coastal Carolina University in a Title IX student discipline case tried in front of a jury before the United States District Court for the District of South Carolina and obtained a defense verdict. This was the first student discipline case tried to a jury in the country.{{ FIELD }}Jim Gilliam is a partner in the firm’s Healthcare practice. Jim’s practice is focused on healthcare litigation. Jim’s capabilities include commercial and government managed care, complex business litigation, arbitration, mediation, class/collective actions, investigations, and appellate advocacy. \nJim represents healthcare providers in a variety of business disputes, on issues ranging from government and commercial reimbursement, misappropriation of hospital proprietary information, and post-M\u0026amp;A disputes. Jim also represents healthcare providers in government investigations, including allegations of Medicaid and Medicare billing fraud and federal/state compliance audits. Jim uses his depth and breadth of experience to assist healthcare providers in navigating a heavily regulated and complex business environment.\nJim has significant courtroom experience, having tried numerous cases and argued multiple appeals. In addition to his healthcare practice, Jim has represented governmental entities and educational institutions on marquis litigations over the course of his career. One of Jim’s more noteworthy representations includes successfully representing a large public institution in a five-day federal jury trial involving Title IX of the Education Amendments of 1972. This was the first trial of its kind in the country.\nAdditionally, Jim has argued before the Supreme Court of South Carolina on several high-profile issues. As lead counsel for the Speaker of the House of Representatives, Jim successfully defended the constitutionality of The Heritage Act, which removed the Confederate flag from the dome of the State House. Also, as lead counsel for the Speaker of the House of Representatives, Jim successfully defended the constitutionality of legislation allowing counties and cities to impose service fees. Most recently, as lead counsel for the Speaker of the House of Representatives, Jim argued in defense of School Choice legislation.\nPrior to private practice, Jim clerked for the Honorable Kaye G. Hearn at the South Carolina of Appeals and South Carolina Supreme Court. Partner \"Up and Coming,\" Labor \u0026amp; Employment Chambers USA, 2022-2024 Martindale-Hubbell AV Preeminent Peer Review Rating  Ones to Watch in America, Labor \u0026amp; Employment Best Lawyers, 2021 “Rising Star,” Labor \u0026amp; Employment South Carolina Super Lawyers, 2014-2022 “Legal Elite,” Business Litigation Greenville Business Magazine, 2021, 2023 Newberry College  Charleston School of Law Charleston School of Law U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. District Court for the District of South Carolina South Carolina Law Clerk, Honorable Kaye G. Hearn, Chief Judge, South Carolina Court of Appeals Law Clerk, Honorable Kaye G. Hearn, Associate Justice, South Carolina Supreme Court Served as co-lead counsel for a large hospital system in an arbitration against a large Medicare Advantage company, obtaining a multi-million-dollar award in 2025 for 340B underpayments from 2018-2022. Currently serving as co-lead counsel for several non-profit and governmental hospital systems on in Medicare Advantage-340B disputes. 340B hospitals across the country were harmed to the tune of billions of dollars as a result of Medicare Advantage plans passing through and refusing to remediate an unlawful Medicare rate they paid to 340B hospitals from 2018-2022. Served as co-lead counsel for a large state university hospital system in a litigation against a departing physician group, obtaining a high-dollar settlement for misappropriation of hospital proprietary information and trade secrets. This case was important to the hospital in protecting its ability to invest in innovative service lines without fear of competitors “jumping the line” by poaching the hospital’s employees and playbook. Served as lead counsel for the Speaker of the South Carolina House of Representatives in the “Heritage Act case” commenced in the original jurisdiction of the South Carolina Supreme Court. After briefing and oral argument in support of the Heritage Act, which removed the Confederate Flag from the State House grounds, the Supreme Court upheld its constitutionality. Served as lead counsel for Coastal Carolina University in a Title IX student discipline case tried in front of a jury before the United States District Court for the District of South Carolina and obtained a defense verdict. This was the first student discipline case tried to a jury in the country.","searchable_name":"James K. 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