Jenner & Block

 

Representative matters include:

Class Actions

  • Successfully represented a large public food company in one of the first class certification decisions to address “all natural” labeling of “GMO” foods. The court denied class certification.
  • Obtained denial of class certification on behalf of a Fortune 500 consumer products company in a consolidated class action lawsuit alleging that its nationwide television ads and packaging were deceptive. The firm was retained after a court had issued an adverse ruling in a separate Lanham Act involving those ads.
  • Successfully defeated class certification in a Telephone Consumer Protection Act (TCPA) lawsuit involving a national health care company.
  • Achieved dismissal of a class action lawsuit alleging that a consumer product’s “slack-fill” deceived consumers and violated FDA regulations. 
  • Achieved dismissal on the pleadings of a class action lawsuit alleging that “raw” juices were deceptively labeled.
  • Successfully represented a Fortune 50 company in a nationwide class action lawsuit alleging fraudulent and unlawful actions under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. After a majority of the claims were dismissed at the pleading stage, the court then denied class certification on the remaining claims.
  • Currently representing various food companies in nearly two dozen class action lawsuits involving “all natural” labeling, alleged GMO ingredients, and alleged violations of FDA regulations.
  • Obtained dismissal of a putative class action lawsuit challenging a large private real estate company’s apartment rental policies.
  • Achieved dismissals of various class action cases on behalf of Fortune 500 technology companies challenging their terms and conditions.
  • Successfully defended a national marketing company in a series of class action lawsuits alleging consumer fraud concerning “auto-renewal” policies.
  • Represented a global energy company in a class action lawsuit alleging tortious harm.

Complex Commercial Litigation

  • Successfully first-chaired a federal trial involving allegations of breaches of fiduciary duty by the directors and officers of a publicly traded company.  As a result of the trial victory, the directors and officers of the company were ousted from the management.  The trial was discussed in a feature article in The Deal.
  • Served as a member of the trial team that represented the leaseholder of the World Trade Center in a multi-billion dollar insurance coverage dispute in the aftermath of September 11th.
  • Litigated numerous matters involving breach-of-fiduciary, breach-of-contract, securities fraud, shareholder derivative claims, insurance coverage disputes, and other complex commercial litigation matters.

Internal Investigations and Compliance

  • Handled numerous internal investigations at publicly traded corporations, ranging from investment banks to defense contractors to real estate companies.
  • Provided compliance advice to Fortune 500 companies on a wide range of issues.

Pro Bono Practice

  • Successfully represented a client in a Section 1983 lawsuit involving allegations of excessive force. After a week-long trial, the jury ruled for the inmate and awarded compensatory as well as punitive damages.
  • Represented a death row inmate in an appeal before the Ninth Circuit in which there were allegations of planted evidence and racial bias.
  • Successfully represented an Egyptian Coptic Christian facing religious persecution in an asylum proceeding.
  • Represented a Jewish inmate in a First Amendment challenge relating to his exercise of his religious rights.
  • Represented a pro bono client in a First Amendment challenge to a major city’s signage law, compelling that city to revise its ordinance.
  • Represented a client in a federal trial alleging violation of his constitutional rights by law enforcement.
  • Won reversal of a drug conviction of an indigent client in a New York appellate court.
  • Drafted a cert petition on behalf of the Association of the City Bar of New York and the National Association of Criminal Defense Lawyers in a death penalty case.
  • Represented a Chinese national seeking asylum due to political persecution.
  • Filed an amicus brief on behalf of Oakland Alliance of Black Educators, Los Angeles Urban League, and other groups in an appellate case involving educational rights of minority schoolchildren.