Representative Class Action and Mass Arbitration Experience
O’Donovan v. CashCall, Inc. (N.D. Cal.). Defense of borrower class action claiming finance lender violated Electronic Funds Transfer Act and Unfair Competition Law. Case settled favorably for lender following trial of class claims.
Robinson v. Sterling (Los Angeles County Superior Court). Defense of tenant class action claiming apartment building was uninhabitable due to fire code violations. Prevailed at trial on all claims following class certification.
Kim v. Tinder, Inc. (C.D. Cal.). Defense of putative class action against dating app claiming age discrimination based on pricing for app features. Motion to compel arbitration granted based on arbitration clause in TOU. Case then settled on class-wide basis despite aggressive challenge by objectors.
In re Ticketmaster Sales Practices Litigation (C.D. Cal.). Defended consolidated putative class action against Ticketmaster and TicketsNow alleging deception in online sale of tickets. Action settled favorably for defendants on class-wide basis.
Mancini v. Ticketmaster (C.D. Cal.). Defended putative class action alleging violations of Consumer Legal Remedies Act and Unfair Competition Law regarding post-transaction enrollment process. Defeated class certification in trial court. Case settled favorably for defendants on class-wide basis following reversal on appeal.
Warner v. Tinder, Inc. (105 F. Supp. 3d 1083 [C.D. Cal. 2015]). Defense of putative class action against dating app under Electronic Funds Transfer Act, Unruh Civil Rights Act, Automatic Purchase Renewal Statute and Unfair Competition Law. Case dismissed for failure to state a claim.
Mass arbitrations. Handled defense of more than 350 related arbitration cases in AAA and more than 450 related arbitration cases in JAMS.
Representative ADA Experience
Guided ticketing company through Department of Justice (DOJ) investigations regarding process for purchasing accessible seating. Guided same company through extended negotiations with National Federation of the Blind regarding accessibility of company’s website and mobile app. Defeated putative class action at pleading stage regarding accessibility of company’s website. Defeated putative class action regarding company’s accessible seating sales practices.
Guided streaming content provider through successful three-year negotiation with National Association of the Deaf regarding closed-captioning of IP-streamed content.
Defend retailers and financial institutions in lawsuits and prelitigation negotiations regarding accessibility of facilities, websites and mobile apps.
Advise city-affiliated bike-share operators and parking meter providers on disability issues, ADA strategy and potential ADA claims.
Assisted Fortune 500 health insurer in development of ADA compliance plan.
Guided producer of popular network musical competition series through DOJ investigation regarding disability access to its auditions. DOJ closed investigation without taking action.
Representative Bot Experience
Ticketmaster v. RMG, Inc. (507 F. Supp. 2d 1096 [C.D. Cal. 2007]; 536 F. Supp. 2d 1191 [C.D. Cal. 2008]). Prosecution of claims by online ticketing company against bot manufacturer under copyright law, Digital Millennium Copyright Act, Computer Fraud and Abuse Act, and state anti-bot statutes. Obtained judgment for $18 million and injunction prohibiting the manufacture, distribution and use of bots. Also obtained dismissal of antitrust counterclaims.
Ticketmaster Broker Cases (C.D. Cal., 2013–2014). Prosecution of claims against numerous ticket brokers based on use of bots to access website and buy tickets. Obtained permanent injunctions, and defendants agreed to make substantial payments.
Ticketmaster v. Prestige Entertainment (315 F. Supp. 3d 1147 [C.D. Cal. 2018]). Prosecution of claims against ticket broker based on use of bots to access website and mobile app to buy tickets. Defeated motion to dismiss; case then settled favorably for client.
Representative Defamation Experience
Yan v. Chinese Daily News (Los Angeles County Superior Court). Successfully defended newspaper against defamation claim by high-profile Chinese dissident. Attorneys’ fees awarded under anti-SLAPP Act.
Weitsman v. Levesque (S.D. Cal.). Represented business owner who sued former employee based on sustained online defamation campaign. Obtained substantial damage award and permanent injunction barring further defamation.
Other Representative Trial Experience
Mankaruse v. Raytheon Company (Orange County Superior Court). Defense of wrongful termination lawsuit based on alleged age and disability discrimination. After four-week trial, jury ruled unanimously in favor of defendant on all claims. Judgment affirmed on appeal.
Cohen v. Beverly Hills Properties (Los Angeles County Superior Court). Successfully represented a defendant in a five-week jury trial after the Court of Appeal reversed the original jury verdict. In the retrial, the new jury reduced the original verdict by more than 90%.