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Experience
Consumer Protection and False Advertising
National Advertising Division Matters
Successfully represented both advertisers and challengers in National Advertising Division (NAD) matters.
Goldboss v. Philz Coffee
Defended Philz Coffee in a putative class action in which plaintiff alleged that a surcharge violated California consumer protection and false advertising laws. Obtained summary judgment for Philz, resulting in full dismissal of matter.
ICON Health & Fitness, Inc. v. Nautilus, Inc.
U.S. District Court for the District of Utah
Defended Nautilus, Inc. in action involving trademark and false advertising claims under the Lanham Act.
Lair v. Coinstar
Superior Court for the State of Washington for Douglas County
Defended Coinstar in putative class action alleging violation of state Consumer Protection Act (CPA).
In re Carrier IQ, Inc., Consumer Privacy Litigation
U.S. District Court for the Northern District of California
Represented Sprint in putative class actions asserting claims under federal and state privacy laws, including the Federal Wiretap Act and the Computer Fraud and Abuse Act (CFAA).
Mehrens/DiSimone v. Redbox Automated Retail, LLC
U.S. District Court for the Central District of California
Defended Redbox in putative class action alleging that collection of certain information at Redbox kiosks violates California's Song-Beverly Act. Obtained a dismissal via a motion to dismiss and had dismissal affirmed on appeal to the U.S. Court of Appeals for the Ninth Circuit.
Palmer v. Sprint Spectrum, L.P.
U.S. District Court for the Western District of Washington
Defended Sprint in putative class action alleging violation of the Telephone Consumer Protection Act (TCPA).
Customer v. Client
U.S. District Court for the Western District of Washington;
Superior Court for the State of Washington for King County
Defended client in putative data breach class action alleging common law and statutory causes of action arising out of alleged public exposure of personal information.
Counseling and Pre-Litigation
Provide advice regarding compliance with consumer protection and false advertising laws and regulations. For example, represented food distributor in pre-litigation demand against competitor regarding competitor’s false advertising, resulting in voluntary modification of advertising by competitor. Resolved demand letter for client related to Made in U.S.A. claim. Counseled beverage client regarding sustainability claims. Counseled online seller regarding various regulatory compliance issues. Provided counseling to various companies regarding terms and conditions with focus on arbitration clauses.
Americans with Disabilities Act (ADA)
Multiple Lawsuits Regarding Digital Accessibility
Represented multiple clients in putative class-action lawsuits across the country related to website accessibility for consumers who are blind or visually impaired.
Multiple Lawsuits Regarding Audio Description
Represented clients in putative class-action lawsuits related to audio descriptions on streaming platforms.
Deaf Plaintiff v. Client
Represented client in ADA lawsuit related to captioning in virtual reality.
Visually Impaired Plaintiffs v. Client
U.S. District Court for the Northern District of California
Represented client in putative class-action litigation alleging violation of the ADA related to accessibility of products and services by blind and visually impaired customers.
Hearing-Impaired Plaintiff v. Client
U.S. District Court for the Central District of California
Represented client in putative class action alleging ADA violations and false advertising related to accessibility of products by deaf and hearing-impaired customers. ADA claims dismissed on motion to dismiss.
Visually Impaired Plaintiff v. Client
U.S. District Court for the Western District of Pennsylvania
Client sued in multistate putative class action alleging violation of the ADA related to accessibility of products and services by blind and visually impaired customers.
Visually impaired plaintiff v. Client
U.S. District Court for the Eastern District of Pennsylvania
Client sued in multistate putative class-action litigation alleging violation of the ADA related to accessibility of services by blind and visually impaired customers.
Multiple Disabled Groups
Represented client in threatened class action by multiple disabled groups with mobility and visual limitations alleging denial of access to client’s services and products.
Mobility Impaired Plaintiffs v. Client
Represented client in class action alleging violation of the ADA related to multiple parking lots.
Counseling
Counsel leading, cutting-edge technology companies regarding digital compliance with the ADA and compliance with the 21st Century Communications and Video Accessibility Act (CVAA). Counsel companies regarding compliance with physical access issues under Title III of the ADA, including compliance for commercial buildings and hotels.
Business Litigation
Move, Inc. v. Zillow, Inc.
King County Superior Court (Washington)
Represented the defendant, Zillow, in an employment-related unfair competition/trade secrets case against its largest competitor in which the plaintiffs sought approximately $2 billion in damages. The court dismissed more than $1 billion of plaintiffs’ claimed damages, found in favor of Zillow on allegations of spoliation, and granted several of the client’s motions for partial summary judgment, including dismissal of most of plaintiffs’ tort-based claims. The case settled on what was scheduled to be the first day of trial.
Franchisor v. Client
U.S. District Court for the Western District of Washington.
Defending client in lawsuit by former franchisor alleging misappropriation of trade secrets and violation of noncompetition agreement.
Competitor v. Client
Arbitration
Defended former employee against claims regarding misappropriation of trade secrets and violation of noncompetition agreement. Resulted in favorable settlement.
Genie Industries Inc. v. JLG Industries Inc., et al.
U.S. District Court for the Western District of Washington
Represented plaintiff in employee/competitor trade secret misappropriation claim. Total restraining order granted. Case settled.
Pro Bono
Doe #1, et al. v. Reed, et al.
U.S. Supreme Court
Represented respondent Washington Families Standing Together in opposing First Amendment challenge to disclosure, under state's Public Records Act, of petitions for initiatives and referenda filed with the state as part of direct democratic processes. Significantly involved in preparing the arguing attorney for oral argument in front of the U.S. Supreme Court. In an 8-1 decision, the justices agreed with respondent Washington Families Standing Together that the disclosure of referendum petitions does not facially violate the First Amendment. Also represented Washington Families Standing Together in its effort to support Washington's domestic partnership law in earlier stages of this litigation and related lawsuits.
Black v. Black
Washington Supreme Court
Along with Legal Voice, represented stay-at-home mother in appeal of divorce proceedings where mother was provided only a small amount of residential time with her children because she was a lesbian, and further restricted her from talking about her sexual orientation or religious beliefs with her children. Restrictions on speech were stayed on emergency motion on appeal and ultimately struck down by the Washington Court of Appeals. The award of residential time was reversed and remanded by Washington Supreme Court in decision that created new law regarding treatment of LGBT+ parents. Successfully argued the case in front of the Washington Supreme Court.
ACLU / Books to Prisoners Advocacy Work
Challenged restrictive publications policy by the Washington State Department of Corrections in a series of demand letters, resulting in agreed revisions to address censorship and notice issues and reversal of ban on used book donations.
