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Contact:   David F. McDowell or William L. Stern

Morrison & Foerster has a premier national reputation defending consumer-related lawsuits and class actions in a wide range of industries. Our expertise includes successful defense of nationwide class actions, and serving as national coordinating counsel in multi-district litigation (MDL). We have defeated class certification in scores of cases across the nation. Our winning track record, our deep experience in a variety of industries, and our commitment to learning our clients’ business so we can identify potential problems before they arise are the hallmarks of our practice.

Our Consumer Litigation and Class Action Practice Group is interdisciplinary, drawing on the national expertise of our lawyers in a variety of industries, including consumer products and retail, financial services, technology, energy and life sciences. Our experience in these industries encompasses false advertising, unfair business practices, products liability, antitrust, securities, environmental law, construction, transportation, and labor and employment.

While we are always prepared to take a case to trial, our first priority is the business objectives of our clients. In many cases we have employed strategies eliminating the need for litigation and have successfully negotiated settlements that are cost effective and consistent with our client’s goals. When a win at trial is a client imperative, you can rely on our deep and talented pool of trial attorneys, which includes many of the most renowned trial attorneys in the U.S., based in all of our major offices.

We welcome the opportunity to answer your questions regarding our experience in, and qualifications for, specific matters. For more information, please contact Dave McDowell at (213) 892-5383 or Will Stern at (415)268-7637.

False Advertising and Unfair Business Practices

The firm maintains a preeminent practice handling lawsuits alleging deceptive or false advertising claims throughout the United States. Our experience includes the complex issues related to Lanham Act and California Business & Professions Code §17200 and §17500 disputes. We have successfully represented companies in a wide variety of industries by obtaining early dismissal of cases, defeating class certification, or winning at trial.

Product Liability and Environmental

Our experience defending against product liability cases, including large class actions and multiple-suit cases, is unmatched. We have defeated claims of design, manufacturing or product defect and/or failure to warn in hundreds of cases across the nation. For more information, see Product Liability .

Financial Services

The firm is a national leader representing major banks, savings associations and other financial services institutions in consumer litigation and class actions dealing with a wide array of banking practices. For more information, see Financial Services Litigation .

Securities

We have a long and proven track record of successful outcomes in securities litigation, from outright wins and settlements to summary judgments and dismissals, in a wide range of securities matters, especially class actions. For more information, see Securities Litigation .

Labor & Employment

Our history defeating class certification in labor and employment cases is a matter of substantial pride for our attorneys. We defend national companies in wage and hour and discrimination claims brought on a class-wide basis. For more information, see Employment and Labor .

Representative Matters

The following is a list of representative consumer litigation and class action cases handled by Morrison & Foerster’s litigation attorneys.

Californians for Disability Rights v. Mervyn’s. Represented Mervyn’s in a four week unfair business practice trial in Alameda Superior Court. Obtained a defense verdict at trial. On appeal, the California Supreme Court ruled in our favor that Proposition 64 (amending California Business & Professions Code §17200) applied to cases pending at the time of the election.

In re Palm Treo600 and 650 Litigation. Represented Palm in multiple coordinated class actions alleging product defects, unfair trade practices and related claims. (Settled.)

In re Digital Music Player Cosmetic Defect Litigation. Represented a manufacturer of MP3 player in MDL and coordinated state court consumer class actions alleging that the product sustains cosmetic damage under ordinary use. Plaintiffs allege claims for product defect, fraud/deception and related claims. (Pending.)

Ruiz v. Gap, Inc. Defended retailer in nationwide class action for negligence and other claims arising from stolen laptop containing personal identifying information of class members. Court granted motion for judgment on the pleadings as to three of five claims. Motion for summary judgment to be heard February 2009.

People v. JTH Tax, Inc. Represent JTH Tax, Inc. in false advertising and unfair competition claims brought by the California Attorney General. JTH Tax, Inc. is a nationwide tax preparation company that assists customers in obtaining income tax refund anticipation loans. The two week trial (October 2008) is currently in post-trial briefing and the ruling is expected in February 2009.

In re Cellular Telephone Battery Litigation. Represented a cellular telephone manufacturer in two consumer class actions alleging product defect, fraud/misrepresentation, and related claims with respect to the phone’s battery. We obtained summary judgment on all claims in one case; the other is pending.

Pokornyv. Quixtar, Inc. Defended Quixtar, Inc. in a nationwide class action alleging that it operates an illegal pyramid scheme in violation of the Racketeer influenced and Corrupt Organizations Act, California's unfair competition law, and other claims. Case is stayed while motion to compel arbitration is on appeal to the Ninth Circuit Court of Appeals.

New England Carpenters et al. v. McKesson Corp. Represented McKesson Corp. in a class action lawsuit alleging unlawful price fixing to inflate the average wholesale price of hundreds of brand name prescription drugs. Obtained dismissal at the pleading stage, demonstrating that plaintiffs failed to allege any anticompetitive effect from the alleged conduct.

Moisanv. Fujitsu Computer Products of America, Inc. Counsel to Fujitsu in consumer class action alleging unfair trade practice and misrepresentation claims respecting hard drive capacity. (Settled.)

In re: Digital Music Player Battery Litigation. Represented the manufacturer of a digital music player in multiple class actions alleging product defects, unfair and deceptive trade practices, and related claims. Cases were coordinated before the California Superior Court for the County of San Mateo. (Settled.)

Wershbav. Apple Computer, Inc. Represented Apple in multiple California state court fraud/deception class actions challenging changes made by Apple to its technical support policies. Argued and won appeal challenging trial court’s approval of settlement.

Notebook Processor Speed Litigation. Represented a notebook computer manufacturer in class action alleging that certain notebook computers failed to perform at the advertised 1.1 GHz processing speed, overheated, and were not reliable for mobile computing. (Settled.)

Notebook Upgrade Litigation. Represented manufacturer in consumer class action alleging that certain notebook computers were advertised as having the capacity to upgrade their Random Access Memory (RAM) to four gigabytes when, in fact, the maximum amount of RAM upgrade capacity is substantially less. (Settled.)

Baker v. Symantec. Represented Symantec in action challenging the manner in which Symantec discloses its “shrink-wrap” license terms and its practices with respect to “click-wrap” licenses. The case alleges violations of various statutes, including § 17200, the Song-Beverly Consumer Warranty Act, and other claims. (Settled.)

Hurkes-Harris v. Fujitsu Computer Products of America, Inc. Represented Fujitsu in consumer class action alleging § 17200 claims with respect to allegedly defective hard drives. (Settled.)

Computer Display Defect Litigation. Represented a display manufacturer in a consumer class action alleging false advertising and product defects with respect to certain flat panel displays. (Settled.)

Adapter Litigation. Represented a computer manufacturer in a consumer class action alleging that adapters sold with certain notebook computers were defective. (Settled.)

WiFiTransmission Speed Litigation. Represented a manufacturer in a consumer class action alleging fraudulent misrepresentations respecting WiFi transmission speeds for wireless router product. Plaintiff dropped class allegations and settled on an individual basis.

Computer Manufacturer Memory Litigation. Represented a notebook computer manufacturer in consumer class actions filed in multiple federal courts alleging false advertising, product defect, breach of warranty and other claims regarding the memory function of certain notebook computers. The cases were all settled on an individual, non-class basis.