Backpage.com LLC v. Chiesa et al.
Secured an order permanently enjoining enforcement of N.J.S.A. § 2C:13-10, which makes it a crime to knowingly publish, disseminate, display, or to "directly or indirectly" cause offending content to be published. The court held the law violated Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and the First Amendment and Commerce Clause of the United States Constitution. (D.N.J. 2014)
Backpage.com LLC v. Cooper et al.
Secured an order permanently enjoining enforcement of T.C.A. § 39-13-314, which makes it a felony to "sell or offer to sell" certain advertisements, as well as attorneys’ fees incurred in bringing constitutional challenge. The court held the law violated Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and the First Amendment and Commerce Clause of the United States Constitution. (M.D. Tenn. 2014)
Jones v. Dirty World Entertainment Recordings LLC
Submitted amicus brief on behalf of online service providers, including major technology companies and news media, arguing for reversal of district court's narrow interpretation of Section 230 of the Communications Decency Act. The 6th Circuit Court of Appeals ultimately reversed and vacated the judgment, endorsing a broad interpretation of Section 230 which permits websites and service providers to engage in traditional editorial functions without becoming liable for user content. (6th Cir. 2014)
Routt v. Amazon.com, Inc.
Defended Amazon against claims that it was liable for the allegedly infringing acts of participants in its marketing program. The trial court dismissed complaint and amended complaint under Rule 12(b)(6), and the 9th Circuit affirmed. (2014)
Backpage.com LLC v. McKenna et al.
Represented Backpage.com in its constitutional challenge to Washington SB 6251, which made it a felony to knowingly publish, disseminate, display, or to "directly or indirectly" cause offending content to be published. Secured temporary restraining order and preliminary injunction enjoining enforcement of law based on court's finding that SB 6251 was likely preempted by section 230 of the Communications Decency Act and violated the First and Fourteenth Amendments and Commerce Clause of the United States Constitution. State thereafter stipulated to permanent injunction and paid $200,000 in attorneys’ fees. (2013)
Meyer v. National wireless carrier
Represented national wireless carrier in a putative consumer class action challenging surcharge assessments for California State universal service programs. (2012)
Geise v. Amazon.com
Represented Amazon.com in putative nationwide product liability and consumer class action alleging that the Amazon Kindle was defective and had a propensity to crack. Case was settled for $50,000 and with no discovery costs incurred. (2010)
Boyle v. Amazon.com, Inc.
Represented Amazon.com in a putative nationwide class action alleging misrepresentation and the sale of counterfeit goods on the Amazon.com website. Obtained orders striking class allegations and granting motion for summary judgment. (King Cnty. (Wash.) Super. Ct. 2008) Read more
Lozano v. AT&T Wireless et al.
Represented AT&T Mobility in California class action regarding roaming charges and a putative nationwide class case alleging 'cramming.' Obtained orders dismissing two claims on summary judgment and denying class certification on all but two claims, with the two certified claims limited to California subscribers only. 504 F.3d 718, 728 (9th Cir. 2007, C.D. Cal. 2008)
State sales tax class action lawsuit for national wireless carrier
Represented client in a test case regarding assessment of E911 fees by the state of Alabama and in class action regarding state sales taxes in California. (2008)
Amazon Services, LLC v. Inphonic Inc.*
Represented Amazon.com in a breach of contract action against Inphonic, Inc., for breach of its merchant agreement. (2007)
AT&T Wireless Services, Inc. v. Lozano*
Handled and argued appeals to the U.S. Court of Appeals, 9th Circuit, on behalf of AT&T Mobility. (2005)
Insurance coverage litigation for Amazon.com*
Represented Amazon.com on insurance coverage litigation to recover defense costs and settlements paid in patent infringement cases. Obtained summary judgment, resulting in a favorable settlement. (2005)
Multiple nationwide class action lawsuits for national wireless carrier*
Defended client in putative nationwide class action concerning sales tax charges; an MDL proceeding regarding advertising of ring tones; and two nationwide class actions regarding charges for unsolicited text messages. (2005)
Scott v. Cingular*
Amicus representation of CTIA (the wireless industry association) before the Washington Supreme Court.
* Denotes experience completed at a prior firm