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Joe Addiego is a seasoned first-chair trial lawyer and has been out front for his clients at both the trial and appellate levels since the early 1990s. Joe has litigated cases in nearly every county throughout California and in each of the state's four federal districts. Based on this experience, Joe has developed deep knowledge of California's jurists and juries, and their tendencies, which helps him assess risk and advise his clients on the optimal path to their desired success. Joe also has guided many of his clients through binding arbitration in matters up and down the West Coast.
Joe's practice focuses on class action defense, financial services, privacy, computer software and hardware, trade secret, real estate, and energy disputes. Joe has represented technology companies, large corporations, financial institutions, wireless carriers, publishers, power companies, property owners, hospitals, insurers and insureds, government entities, partnerships, and startup companies in a multitude of commercial disputes.
Joe was one of the first lawyers in California to defend multiple putative class actions involving the state's automatic renewal law. He has defended numerous other class actions involving California's consumer protection and privacy laws.
Joe is a member of the firm's Quality Assurance Committee, and former partner-in-charge of the firm's San Francisco office. He is a volunteer settlement conference officer for the San Francisco Superior Court and former chair of California's State Bar Committee on Federal Courts.
Select Litigation
Trial to enforce lien interests
Successful trial on behalf of National Banking Association on its claims asserted against a title company and 'borrower for the wrongful release of National Banking Association's 'deed of trust. Asserted strict liability and negligence claims against the title company, and sought injunctive relief against the borrower for an equitable lien against her residence. Achieved a favorable settlement for complete relief halfway through trial. (San Francisco (Cal.) Super. Ct. 2019)
Defense of insurance broker
Defending insurance broker against customer's claims for negligent misrepresentation and professional negligence. After three-week jury trial, achieved significant reduction in customer's claims for damages. Remainder of verdict is currently on appeal. (Cal. App. 1st Dist. Ongoing)
Richards v. Chime
Defending putative class action against material third-party payment processor in connection with a daylong systems outage that impacted multiple "challenger" banks and their customers. (N.D. Cal. Ongoing)
Colshan v. Popular Bank et al.
Representing a large financial institution in a putative California state class action alleging that our client required mortgage loan borrowers to enter into unsecured loan agreements as a condition of allowing a short-sale. (Monterey Cnty. (Cal.) Super. Ct. Ongoing)
Galvan v. JPMorgan Chase Bank, N.A.
Defended Chase in suit alleging wrongful foreclosure and unfair competition arising out of the alleged "bad faith" rejection of plaintiff's attempted loan modification, which led to a foreclosure that occurred seven years before plaintiff filed suit. Moved to dismiss on statute of limitations grounds. The District Court granted Chase's motion to dismiss on statute of limitations grounds'. Plaintiff appealed, and the 9th Circuit affirmed without oral argument, adopting Chase's arguments. (9th Cir. 2020)
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Auto-Renewal Class Actions
Chandler v. Clarus Commerce, LLC
Defended an online auto-renewing loyalty program in a putative class action alleging violations of state and federal consumer protection statutes based on purported signups for the subscriptions without consumer consent or knowledge. Plaintiffs complained Clarus's conduct was unfair and unlawful under California's unfair competition law (B&P Code § 17200), alleging Clarus violated the federal Restore Online Shoppers' Confidence Act by charging their credit or debit cards without their consent. Plaintiff's voluntarily dismissed their claims with prejudice following motion practice and initial discovery. (C.D. Cal. 2017)
Ingalls v. Spotify USA Inc.
Defended putative class action asserting UCL claim based on alleged violations of California's Auto-Renewal statute (which has no private right of action). Plaintiffs alleged that the webpages on which consumers subscribed did not clearly and conspicuously reflect required terms, and the terms were not in visual proximity to the request for consent, and that such alleged conduct was unlawful and unfair under the UCL. Obtained denial of class certification, followed by favorable settlement. (N.D. Cal. 2017)
Kruger v. Hulu LLC
Defended putative class action alleging violations of California's Auto-Renewal statute and related UCL claims. Plaintiffs alleged Hulu did not present the terms in a clear and conspicuous manner, the terms were not in visual proximity to the point of acceptance, and failed to obtain affirmative consumer consent. Specifically, plaintiffs alleged that the disclosures that Hulu did make were hidden in a "vague and ambiguous document" available via a small hyperlink at the bottom of the webpage, and thus Hulu's conduct was unlawful, unfair, and fraudulent under the UCL. Successfully moved to compel individual arbitration. (Los Angeles Cnty. (Cal.) Super. Ct. 2016)
Becker v. Skype Inc.
Defended putative class action alleging violations of California's Auto-Renewal statute and related UCL claims. Plaintiffs alleged Skype converted, without their knowledge or authorization, from non-recurring to automatic renewal, which constituted unlawful, unfair, and fraudulent conduct under the UCL. Achieved individual settlement on very favorable terms after completion of briefing on motion for summary judgment and class certification. (N.D. Cal 2014)
Bleak v. Spotify
Defended putative class action alleging violations of California's Auto-Renewal statute and related UCL claims. Plaintiffs alleged Spotify failed to provide a hyperlink to required terms when checking out with the Premium Plan, and did not provide any terms when checking out with the unlimited plan, which constituted unlawful, unfair, and fraudulent conduct under the UCL. Successfully moved to compel individual arbitration. (N.D. Cal. 2014)
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Admitted to Practice
- California, 1993
- U.S. Court of Appeals, 9th Circuit, 1993
- U.S. District Court, Northern District of California, 1993
- U.S. District Court, Central District of California, 1999
- U.S. District Court, Eastern District of California, 1999
- U.S. Court of Appeals, Federal Circuit, 2010
- U.S. District Court, Southern District of California, 2014
Education
- J.D., Santa Clara University School of Law, 1993
- Comments Editor, Santa Clara Law Review
- B.A., Anthropology, Pomona College, 1990
Memberships & Affiliations
- Settlement Conference Officer, San Francisco County Superior Court Mandatory Settlement Conference Program, 2012-present
- San Francisco Bar Association, 1993-present
- Alameda County Bar Association, 1993-present
- American Bar Association, 1993-present
- Former Secretary and member of the Board of Directors, George Mark Children's House, 2008-2011
- Former Chair, California State Bar Committee on Federal Courts, 2006-2007
- Former member, Tournament Host Committee, Stonebrae Classic (Nationwide Tour professional golf tournament), 2008-2010
Professional Recognition
- Martindale-Hubbell Peer Review Rating: AV® Preeminent™ 5.0 out of 5.0
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man with credit card on laptop
01.13.22
Advisories
Litigation
Recurring Online Subscriptions Face a New Arbitration Standard in California Read More Presentation
10.08.15
Presentations
"Class Actions in the Digital Age," DOWNLOAD, Davis Wright Tremaine, New York, N.Y. Read More Publications
09.04.15
Publications
"Auto-Renewal Suits Rain Down on Consumer Tech Companies," The Recorder Read More Presentation
02.28.10
Presentations
Healthcare
"Reducing Risk in Healthcare IT Purchases: Avoiding and Resolving Disputes," HIMSS10 - Healthcare Information and Management Systems Society, Atlanta Read More Publications
2007
Publications
"Advising, Counseling, and Representing Clients in Technology Disputes" chapter, Aspatore Inc.’s Inside the Minds-Technology Law Client Strategies Read More Publications
03.06.06
Publications
"Time to Arbitrate? Making the Most Out of Binding Arbitration," The Recorder Read More Publications
01.01.05
Publications
"Way to Go Live: A Framework for New IT Implementation," Healthcare Financial Management Read More 1993
Publications
"FIRREA Disrupts Traditional Notions of Attorney Duty By Exposing Lawyers, As Institution-Affiliated Parties, to Personal Liability," Santa Clara Law Review, Vol. 33, No. 4
Publications
"Ask the Attorney," appearing in several nationally distributed magazines
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