Erin Meyer focuses her practice on high-stakes, complex litigation, including challenging employment and consumer class actions, commercial disputes, and criminal cases. Whether representing a Fortune 500 company or a technology startup, Ms. Meyer specializes in finding creative and efficient ways to help her clients solve their most difficult legal problems.
Ms. Meyer has significant trial experience. She obtained a complete defense verdict in a multi-patent jury trial and successfully defended clients in a nine-figure commercial arbitration. Recently, she defended a large public company in a rare consumer class-action trial that resulted in a defense judgment, after successfully moving to exclude all three experts offered by plaintiffs. She currently represents Lyft and Instacart in putative class actions addressing issues critical to the new economy: whether drivers and shoppers have been misclassified as independent contractors rather than employees. She also has a proven track record of resolving or limiting cases through pre-trial motion practice and is a fierce oral advocate for her clients.
From start to finish, Ms. Meyer works to understand the ins and outs of her clients’ businesses to craft a litigation strategy that is tailored to their needs. For example, she has been on the cutting edge of defense strategy for “sharing economy” companies and digital currency businesses involved in complex and novel litigation.
Ms. Meyer is also deeply committed to her pro bono practice, which focuses on representing Central American women and children fleeing abuse and persecution. She began her legal career as a Yale Public Interest Fellow, litigating affirmative and defensive political asylum claims and has continued that work at KVP.
Ms. Meyer is fluent in Spanish.
Instacart Nationwide “Gig Economy” Litigation
On behalf of Instacart, we have successfully defended against numerous class and collective actions across the country alleging that that shoppers who use Instacart’s technology platform should be classified as employees rather than independent contractors. We have won a number of early dispositive motions in these cases, including motions to compel individual arbitration and to enforce class and collective action bars.
Berk v. Coinbase
We are defending San Francisco-based Coinbase in a putative class action alleging insider trading and violations of the Commodities Exchange Act and Business & Professions Code Section 17200 in connection with the launch of a new digital currency. We filed a successful motion to dismiss all but one of the Plaintiffs’ claims with prejudice, and in December 2020, the Ninth Circuit Court of Appeals reversed a trial court order denying a motion to compel arbitration of the sole remaining claim in the case and requiring the plaintiffs to individually arbitrate that claim.
Downey v. Public Storage and Perez v. Public Storage
We defended the United States’ largest self-storage operator, Public Storage, in two class actions filed in California alleging violations of Business & Professions Code Section 17200 and the Consumer Legal Remedies Act. We successfully defeated class certification in the Downey case in May 2018 (and handled the appeal in which that decision was affirmed) and won a complete defense verdict in the Perez case after trial—one of only a handful of class action trials recently conducted in California.
Bowe v. Public Storage
We defended the United States’ largest self-storage operator, Public Storage, from a consumer class action lawsuit. The plaintiff alleged our client deceived customers who bought tenant insurance policies. The plaintiff claimed Public Storage sold tenant insurance to him and other storage consumers without properly disclosing that the company retains a “substantial portion” of the premiums. The suit claimed that the insurance program offered by Public Storage was “a hidden profit center for itself that kicks back unconscionable profits at the expense of consumers.” The suit, filed in Miami federal court, sought restitution for all of the insurance premiums paid to Public Storage by its customers over the past four years. Within three months of being retained, and just seven months before trial, we prevailed on a Summary Judgment Motion which dismissed the class’ RICO claim. The matter settled favorably two days before trial.
Independent Contractors v. Caviar
We represent Caviar, a technology company that connects food-delivery professionals with consumers and restaurants that might not otherwise offer a delivery option. In 2015, we defeated a putative class action filed against Caviar, in which independent contractors offering courier services alleged that they should instead be classified as employees. The court dismissed the class-action claims and compelled individual arbitration in November 2015.
Plaintiffs v. Founders of Digital Currency Startup
In classic David vs. Goliath litigation, we defended the founders of a digital currency startup against allegations of intellectual property theft brought by a large, international company. The litigation spanned multiple jurisdictions and involved conflicts between U.S. and foreign law. After we won an early strategic motion bringing a full stop to the plaintiffs’ California litigation, and after we filed counterclaims on behalf of our clients against the original plaintiffs in a new action in Delaware Chancery Court, the multi-jurisdiction litigation reached a confidential settlement. The company our clients founded has now raised more than $40 million in venture capital funding.
Company v. Former Chief Executive Officer
Our client's former CEO threatened litigation over his termination and the conversion of his equity interests in the company. On behalf of the company, we sought declaratory relief in arbitration. The former CEO brought counterclaims seeking more than $100 million in damages. Following a three-week hearing, the arbitrator granted our client's request for declaratory relief and dismissed all counterclaims, finding for our client on every disputed legal and factual issue.
Round Rock Research LLC v. SanDisk Corporation
We defended SanDisk from numerous patent assertions by Round Rock, including a total of 15 patents asserted in two separate litigations in the District of Delaware, and 12 patents asserted in another case in the Northern District of California. We prevailed in all adjudicated phases of the Delaware and California actions before the parties reached a broad settlement. In the California action, we secured final judgment in favor of SanDisk after obtaining a summary-judgment victory based on patent exhaustion. In the first Delaware phase, which culminated with a jury trial on two asserted patents, we obtained a defense verdict invalidating most asserted claims of both patents, and finding no infringement as to the other claims. In the next Delaware phase, a second jury trial was vacated after we obtained summary judgment invalidating claims from a third patent asserted by Round Rock. The other patents in the Delaware actions remained pending adjudication when the parties settled.
Oracle America Inc. v. CedarCrestone, Inc.
We helped our client CedarCrestone, Inc. reach a successful settlement in this copyright infringement suit. Oracle had sued former business partner CedarCrestone Inc. in California federal court, accusing it of misappropriating Oracle's intellectual property during their partnership and then using its partner status to attract customers.
May 29, 2020
In an opinion Friday, California’s Fourth District Court of Appeal found that the reality TV personality now “finds himself at war with defendant Public Storage,” but that Hester lost this most recent breach of contract battle with the global self-storage company. Read more
August 14, 2019
Michelle Ybarra and Erin Meyer were named among California's Top 40 Lawyers Under 40 by the Daily Journal for their litigation victories. Read more
August 07, 2019
Cryptocurrency exchange Coinbase Inc. has escaped the majority of the claims brought by a proposed class of investors accusing it of artificially inflating bitcoin cash prices in a botched launch, after a California federal judge gutted the suit. Read more
March 01, 2019
Keker, Van Nest & Peters scored a defense verdict in California this month in the rarest of trials: class actions. Read more
January 28, 2019
Public Storage bamboozled storage space renters into believing they were required to buy company provided insurance in order to rent units, customers testified Monday at the start of a class action bench trial in California seeking $100 million in restitution from the national storage giant. Read more
January 02, 2019
Keker, Van Nest & Peters is pleased to announce that the firm has elected associates Nicholas Goldberg, Thomas Gorman, Elizabeth McCloskey, and Erin Meyer to its partnership effective January 1, 2019. Read more
Legal Services for Children provides free representation to Bay Area children and youth. Read more
Restaurant delivery app Caviar Inc. won't have to defend its use of independent contractors in court, a federal judge ruled Monday, steering claims against the company into arbitration. Read more
Partners R. James Slaughter, Ashok Ramani and Simona Agnolucci will help the restaurant-delivery app fend off claims it misclassified workers as independent contractors. Read more
A Delaware federal jury found that two patents held by patent holding company Round Rock Research LLC covering flash drives and memory cards were invalid, following an eight-day trial in a patent infringement case against SanDisk Corp. Read more
The Wall Street Journal profiles Keker & Van Nest's pro bono efforts to help Central American minors. Read more
Bay Area resources currently overwhelmed by more than 2,000 children seeking asylum. Read more