American Honda Finance Company • Electronic Arts Inc. • Instacart • Lyft, Inc. • Intuitive Surgical, Inc. • Lucasfilm Ltd. • Major League Baseball
Successfully defending complex consumer or class action lawsuits requires a legal team capable of devising the most effective strategies, while protecting your bottom line. The best approach to these potentially costly cases is to quickly develop a comprehensive game plan that focuses on our client’s goals. Because judges in consumer and class action suits respond favorably to thoughtful handling of such cases, our early planning often directly leads to favorable outcomes.
We defeated a putative class action filed against a leading on-demand technology company, Instacart, which connects customers with personal shoppers for grocery shopping and home delivery. The class action addressed an issue critical to the new “sharing economy:” whether personal shoppers who use Instacart’s technology platform were properly considered independent contractors rather than employees. The court issued its order dismissing the class action claims in November 2015.
We successfully defended Major League Baseball (MLB), its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.
We represent technology company Lyft, which connects individuals in need of a ride to drivers willing to transport them. This putative class action addresses an issue critical to the new economy: whether Lyft drivers have been misclassified as independent contractors rather than employees. In summer 2016, the parties entered into a proposed settlement that does not require the re-classification of Lyft drivers as employees. The court approved the settlement in early 2017.
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.
In this putative securities class action, the plaintiff accused our client, a renewable energy company, of knowingly making false and misleading statements over the production of a chemical used in transportation fuels. After we demonstrated the company was simply mistaken in their projections and its statements provided meaningful cautionary warnings, the judge granted our motion to dismiss.
We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games.
We advised Lucasfilm Ltd. in an investigation by the U.S. Department of Justice and then represented Lucasfilm in a series of antitrust class actions brought by former employees of Lucasfilm, Google, Apple and Pixar. Plaintiffs alleged unlawful agreements related to hiring and employee retention. Plaintiffs and Lucasfilm reached a preliminary settlement of plaintiffs’ claims in July 2013.
We defended automakers in multi-forum, antitrust litigation involving restrictions on car exports in the late 1990s and early 2000s. Plaintiffs, alleging a broad conspiracy among all major automobile manufacturers and distributors, sought damages of more than $1 billion. We won summary judgment in the lead federal litigation, in several state cases, and in the California state court class action. We also achieved early dismissal of numerous state court actions.
We represented a California medical group in class action litigation concerning false advertising, Section 17200 and other consumer protection claims. In conjunction with the counsel defending a related organization, we defeated the class certification, resolved the case before trial, and obtained a favorable settlement for a small fraction of the demand.
We defended a national credit card processor in class action litigation related to alleged Section 17200 and other consumer protection violations. We showed that a forum selection clause in the merchant agreements precluded this type of complaint from being filed in the Northern District of California, thereby securing a dismissal and terminating the litigation.
In a multi-district class action, plaintiffs challenged a drug company's product label under California's unfair competition law and Consumer Legal Remedies Act. We settled the case on extremely favorable terms to our client.
Longtime California trial staple Keker Van Nest & Peters LLP found success for a wide range of clients this year, winning a nationwide injunction against a presidential executive order, defending Arista Networks in a groundbreaking copyright suit and resolving a feud between two prominent San Francisco philanthropists. Read more
Simona Agnolucci will serve as a faculty member for this year's conference, which will explore and explain the changing landscape of consumer class actions. Read more
Ms. Anderson and Ms. Meny represent the who's who of San Francisco Bay Area technology companies. Read more
Ms. Agnolucci works at the forefront of two hot and emerging litigation trends. Read more
The awards recognize California litigation practices that delivered exceptional results on their clients' most critical and challenging matters. Read more
Rachael Meny, Jamie Slaughter and their team removed a major threat to Lyft's business model when they settled a proposed class action lawsuit without classifying drivers as employees. Read more
A Bay Area company that operates fitness centers isn’t violating age-discrimination laws by charging reduced membership fees to 18- to 29-year-olds, who tend to have lower incomes than older adults, a state appeals court has ruled. Read more
A California federal court crushed a proposed labor class action against smartphone-based grocery delivery service Instacart by ordering workers to individually arbitrate their claims. Read more
Ms. Meny handles ground-breaking litigation for Lyft, Inc., Netflix, Google and Instacart. 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
Lyft has hired Keker & Van Nest Partners Rachael Meny and Jamie Slaughter to bolster its legal team, as it battles misclassification suits. Read more
With a federal judge declaring earlier this month that a jury should decide whether Lyft has been misclassifying drivers as contractors under California state law, the company has beefed up its defense team. Read more
Rachael Meny and Jennifer Huber provide guidance on which prevention strategies and potential defenses businesses can use against privacy class actions. Read more
One name mentioned by virtually everyone the Daily Journal spoke to was Keker & Van Nest. Lawyers at some of the best firms in California said they model themselves after the litigation powerhouse. Read more
Ben Hur comments on how to fight these high-stakes motions. Read more
Rachael Meny will present "What Makes a Good Case?" at this conference, which covers the latest developments in the law of federal and California class actions as well as procedural advice from leaders in the field. Read more
Michael Celio and Robert Van Nest defeat securities class action. Read more
Mr. Bhansali will speak at the Bridgeport Annual Class Action Litigation Conference. Read more
The class action was brought by retired NFL players who claim the video game maker used their likenesses without permission. Read more