Defended Hasbro in a putative class action brought on behalf of all California purchasers of a Tinkertoy set. The Plaintiff alleged that Hasbro engaged in false advertising based on the sale of Tinkertoy sets that included certain connector pieces in the images of structures featured on the packaging that were not included in the set. Plaintiff’s proposed class included customers who purchased the set from authorized retailers as well as second-hand sellers of the set. We successfully opposed certification of the class.

Represented Yahoo! in a national class action case for false advertising, breach of contract and unfair competition. The plaintiffs sought to certify a class of Yahoo! Pay-Per-Click advertisers asserting claims that they were paying for low quality traffic. We worked with a team of contract lawyers and eDiscovery experts to collect and review tens of gigabytes of data regarding Yahoo!’s advertising network. We were able to settle the case on favorable terms after filing an opposition to the class certification motion.

Represented Prepayd Wireless in connection with a dispute arising out of its commercial lease. Prepayd, the tenant with respect to the lease at issue, was sued by its landlord for breach of lease and rent due and owing after Prepayd surrendered possession of the premises based on the plaintiff-landlord’s interference with Prepayd’s right to quiet enjoyment. The landlord filed a demurrer seeking to dismiss Prepayd’s entire cross-complaint for constructive eviction and related claims. At the hearing, the judge overruled the landlord’s demurrer in its entirety, citing the arguments in our opposition brief and noting on the record that Prepayd successfully pled a claim for constructive eviction which, if proved at trial, would cut off Prepayd’s duty to pay rent starting on the date Prepayd surrendered possession of the premises. Settlement discussions are ongoing.