Devin S. Anderson

Cybersecurity Litigation

• Counsel for Accenture LLP in multi-district litigation stemming from the Marriott cyberattack before both the MDL Court and the Fourth Circuit. Secured reversal of class certification twice (D. Md., 4th Cir.).
• Counsel for Illuminate Education in class actions arising out of alleged data-security incident, including at the Ninth Circuit and the California Supreme Court (C.D. Cal., 9th Cir., Cal. Super. Ct., Cal. Ct. App., Cal. S. Ct.). Secured dismissal of federal and state actions.
• Counsel for Ascension Health in class actions arising out of alleged cyberattack (E.D. Mo., various state courts).
• Counsel for Instructure in class actions arising out of alleged cyberattack (D. Utah).
• Counsel for CDK Global in class actions and other litigations arising out of an alleged cyberattack. (N.D. Ill.).
• Counsel for IBM and Johnson & Johnson in class actions arising of an alleged data-security incident (S.D.N.Y.).
• Counsel for Opexus in class actions arising out of an alleged cyberattack (D.D.C.).
• Counsel for Coupang in class action arising out of an alleged cyberattack (E.D.N.Y.).
• Counsel for CorrectCare in class actions arising out of alleged data-security incident (E.D. Ky.).

Other Class Actions and Multi-District Litigation

• Counsel for Carrier Corporation in class-action litigation across the country relating to HVAC systems. Achieved dismissal of multiple cases at the pleading stage (W.D. Mo., S.D. Fla., E.D. Pa., C.D. Cal., 9th Cir.). Defeated multiple motions for class certification (C.D. Cal.).
• Counsel for Kidde Global Solutions in class-action litigation relating to various fire-safety products (N.D. Cal., 9th Cir., W.D. Wash., M.D.N.C.). Defeated plaintiffs’ claims relating to smoke alarms at summary judgment (N.D. Cal.).
• Counsel for Carrier Global in putative class actions alleging violations of antitrust laws (E.D. Mich.).
• Counsel for Meta in putative class actions alleging violations of unfair trade practice laws concerning Meta’s actioning of inappropriate content. (N.D. Cal.).
• Counsel for Facebook (now Meta) in putative class actions in alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA), and counsel for the Internet Association in FCC and appellate proceedings relating to the TCPA. Successfully represented Facebook before the U.S. Supreme Court in connection with landmark TCPA decision in Facebook, Inc. v. Duguid (N.D. Cal., 9th Cir., S. Ct.).
• Counsel for Facebook (now Meta) in putative securities class action relating to advertising metrics. Achieved dismissal of the case at the pleading stage. (C.D. Cal.).
• Counsel for Juul Labs, Inc. in MDL, class action, State AG, and appellate litigation alleging violations of various consumer protection and products liability laws.
• Counsel for contact-lens distributor in MDL class actions alleging horizontal and vertical conspiracies to establish minimum retail pricing policies in violation of federal and state antitrust laws.
• Counsel for Barr Laboratories defending state and federal antitrust challenges to settlements of Hatch-Waxman patent litigation. Defeated motion for class certification and successfully defended denial of certification on Rule 23(f) appeal.

Commercial Litigation

• Counsel for Fox Corporation in defamation actions arising out of Fox’s coverage of the 2020 Presidential election. (N.Y. Sup. Ct., 1AD).
• Counsel for TripAdvisor in multiple cases seeking to impose hotel taxes on websites that facilitate property rentals. Obtained summary judgment for TripAdvisor and successfully defended that ruling on appeal in the Florida District Court of Appeal and the Florida Supreme Court in Gannon v. Airbnb, Inc., et al.
• Counsel for Charter Communications in multiple cases relating to the distribution of cable channels. Obtained affirmance of summary judgment for Charter and review and reversal before the U.S. Supreme Court. (S.D.N.Y., 2d Cir., C.D. Cal., 9th Cir., S. Ct.).
• Counsel for BASF in a lawsuit seeking to enjoin the sale of a BASF business. Achieved denial of preliminary injunction, resulting in dismissal of the case. (S.D. Tex.).
• Counsel for LightSquared in case alleging tort and contract claims against several GPS manufacturers for allegedly wrongful conduct surrounding the development and launch of a nationwide wireless broadband network. Obtained successful resolution that enabled client to proceed with development of wireless network. (S.D.N.Y.).

Government Enforcement Actions

• Counsel for Accenture LLP in False Claims Act case relating to the provision of software and related services to the Department of Defense and various military commands. Obtained favorable ruling at summary judgment (W.D. Wash.).
• Counsel for Syngenta AG in False Claims Act relating to crop insurance payments. Achieved dismissal of action at the pleadings stage (D. Kan.).
• Counsel for Teva Pharmaceuticals defending a federal antitrust challenge to settlements of Hatch-Waxman patent litigation. Achieved dismissal of action at the pleadings stage. (E.D. Pa.).

Additional Supreme Court and Appellate Experience

• Counsel for Georgia in original action in U.S. Supreme Court regarding water rights, where the Supreme Court ruled for Georgia.
• Counsel for Teva Pharmaceuticals and Barr Laboratories in appeal from product liability case. Achieved affirmance of dismissal of all claims with prejudice. (7th Cir.).
• Counsel for OTG Management in appeal from agency action concerning licenses for the sale of alcoholic beverages in Newark Liberty International Airport. Achieved dismissal of appeals (N.J. Super. Ct. App. Div.).

Perry v. MSPB (D.C. Cir. & S. Ct.). Pro bono counsel for petitioner in appeal concerning proper forum for challenging MSPB decisions in discrimination cases. Obtained Supreme Court review and reversal of adverse decision.

Kennedy v. Bremerton Sch. Dist. (W.D. Wash., 9th Cir., S. Ct.). Pro bono counsel to high school football coach in First Amendment free speech and free exercise case.