Devin S. Anderson

Class Actions and Multi-District Litigation

• In re Marriott Int’l Inc. Customer Data Security Breach Litig. (D. Md.). Counsel for Accenture LLP in multi-district litigation stemming from the Marriott data breach before both the MDL Court and the Fourth Circuit.
• Counsel for Carrier Corporation in class-action litigation across the country. Achieved dismissal of multiple cases at the pleading stage: Williams v. United Technologies Corp. (W.D. Mo.); Koski v. Carrier Corp. (S.D. Fla.); Vullings v. Bryant Heating & Cooling Sys. Successfully defended dismissal at the pleading stage in Shoner v. Carrier Corp. (9th Cir.). Defeated multiple motions for class certification in Oddo v. Arcoaire Air Conditioning & Heating (C.D. Cal.) and Cormier v. Carrier Corp. (C.D. Cal.).
• Counsel for Illuminate Education in class actions arising out of alleged data-security incident.
• Counsel for Facebook 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.
• Counsel for Juul Labs, Inc. in MDL, state court, 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
• Anshen v. Facebook, Inc. (C.D. Cal.). Counsel for Facebook in putative securities class action relating to advertising metrics. Achieved dismissal of the case at the pleading stage.
• 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 appeal.

Commercial Litigation

• 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 summary judgment for Charter in Compass Productions Int’l v. Charter Communications, Inc. (S.D.N.Y.).
• INEOS v. BASF (S.D. Tex.). 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.
• LightSquared v. Deere & Co. (S.D.N.Y.). 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.

Government Enforcement Actions

• United States ex rel. Uchytil v. Avanade, Inc. (W.D. Wash.). 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.
• United States ex rel. Pospisil v. Syngenta AG (D. Kan.). Counsel for Syngenta AG in False Claims Act relating to crop insurance payments. Achieved dismissal of action at the pleadings stage.
• FTC v. AbbVie (E.D. Pa.). Counsel for Teva Pharmaceuticals defending a federal antitrust challenge to settlements of Hatch-Waxman patent litigation. Achieved dismissal of action at the pleadings stage.

Additional Supreme Court and Appellate Experience

• Florida v. Georgia (S. Ct.). Counsel for Georgia in original action regarding water rights, where the Supreme Court ruled for Georgia.
• Wagner v. Teva Pharmaceuticals USA, Inc. (7th Cir.). Counsel for Teva Pharmaceuticals and Barr Laboratories in appeal from product liability case. Achieved affirmance of dismissal of all claims with prejudice.
• In re OTG Management EWR, LLC (N.J. Super. Ct. App. Div.). 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.

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.