Consumer Protection

Related Professionals

Overview

The firm is very involved in a number of significant litigations especially in consumer products. - Chambers USA

Our Consumer Protection Practice Group is at the forefront of the ongoing expansion and evolution of consumer protection laws. Leading companies rely on our team to handle government investigations, litigation, and provide compliance advice relating to advertising substantiation, e-commerce disclosures and practices, distribution practices, earnings claims, payments practices, and numerous specific consumer protection laws and regulations such as the FTC Act, the Children’s Online Privacy and Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and the California Consumer Protection Act (CCPA).

We draw on the deep government service of many of our partners, including a former U.S. Attorney General and former U.S. Deputy Attorney General, a former White House Counsel and former Deputy White House Counsel, and multiple former senior DOJ, SEC and FTC officials.

Our trial-ready reputation gives us an edge in dealing with state and federal regulators and in litigation with private parties. Given our deep bench of leading national trial lawyers, we stand ready to defend our clients all the way to the courtroom instead of bowing to the settlement pressures presented by many consumer protection matters.

In Europe, the introduction of the General Data Protection Regulation (the “GDPR”) in May 2018 represented a “once in a lifetime” overhaul of data protection requirements across all EU Member States (and has significant extra-territorial reach outside the European Union). The significant fines for non-compliance with the GDPR, coupled with heightened public awareness around privacy matters, has elevated the importance of data protection issues in all forms of commercial transactions. We regularly provide advice to clients on the consumer-centric aspects of compliance with this regime across a range of industries.

Experience

In re National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio)
Representing Allergan in thousands of civil suits filed nationwide by states, counties, cities, municipalities, Native American tribes, third-party payors, private hospitals and others, related to the marketing and sale of opioid pain medications. Allergan won a total defense verdict in California state court against Orange, Los Angeles and Santa Clara Counties and the City of Oakland. Allergan also achieved favorable settlements in governmental and private-party actions brought in New York, Florida, Louisiana, Rhode Island, West Virginia, Ohio and San Francisco — some of which were reached during trial but before verdict was rendered. Recently, Allergan entered into a global settlement resolving claims brought by all 50 states and all six territories, with the vast majority of political subdivisions and Native American tribes agreeing to the negotiated terms. Other aspects of the litigation continue.
VanCleave, et al. v. Abbott Laboratories (Cal. Sup. Ct.)
Represented Abbott in putative class action challenging Abbott’s labeling statements on its PediaSure products. Kirkland defeated class certification and secured a full defense verdict after a four-week trial.
FTC v. LendingClub Corporation (N.D. Cal.)
Represented leading fintech platform LendingClub in an FTC Act and Gramm-Leach-Bliley Act enforcement action. Kirkland defeated the FTC’s summary judgment bid on all counts and secured dismissal at summary judgment of one count. Settlement achieved on remaining claims.
Home Partners Rental Agreement Practices Litigation (various)
Defending Home Partners of America (HPA) in several class actions around the country in which plaintiffs allege consumer fraud and similar claims arising from HPA’s rent-to-own contracts with tenants/purchasers.
La Fosse, et al. v. Sanderson Farms, Inc. (N.D. Cal.)
Secured dismissal on behalf of Sanderson Farms in putative class action brought by class of consumers alleging false advertising of poultry products. After successfully moving to reduce the size of the putative class through motions practice, Kirkland obtained voluntary dismissals from the remaining plaintiffs with prejudice following discovery and upon threat of summary judgment. As part of a stipulated dismissal, plaintiffs conceded that “after a considerable expenditure of legal resources and a detailed review of the facts and law,” they determined to voluntarily dismiss the remaining claims and acknowledged that Sanderson had not paid them any consideration or provided any other form of relief.
In re Oral Phenylephrine Marketing and Sales Practices Litigation, MDL 3089 (E.D.N.Y.; 2d Cir.)
Representing Haleon US Holdings LLC in industry-wide multidistrict litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds. Pending appeal.
Dean, et al. v. Colgate-Palmolive Co. (C.D. Cal.); Willis, et al. v. Colgate-Palmolive Co. (C.D. Cal.); Canale et al. v. Colgate Palmolive Co. (S.D.N.Y.)
Represented Colgate-Palmolive Company in putative class actions alleging deceptive advertising of Colgate’s Optic White Toothpaste. Successfully defeated motion for class certification in Dean, argued and defeated Ninth Circuit appeal, secured stipulated decertification and dismissal in Willis and dismissal of Canale.
Ferguson v. Shiseido Americas Corporation, et al. (C.D. Ill.)
Represented Shiseido Americas Corporation in a class action wherein plaintiffs alleged Shiseido unlawfully collected, used, stored and disclosed sensitive, private and personal biometric data. Plaintiff voluntarily dismissed the case.

Practices