Stuart Plunkett

• Lead counsel for a major financial institution in an antitrust and consumer fraud class action involving bank fees. In re Late Fee and Over-Limit Fee Litigation.
• Lead counsel for a chipmaker in multidistrict litigation arising out of alleged cartel activity. In re SRAM Antitrust Litigation.
• Lead counsel for a large tableware manufacturer in a case alleging a group boycott of retailer Bed Bath & Beyond. In re Tableware Antitrust Litigation.
• Lead counsel for a large energy producer, transporter, and trading company in multiple lawsuits in federal and state courts alleging antitrust claims arising out of the California energy crisis. Phelps Dodge v. El Paso Corp., In re California Retail Natural Gas and Electricity Antitrust Litigation, Public Utilities Commission of California v. El Paso Natural Gas Co. (FERC proceeding), Nevada Power v. El Paso Corp., and Sierra Pacific Resources v. El Paso Corp.
• Lead counsel for an Internet services company pursing monopolization claims for “.com” and “.net” registries. CFIT v. Verisign Inc.
• Lead counsel for a paper manufacturer in multidistrict litigation alleging a price-fixing conspiracy among manufacturers. In re Publication Paper Antitrust Litigation.
• Lead counsel for a medical device company accused of violating antitrust laws through the enforcement of a patent portfolio against a competitor. Medtronic Inc. v. Estech Inc.
• Advised a major wireless telecommunications provider seeking regulatory clearance for a proposed merger.

Class Actions and Commercial Litigation

• Defending a consumer credit company in multiple consumer actions across the country.
• Defending a leading public cybersecurity company against fraud and contract claims in AAA Arbitration.
• Defending a pharmaceutical company in $1.5 billion breach of contract ICC arbitration.
• Defending a large national reseller in the N.D. Cal. regarding claims of false advertising and consumer fraud.
• Defending a leading provider of retirement plan services in Alameda County Superior Court against claims of professional negligence, actuarial malpractice, and breach of contract. Sheet Metal Workers Pension Plan of Northern California v. NWPS Holdings, Inc.
• Defending a large national retailer in a class action pending in federal court in California alleging unfair competition and other consumer claims arising out of COVID-19 policies.
• Lead trial counsel for an energy sector software company in defending breach of contract and unfair competition claims in federal court in California. Crescent Point v. Tachyus.
• Defended a manufacturer of diet soda in a lawsuit alleging false advertising and other claims under California’s consumer protection statutes. Becerra v. Dr Pepper/Seven Up Inc.
• Lead counsel for a large chain of fitness facilities in evaluating constitutional challenges arising out of COVID-19 restrictions.
• Defending a large national financial institution against consumer claims in California state court.
• Defended a large waste collection company in California class actions alleging breach of contract and consumer fraud claims. Eagle Canyon Owners’ Association v. Waste Management.
• Defending an automobile leasing company in fraud and breach of contract actions in California state court. 8400 Edgewater v. Fair Financial.
• Defended a leading consumer electronics maker in numerous matters alleging false advertising, product defects, and claims under California’s consumer protection statutes. In re Apple In-App Purchase Litigation, In re Apple iPhone 4 Products Liability Litigation, In re Apple iPhone 3G Products Liability Litigation, Donohue v. Apple Inc., In re Apple and AT&T iPad Unlimited Data Plan Litigation, Patel v. Apple Inc., Van Zant v. Apple Inc., and Luxpro Corp. v. Apple Inc.
• Represented a major university pursuing claims related to patent rights, breach of contract, and unfair competition under California law. The Regents of the University of California v. Chen, et al.
• Defended a large retailer against multiple consumer protection claims following a significant data breach. In re Target Corporation Customer Data Security Breach Litigation.
• Brought claims on behalf of landowners for RICO violations, fraud, and breach of contract in a significant business dispute with a cannabis operator. Shulman, et al. v. Kaplan, et al.
• Defended a large retailer against claims under the California Unruh Civil Rights Act alleging a lack of accessibility to a website. National Federation of the Blind v. Target Corporation.
• Defended a private mortgage insurance company against class action claims under the Fair Credit Reporting Act and related consumer fraud claims. Glatt v. The PMI Group Inc.
• Represented an industry leader in the credit and debit sector in a class action alleging consumer fraud and unfair business practices. Lemacks v. Visa USA Inc.
• Represented a leading consumer electronics manufacturer in a major intellectual property dispute with a competitor, specifically trade dress issues. Apple Inc. v. Samsung.
• Represented a large medical device maker in a dispute with a competitor involving trademark, trade dress, and unfair competition claims. Novadaq v. Karl Storz.
• Represented an international bank in a major fraudulent conveyance action in Nevada state court. BM-Bank JSC v. Marker Craig LLC and Marker LLC.
• Represented a wireless company in a case alleging trademark infringement and unfair competition. Shipcom Wireless v. Catamaran.
• Represented the federal court-appointed receiver for the California prison system’s health care operations in contempt proceedings against state officials. Plata v. Schwarzenegger.
• Represented an international mining conglomerate in a human rights action brought under the Alien Tort Claims Act. Sarei v. Rio Tinto.
• Represented companies in numerous other commercial disputes in the Northern District of California. China Fortune Land Development v. 1955 Capital Fund, Global Industrial Investment Ltd. v. Chung, McGraw v. Western Service Contract Corp., Continental Automotive Systems Inc. v. Avanci LLC, et al., Coalition for ICANN Transparency v. Verisign, et al., and State of California v. Valero Energy Corp.

Securities Litigation

• Defended numerous companies in high-stakes class action litigation involving allegations of securities fraud, including:
  • In re Zynga Inc. Securities Litigation
    
  • In re JDSU Securities Litigation
    
  • Zhu v. UCBH Holdings Inc.
    
  • In re Countrywide Financial Corp. Securities Litigation
    
  • In re Cooper Companies Inc. Securities Litigation
    
  • In re Charles Schwab Corporation Securities Litigation
    
  • In re Calpine Corporation Securities Litigation
    
  • In re Providian Financial Corp. Securities Litigation

Selected Trials & Arbitrations

• DFND Litigation (AAA arbitration, ongoing)
• BM-Bank JSC v. Marker Craig LLC and Marker LLC (JAMS Arbitration, Sept. 2020)
• PPL EnergyPlus LLC, et al. v. Nazarian (D. Md. trial)
  
• Olympus Capital v. Lone Star (International arbitration)
  
• Medina v. City of Menlo Park (N.D. Cal. jury trial)
  
• In re JDSU Securities Litigation (N.D. Cal. jury trial)
  
• Verio Inc. v. Leonard, et al. (AAA arbitration)
  
• Doe v. City of San Francisco (San Francisco Superior Court jury trial)

Selected Pro Bono

• Defended a municipality at a jury trial against an individual seeking a substantial award for personal injuries.
• Obtained asylum for a client who had been persecuted for his sexual orientation.
• Represented a low-income housing client in San Francisco.
• Advised the Brady Center in challenges to state laws seeking to nullify federal firearms regulations.
• Represented the transgender community in a constitutional challenge to a Tennessee law prohibiting changing gender markers on birth certificates.
• Represented couples and civil rights organizations in groundbreaking litigation arising out of the same-sex marriage debate in California and Montana.
• Argued before the Ninth Circuit Court of Appeals in a habeas action.