Eric Gibbs prosecutes consumer protection, whistleblower, antitrust, and mass tort matters. He has been appointed as lead counsel, class counsel, and liaison counsel in dozens of contested, high profile class actions and coordinated proceedings, and currently serves in leadership positions in In re Am. Honda Motor CR-V Vibration Litigation, In re Anthem, Inc. Data Breach Litigation, In re Risperdal and Invega Product Liability Cases, In re Hyundai Sonata Engine Litigation, and In re Vizio, Inc., Consumer Privacy Litigation. Eric has recovered nearly a billion dollars for the clients and classes he represents, and has negotiated groundbreaking settlements that resulted in meaningful reforms to business practices, and have favorably shaped the laws impacting plaintiffs’ legal rights.
Reputation and Recognition by the Courts
In over twenty years of practice, Eric has developed a distinguished reputation with his peers and the judiciary for his ability to work efficiently and cooperatively with co-counsel, and professionally with opposing counsel in class action litigation.
“[Mr. Gibbs] efficiently managed the requests from well over 20 different law firms and effectively represented the interests of Non-Settling Plaintiffs throughout this litigation.” -Hon. G. Wu, In re Hyundai & Kia Fuel Economy Litigation (C.D. Cal)
“The attorneys who handled the case were particularly skilled by virtue of their ability and experience.” -Hon. D. Debevoise, In re: Mercedes-Benz Teleaid Contract Litigation (D. N.J.)
“They are experienced and knowledgeable counsel and have significant breadth of experience in terms of consumer class actions.” -Hon. R. Sabraw, Mitchell v. American Fair Credit Association (Alameda County Superior Court)
“Representation was professional and competent; in the Court’s opinion, counsel obtained an excellent result for the class.” – Hon. J. Fogel, Sugarman v. Ducati North America (N.D. Cal)
Achievements and Leadership
Eric has been widely recognized for his professional excellence and achievements, and has been selected by numerous publications as a leading lawyer in the field of Class and Mass Actions. The Daily Journal named Eric to its prestigious list of “Top Plaintiff Lawyers in California” for 2016. Law360 named Eric a 2016 MVP for Consumer Protection, the only plaintiff attorney in the country to receive that honor. Consumer Attorneys of California selected Eric and co-counsel as finalists for the Consumer Attorney of the Year award for their work in achieving $100 million settlement in the Chase “Check Loan” Litigation. His cases have been chronicled in major legal and news publications including NBC News, CNN, the National Law Journal, The New York Times, Auto Week, Market Watch, and Bloomberg News. Eric holds a variety of leadership positions in professional associations dedicated to consumer advocacy, and he is frequently called upon to present on developing trends in the law at conferences throughout the country.
- In re Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation
- multidistrict litigation that alleged Chase Bank wronged consumers by offering long-term fixed-rate loans, only to later more-than-double the required loan payments. Eric led negotiations in the case, which resulted in a $100 million settlement with Chase eight weeks prior to trial.
- In re Adobe Systems Inc. Privacy Litigation
- As court-appointed lead counsel, Eric and his team reversed a long line of decisions adverse to consumers whose personal information was stolen in data breaches. Judge Koh issued a 41 page decision in plaintiffs’ favor and Eric negotiated a comprehensive reform of Adobe’s data security practices. The court’s landmark decision on Article III standing in this case marked a sea change and has been cited favorably in over twenty cases in the year since it was issued.
- In re Hyundai & Kia Fuel Econ. Litigation
- As court-appointed liaison counsel, Eric reconciled the plaintiffs’ interests and coordinated discovery and settlement negotiations. He helped finalize a nationwide settlement valued at $120 million.
- Skold v. Intel Corp.
- After more than a decade of litigation, Eric as lead counsel achieved a nationwide class action settlement on behalf of approximately 5 million consumers of Intel Pentium 4 processors. The lawsuit changed Intel’s benchmarking practices and Intel agreed to a cash settlement for the class, along with $4 million in charitable donations.
- Parkinson v. Hyundai Motor America
- Eric served as class counsel in this lawsuit alleging that the flywheel and clutch system in certain Hyundai vehicles was defective. After achieving nationwide class certification, Hyundai agreed to a settlement that provided for 50-100% reimbursements to class members for their repairs and full reimbursement for rental vehicle expenses.
- De La Cruz v. Masco Retail Cabinet Group
- Eric served as lead attorney litigating the collective claims of dozens of misclassified account representatives for overtime pay under the Fair Labor Standards Act (FLSA). Successfully certified a class of current and former Masco account representatives and personally arbitrated the case to judgment obtaining full recovery for the class.
- Providian Credit Card Cases
- Eric played a prominent role in this nationwide class action suit brought on behalf of Providian credit card holders alleging that Providian engaged in unlawful and fraudulent business practices in connection with the marketing and fee assessments for its credit cards. The Honorable Stuart Pollack approved a $105 million settlement, plus injunctive relief—one of the largest class action recoveries in the United States arising out of consumer credit card litigation.
- In Re General Motors Dex-Cool Cases
- Negotiated cash reimbursements from $50 to $800 per class member vehicle repair
||Eric Gibbs has been consistently honored as a Northern California Super Lawyer (2010-2016), as was named among the Top 100 Super Lawyers Northern California.|
|Eric Gibbs was named among the highest class of attorneys for professional ethics and legal skills with an AV-Preeminent rating by Martindale Hubbell.|
|Eric Gibbs was a finalist for Consumer Attorneys of California’s 2013 Consumer Attorney of the Year|
|Eric Gibbs was selected for inclusion in Best Lawyers Guide for Mass Tort Litigation/ Class Actions, 2012-2017|
Why Is GM’s Free Loaner Car Policy So Hard to Find? , NBC News, April 4, 2014
Acosta Merchandisers Win Conditional Cert. in OT Action, Law360, December 19, 2011
Deal in Interstate Warranty Suit Gets Initial Nod, Law 360, November 22, 2011
Ducati Riders Settle Fuel Tank Class Action, Law360, August 29, 2011
Employees Say Family Video Skimped on OT Pay, Law 360, March 16, 2011
Toyota Settles Class-Action Suit Over Prius HID Headlights, The National Law Journal, January 10, 2011
Samsung Hit with Class Action Over Faulty HDTVs, Law360, October 22, 2010
Honda Settles Class-Action Suit Over Brakes New York Times, April 6, 2010
Mercedes Bid to Decertify Tele Aid Class Denied, Law360, March 16, 2010
Toyota Prius Headlamp Troubles Could Dim Brand’s Reputation Auto Week, July 1, 2009
Laid-off Spansion employees outraged over execs’ pay increases San Jose Mercury News, February 26, 2009
Consumer Class Actions in the Wake of Daugherty v. American Honda Motor Company CAOC Forum, January/February 2009
GM settles lawsuits over engine coolant problems Reuters, March 27, 2008
Dex Cool Settlement: Interview with Eric Gibbs Lawyers and Settlements, March 27, 2008
GM settling suits over engine coolant Associated Press (via Forbes), March 26, 2008
- Co-Chair and Presenter, “Attorney’s Fees,” and “Cross Pollination: Diversifying Your Case Garden,” HB Litigation Conferences, Consumer Class Actions, May 2016.
- Presenter, “Best Practices for Class Action Settlements,” American Conference Institute Defending and Managing Class Actions Seminar, April 2016.
- Presenter, “Ethical Considerations in Class Action Settlements,” ABA National Symposium on Class Action Litigation in America, March 2016.
- Co-Chair, “Consumer Privacy and Data Breach Litigation Group Meeting,” American Association for Justice 2016 Winter Convention, February 2016.
- Co-Chair and Presenter, “Data Privacy and Litigation Conference 2016,” HB Litigation Conferences, February 2016.
- Presenter, “Lessons from Recent Automotive Industry Class Actions,” Law Seminars International, Global Auto Defect Class Action Seminar, December 2015.
- Presenter, “Volkswagen Class Action and MDL Seminar – Diesel Emissions Scandal,” Bridgeport Continuing Education, November 2015.
- Moderator, “Employment Cases from A to Z,” Consumer Attorneys of California 54th Annual Convention, November 2015.
- Presenter, “Insights and Legal Remedies in Lumber Liquidators Litigation,” HB Litigation Conferences, May 2015.
- Co-Chair, “Consumer Privacy and Data Breach Litigation Group Meeting,” American Association for Justice 2015 Winter Convention, February 2015.
- Presenter, “New and Developing Practice Areas- Riding the Wave in Pharmaceutical, Employment, Privacy and ERISA Litigation,” Consumer Attorneys of California Annual Convention, November 2014.
- Presenter, “Getting Your Settlement Approved,” Bridgeport Continuing Education 2014 Class Action Litigation & Management Conference, September 2014.
- Presenter, “Beyond the Mass Tort: Class Action Cases Arising from Big Pharmaceutical Wrongdoing,” Consumer Attorneys of California Hawaii Seminar, December 2013.
- Presenter, “When Settlement Became a Dirty Word: What To Do If You Actually Want to Settle a Case in the Ninth Circuit,” Consumer Attorneys of California Annual Convention, November 2013.
- Presenter, “Complex Fee Issues in the Class Action Settlement Process,” National Association of Legal Fee Analysis 2013 Attorney Fees Conference, October 2013.
- Presenter, “Class Certification Developments in Consumer Litigation,” American Association for Justice 2013 Annual Convention, July 2013.
- Co-Author, “Consumer Class Actions in the Wake of Daughtry v. American Honda Motor Company,” CAOC Forum Magazine, January, 2009.