Category Archives: Uncategorized

Daniel Girard will serve as an attorney panelist for this national series sponsored by the American Bar Association addressing how to promote efficiency and improve the chances for success in motion practice. The program features two panel discussions, each including local district judges, magistrate judges, and plaintiffs’ and defense counsel, discussing problems with current practices, and offering improved approaches for resolving interlocutory disputes. Mr. Girard will serve on the attorney panel alongside U.S. District Judges James Donato and Beth Labson Freeman, and U.S. Magistrate Judges Elizabeth Laporte and Sallie Kim. The panel discussions will be moderated by U.S. District Judge Jeremy Fogel, now director of the Federal Judicial Center.

Eric Gibbs, David Stein and Amy Zeman will be presenting at the upcoming Mass Tort Med School and Class Actions Conference on March 13-15th in Orlando, Florida. The conference, presented by HB Litigation Conferences, will provide a deep dive into a variety of issues of importance to practitioners, including the science and medicine of mass torts, a focus on trends and developments in current cases, the impact of the changing political climate on class and mass actions, and identifying opportunities that intersect mass torts and class actions.

Bloomberg Law Federal Contracts Report TM published an article this week on the recent dismissal of a False Claims Act Whistleblower case in which one of the company’s engineers charged Raytheon, a large defense contractor, with making false statements about the status of a $1 billion weather satellite program and concealing defects about the technology, while continuing to bill the federal government for the contract. In dismissing the False Claims Act lawsuit, the California judge called the whistleblower complaint “incomprehensible” due to a lack of clarity, grammatical errors and technical jargon.

On February 24, 2017, Girard Gibbs partner Dena Sharp will present at the 2017 Impact Fund Class Action Conference, on the subject “Class Actions Gone Wrong: How to Avoid Filing Bad Cases and What to Do When Your Good Case Goes Bad.” The panel will discuss how to anticipate potential issues and obtain the best outcome for your client or class.

On November 23, 2016, Eric Gibbs was appointed by Judge Holden of the District of Arizona to the Plantiffs’ Executive Committee in a lawsuit involving a massive data breach at Banner Health. Banner Health announced in August 2016 that a significant data breach may have exposed the personal health and other sensitive information of up to 3.7 million individuals (including patients, health plan members, providers and food/ beverage customers); it was one of the largest data breaches of 2016 based on number of individuals impacted.

A.J. de Bartolomeo and Karen Barth Menzies presented at the recent “MDL Conference,” sponsored by Harris Martin Publishing. AJ presented a summary briefing on the due process requirements of class action notice and the related proposed amendments to the Federal Rule of Civil Procedure 23. Karen’s discussion highlighted cases involving proton pump inhibitor heartburn medications, such as Nexium and Prilosec.

On July 8, 2016, Northern California Super Lawyers released its annual listing of Super Lawyers and Rising Stars, which honors “outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.” Only five percent of lawyers practicing in Northern California are selected for inclusion in Super Lawyers annually; eighteen Girard Gibbs attorneys were selected for the list.

On June 8, 2016, United States District Court Judge Josephine Staton appointed Eric Gibbs to serve as co-lead counsel in the In re: Vizio, Inc., Consumer Privacy Litigation. Attorneys from across the United States submitted applications to lead the litigation on behalf of consumers who alleged that Vizio Smart TVs track what viewers watch and match the information to customers’ IP addresses, and that Vizio sells the information about customers’ TV habits for profit. Judge Staton’s order appointed Eric and a co-lead to coordinate and oversee the litigation on behalf of the plaintiffs, and created a four-person Plaintiffs’ Steering Committee to support the efforts.