Unfair Competition

  • Overview

    Unfair Competition

    GRSM has extensive experience defending claims of unfair competition, with a consistent record of success in defending complex class action consumer unfair competition matters in a wide variety of contexts, including claims of investor and consumer fraud, alleged unfair billing and collection practices, wage and hour matters, and housing rights violations, among others.

    We provide nationwide representation in consumer protection matters to companies of nearly all industries and professions, including insurance and financial services, product manufacturers, service professionals, and health care facilities. Our lawyers have recently tried to verdict or judgment cases in every substantive area of consumer law and have comprehensive experience handling legal matters regarding Business & Professions Code section 17200 et seq., the Consumer Legal Remedies Act, Truth in Lending Act violations, and other federal and state laws. In addition to the consumer versus business context, we have also both prosecuted and defended unfair competition claims in business-to-business disputes.

    Examples of our experience include:

    • Currently defending financial services and insurance companies in multi-million dollar putative class action consumer fraud and unfair competition/RICO matters

    • Currently defending agricultural chemical company in matter involving alleged mis-use of competitor's data and anti-competitive conduct

    • Prevailed on bench trial of unfair competition and Truth In Lending Act claims in putative class action with $350 million exposure

    • Obtained dismissal at pleading stage of putative class action unfair competition claim against nutraceutical manufacturer

    • Obtained summary judgment of putative class action unfair competition claim against nutraceutical manufacturer

    • Defeated class certification in multiple cases, including $50 million Telephone Communications Privacy Act case, housing rights matters, wage and hour suits, product liability cases, and others

    • Successful representation of a leading natural and organic foods retailer in FTC antitrust action

    • Represented one of the nation's largest insurance companies in a purported nationwide class action involving allegations of a customer allocation conspiracy in violation of the Sherman Act, various state antitrust statutes and RICO

    • Represented a national healthcare group purchasing organization in antitrust actions challenging bundled discounts and contracting practices alleged to be unlawful exclusive dealing

    • Represented the world's largest provider of motorsports entertainment in two multi-million dollar anti-trust suits and aided in securing a favorable settlement in the first and dismissal on summary judgment in the second

    • Obtained a defense verdict in a case in which the plaintiff, a wholesale bakery company, sued another bakery company claiming the defendant was liable for state anti-trust violations, theft of trade secrets and trade dress and unfair competition in which the plaintiff asked the jury for $30,000,000 in damages.

    • Obtained multi-million dollar settlement for one of the nation's largest public university systems, as plaintiff, in claim against large computer software developer for breach of contract, fraud, and unfair competition

    False Advertising

    We regularly counsel clients on business advertising practices. Our lawyers have successfully defended clients in numerous false advertising cases and provide counsel regarding internet and trademark usage (branding), e-commerce, breach of security (identity and data theft), privacy rights, domain name/cyber-squatting, and intellectual property infringement and misappropriation.

    We have also defended companies and employees against class action and representative lawsuits under state consumer protection and false advertising statutes and federal law (Lanham Act and Federal Trade Commission regulations).

    Our representative experience in this regard includes:

    • Successfully defeated certification of a national class action of 200,000 putative plaintiffs claiming false advertising and breach of warranty on behalf of international auto manufacturing client

    • Successful prosecution of infringement and cyber-squatting claims and recovery of MALIBU PIER trademark for California State Parks, in Los Angeles federal court

    • Defended claim of patent infringement on patent for using fiber optics over the Internet, successful mediation after claim interpretation hearing

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