Represented Ticketmaster in a putative nationwide class action by ticket resellers who utilized Ticketmaster’s transaction platform to resell event and concert tickets in Canada. The plaintiffs alleged that Ticketmaster acted unlawfully by paying them in Canadian rather than U.S. dollars, and pocketed profits resulting from the currency conversion. Willenken filed a motion to compel arbitration
December 12, 2017
Represented The Nature’s Bounty Co. and its sports nutrition subsidiary, MET-Rx, in a trademark dispute with Monster Energy Company. Willenken defended MET-RX’s award-winning marketing campaign “Love the Monster,” encouraging athletes to embrace their inner “monster,” against a trademark infringement action brought by Monster Energy Company. Our team resolved the case on favorable terms to our
February 16, 2017
Defeated a putative class action alleging that Harbor Freight Tools violated the Song-Beverly Credit Card Act by requesting personal identification information during credit card purchases. The court was persuaded by Harbor Freight Tools’ interpretation of the Song-Beverly Credit Card Act, and denied certification.
August 2, 2016
Prevailed against the odds on behalf of Ticketmaster on a motion to compel individual arbitration in a consumer putative class action about Ticketmaster’s terms of service. The plaintiffs alleged Ticketmaster acquired their personally identifiable information in violation of the Song-Beverly Credit Card Act in connection with the online purchase of tickets intended to be picked
September 12, 2015
Obtained summary judgment in a nationwide consumer class action on behalf of NBTY, Inc., the country’s largest source of dietary supplements, and two of its subsidiaries. The plaintiffs alleged NBTY, Inc. falsely advertised L-Arginine supplements. They asserted claims for violations of California’s Unfair Competition Law (UCL) and False Advertising Law (FAL) (Business & Professions Code§§
March 12, 2015
In a class action lawsuit alleging violation of the Song-Beverly Credit Card Act, filed a demurrer on behalf of Jinon Corporation which was sustained with prejudice. The trial court’s opinion was later affirmed on appeal before the California Court of Appeal.
January 13, 2015
Defended Ticketmaster in a Song-Beverly Credit Card class action lawsuit. The firm secured judgment on the pleadings in Ticketmaster’s favor without leave to amend in a Song-Beverly Credit Card Act class action case, which was named one of the “Top Defense Verdicts of 2014” in California by Daily Journal.
July 12, 2014
Represented Microsoft in a putative consumer class action alleging violation of the Song-Beverly Credit Card Act. On behalf of Microsoft, the firm defeated class certification in a putative consumer class action alleging violation of the Song-Beverly Credit Card Act based upon the alleged illegal collection of personally identifiable information from consumers in brick-and-mortar stores—even in
July 12, 2014
Defended Microsoft in a class action lawsuit alleging Microsoft violated the Song-Beverly Credit Card Act. The plaintiff alleged Microsoft violated the Song-Beverly Credit Card Act, §1747.08 et seq. when it requested his personal identification information during the course of an online transaction. Willenken achieved dismissal of the matter at the pleading stage.
October 1, 2013
Defended Procter & Gamble (“P&G”) in a putative class action, in which the plaintiff alleged product liability, warranty, and violation of the Consumer Legal Remedies Act. After eliciting significant admissions from the plaintiff and key witnesses at depositions, the plaintiff agreed to an individual settlement on terms very favorable to P&G.
March 1, 2012
