EXHIBIT 1 

Case: 1:20-cv-04699 Document #: 47-2 Filed: 09/08/20 Page 1 of 30 PageID #:765
9/8/2020 Phillips, Erlewine, Given & Carlin LLP Phillips, Erlewine, Given & Carlin's Clients and Representative Industries

www.phillaw.com/clients 1/2

representative

clients &

industries

Media & Entertainment

• recording artists & song writers

• music producers & production

companies

• authors, writers, & other literary

artists

• painters, graphic designers, & other

visual artists

• motion picture studios & production

companies

Business & Finance

• executives

• venture capitalists

• creditors & debtors

• investors & shareholders

• contractors

• employers & aggrieved employees

High-tech

home practice attorneys news investigations

clients contact

MESSAGEREGARDING FIRMOPERATIONS DURING COVID PANDEMIC

×

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Phillips, Erlewine, Given & Carlin's Clients and Representative Industries

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• journalists

• actors & filmmakers

• internet marketers & advertisers

• independent record labels

• talent agents

• literary & music publishers

• licensees & licensors of rights in

creative works

Insurance

• claimants & patients

• hospitals & administrators

• "first-party" insureds

• semiconductor designers &

fabricators

• mobile application developers

• tech start-ups & entrepreneurs

• patent applicants

• "smartphone" owners

• video game developers & publishers

3 9 M e s a S tr e e t, S u it e

2 0 1

T h e P r e s i d i o

S a n F r a n c i s c o , C A 9 4 1 2 9

1 9 2 5 C e n t u r y P a rk E a s t

S u it e 2 1 0 0

L o s A n g e l e s , C A 9 0 0 6 7

© 2 0 2 0 P h i l l i p s , E rl e w i n e , Gi v e n & C a rl i n L L P

P ri v a c y P o l i c y & Di s c l a i m e r

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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dmg@phillaw.com

EDUCATION

• A.B.

(French),

College of

Arts and

Sciences,

DAVID M. GIVEN

David is the managing partner and general

counsel as well as a co-founder of the firm. He

began his career with the esteemed New York

trial attorney Louis Nizer. His current practice

spans both commercial and class action

litigation as well as transactional matters, the

latter with a special emphasis on

entertainment, technology and intellectual

property law.

David has served in several leadership roles in

connection with complex class action

litigation. From 2009 to 2015, he and the firm

served as co-team leader and class counsel in

three class actions involving the overdraft fee

practices of three national banks, resulting in

IN THE

NEWS

Court

appoints

firm

partner to

leadershi

p role in

TikTok

privacy

class

action

Firm joins

class

action

over data

home practice attorneys news investigations

clients contact

MESSAGEREGARDING FIRMOPERATIONS DURING COVID PANDEMIC

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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Cornell

University

• J.D., School

of Law,

University of

Virginia

PROFESSIONAL

AFFILIATIONS

• State Bar of

California

• State Bar of

New York

• American

Bar

Association

- Section on

Litigation

- Section on

Intellectual

Property

- Forum on

Entertainme

nt & Sports

Industries

(Chair, 2000-

02)

• Bar

Association

of San

Francisco

-

Entertainme

nt and

Sports Law

Section

(Chair, 1997-

99)

cumulative settlements of over $430 million on

behalf of those banks’ customers. In 2012, David

was appointed co-lead counsel by two different

federal district court judges in class actions

involving major record labels' treatment of digital

download income in their accounting to recording

artists and other royalty participants; settlements

in those cases totaled $23 million and included

significant prospective relief in the form of an

ongoing royalty adjustment for class

members. And he and the firm served, following

their appointment by Federal District Court Judge

Jon S. Tigar, as co-lead counsel in class action

litigation against Apple and 12 of the nation’s

major application developers over the alleged

surreptitious harvesting of consumers’ contact

information from their iDevices; in March 2018,

Judge Tigar approved a $5.3 million class

settlement in the case.

David has a wide-ranging entertainment and music

law practice, encompassing both litigation and

transactional work.  Over the years, David’s clients

have included many mainstays of the Bay Area

music, film and video game industries. For over a

decade, David represented various entities

associated with filmmaker George Lucas, including

Lucasfilm Ltd. and its related video game company,

LucasArts, in a variety of transactional and

litigation matters. His experience in both

transactional and litigation matters also spans all

areas of the music industry; this includes

representing leaving band members from platinum

and multi-platinum acts as well as representing

spouses in several high-profile rock-and-roll

divorces, all of which has given him a unique

perspective on intra-band dynamics and

management. 

privacy

against

TikTok

Appellate

court

reverses

trial

court,

awards

client

costs and

attorneys’

fees

Firm files

class

action

against

Lucky

Devils

Band for

Talent

Agencies

Act

violations

Firm

moves to

certify

class of

restauran

t workers

in Charlie

Palmer

case

Case

against

makers of

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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• International

Association

of

Entertainme

nt Lawyers

PUBLISHED

DECISIONS

Samsky v. State

Farm, 37

Cal.App.5th 517

(2019)

Smith v. AMC

Networks, 129

U.S.P.Q.2d 1366

(N.D. Cal. 2019)

Opperman v.

Path, 205

F.Supp.3d 1064

(N.D. Cal. 2016)

One Media IP

Ltd. v. S.A.A.R. SrL,

122 F.Supp.3d 705

(M.D. Tenn. 2015)

Opperman v.

Path, 84 F.Supp.3d

962 (N.D. Cal.

2015)

Stewart v. ScreenGems-EMI

Music, 81

F.Supp.3d 938

(N.D. Cal. 2015)

More recently, David has been called upon to

counsel and advise individuals and estates on the

disposition of their creative property (i.e., songs,

recordings, literary material, visual art, etc.) and

royalty interests, including on the subject of

copyright reversion.  In 2018, he counseled longtime clients, rights-holders of both the hit song and

recording “Spirit in the Sky,” in the sale of those

rights to Concord Music.  He has given advice to

numerous creative artists and estates of those

artists on reclaiming rights under the copyright

termination provisions of the federal Copyright

Act.  Among other engagements, David

represented a majority of legendary musician Jerry

Garcia’s heirs, and played a central role in the

creation of the Jerry Garcia Estate LLC, which held

and managed Jerry’s creative works as well as his

name and likeness rights following the close of his

estate.  And he continues as legal counsel and

advisor to Caged Bird Legacy, the successor to the

rights and entitlements in the works of literary and

civil rights icon Dr. Maya Angelou.

For a two-year term, David served as chairman of

the American Bar Association's Forum on the

Entertainment and Sports Industries. He has been

a panelist and featured speaker at numerous

entertainment, technology and video game

industry events. In 2007, he co-chaired with

Microsoft's lead in-house copyright attorney the

LSI-sponsored Entertainment Technology Law

Summit in Seattle. That same year, the American

Bar Association chose him to present its annual

Presidential Showcase Program, "Privacy,

Copyright and Parental Control in the Age of

YouTube, MySpace and Beyond." For over a dozen

years, he was a featured speaker at the South by

Southwest Interactive/Music Conference in Austin,

Texas, on topics ranging from recent developments

FEAR THE

WALKING

DEAD

resolved

Firm

launches

copyright

/

trademar

k case for

DEAD

KENNEDY

S

Firm

closes

“Spirit in

the Sky”

sale

Firm

guides

music

publisher

in sale of

song

rights

Court

rejects

NRA's

attempt

to halt

discovery

in

copyright

dispute

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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In re Checking

Account Overdraft

Lit., MDL No. 2036,

674 F.3d 1252

(11th Cir. 2012)

USA Technologies,

Inc. v. Doe, 713

F.Supp.2d 901

(N.D. Cal. 2010)

Newton v.

Diamond, 388 F.3d

1189 (9th Cir.

2004)

Mendler v.

Winterland

Production, Ltd.,

207 F.3d 1119 (9th

Cir. 2000)

Dead Kennedys

v. Biafra, 37

F.Supp.2d 1151

and 46 F.Supp.2d

1028 (N.D. Cal.

1999)

Systems XIX, Inc. v.

Parker, 30

F.Supp.2d 1225

(N.D. Cal. 1998)

Ahern v. Scholz, 85

F.3d 774 (1st Cir.

1996)

Smith v. BIC Corp.,

869 F.2d 194 (3rd

in music industry litigation to the future of cloud

computing. 

For four consecutive spring semesters, David

lectured in law at the University of California at

Berkeley, School of Law (Boalt Hall), where he

helped develop and implement the core

curriculum for the school's entertainment law

class. David has also guest lectured at the law

schools of the University of San

Francisco, Pepperdine and Stanford University,

among others.

For 14 years David served on the board of trustees

(including as vice-chairman and chairman) of the

Blue Bear School of Music in San Francisco. A

highlight of his career remains interviewing the

inestimable Frank Zappa at his home studio in Los

Angeles for a special issue of the Entertainment

and Sports Lawyer on art and censorship.

REPRESENTATIVE MATTERS

Anonymous v. Anonymous. Settlement of just

under $9 million in a “Me Too” sexual harassment

case. The client was a foreign national working for

a foreign subsidiary of an American company. Her

supervisor, who was a foreign national but also in

the worldwide leadership group of the company,

harassed the client for months, forcing her into a

sexual relationship, and attempting to get her to

provide sexual favors to others to obtain business

for the company. The case presented complex

issues of foreign, U.S. and international law. It

settled confidentially in late 2019 after a two-day

mediation and before the filing of a lawsuit.

Firm

partner

honored

for

service at

ABA event

Partner to

speak at

Bar

Associatio

n event

Firm files

copyright

infringem

ent case

over FEAR

THE

WALKING

DEAD

Firm files

copyright

infringem

ent case

for

renowned

sculptor

against

NRA

Panel

agrees

with firm

on

location

of

Facebook

action

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Cir. 1989)

Record Club of

Amer., Inc. v.

United Artists

Records, Inc., 701

F.Supp. 71 (S.D.N.Y.

1988)

Record Club of

Amer., Inc. v.

United Artists

Records, Inc., 696

F.Supp. 940

(S.D.N.Y. 1988)

Littlejohn v. BIC

Corp., 851 F.2d

673 (3rd Cir. 1988)

In re: Checking Account Overdraft Litigation

(Multidistrict Litigation). Class action litigation

against major US banks for their overdraft fee

practices; served as co-team leader and class

counsel, obtaining over $430 million in settlement

proceeds on behalf of banks’ customers.

In re: Digital Download Litigation. Served as co-lead

counsel in two class actions against UMG/EMI and

Warner Music over the alleged systematic failure to

account properly for income derived from digital

downloads and ringtones; obtained $23 million

cumulative settlement and prospective royalty

adjustments on behalf of recording artists,

producers and others.

Opperman et al. v. Path et al. Served as co-lead

counsel in class action litigation against Apple and

a host of App Developers over the alleged

surreptitious harvesting of consumers’ contact

information; obtained $5.3 million settlement

approved by court in March 2018.

Medical Self Care v. NBC. Prevailed on summary

judgment in dispute regarding the assignment of

almost $10 million in advertising time on the NBC

television network.

Black v. Lucasfilm. Defended Lucasfilm Ltd. against

claims for $4 million in unpaid royalties to plaintiff

claiming rights to Raiders of the Lost

Ark; settlement entailed dismissal of case and no

monies paid.

Dunbar v. Gottwald. Represented songwriters for

the pop group THE RUBINOOS in lawsuit against

pop superstar AVRIL LAVIGNE and her producer

and co-writer Lukasz (“DR. LUKE”) Gottwald for

copyright infringement, alleging that the

Lavigne/Gottwald song “Girlfriend,” which was a

Firm

guides

long-time

record

label

client in

sale of

assets

Federal

court

approves

class

settlemen

t in data

privacy

case

Firm

launches

wage and

hour case

against

the

Charlie

Palmer

Group

Firm

concludes

successful

infringem

ent

defense

of

Supreme

Firm

launches

data

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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No. 1 worldwide hit song for much of 2007,

infringed on The Rubinoos’ 1979 hit song “I Wanna

Be Your Boyfriend."

Mendler v. Winterland Productions. Defended

legendary music merchandiser in copyright dispute

with photographer. 

Watts v. Watts. Defended daughters of

philosopher/writer Alan Watts in arbitration

against claims by disinherited siblings involving

rights to Watts's literary works, resulting in award

of attorneys' fees and costs. 

Doobie Brothers v. Curcio. Represented the

renowned classic rock band THE DOOBIE

BROTHERS in suit against promoter and three

former members to prevent them from touring

and promoting themselves as the "Original"

Doobie Brothers; obtained a Preliminary

Injunction, an order holding Defendants in

contempt of the injunction, and a judgment in

excess of $1 million, upheld on appeal by the 11th

Circuit. 

Dead Kennedys v. Jello Biafra. Represented the

legendary punk rock band DEAD KENNEDYS,

achieving "complete victory" in case against band's

former front man, Jello Biafra.

Carolyn Garcia v. Estate of Garcia. Represented

Carolyn "Mountain Girl" Garcia, ex-wife of the late

Jerry Garcia, in lawsuit against Jerry's estate to

enforce a property settlement agreement entered

into by the late musician and his former

wife; following two-week, nationally-televised trial,

court awarded Ms. Garcia attorneys' fees and the

right to the remainder of the dissolution

agreement, totaling more than $4.5 million.

breach

class

action

against

Equifax

Firm

launches

breach of

contract

and fraud

action

against

PopSugar

and

Ebates

Appellate

court

sides with

firm

client

FAITH NO

MORE in

antiSLAPP

spat

Firm

partner

confirme

d to speak

at South

by

Southwes

t music

conferenc

e

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SELECTED PUBLICATIONS

"US copyright termination: re-monetizations final

frontier," Journal of Intellectual Property Law &

Practice, 2016, Vol. 11, No. 11: 826-832.

"U.S. Copyright Termination: Remonetization's Final

Frontier," in The Monetization of the Global Music

Business Ch. 3.5 at 292 (Marcelo Goyanes &

William Lewis eds., 2016). 

"Music in the Cloud -- A Business and Legal

Primer," Entertainment and Sports Lawyer (Winter

2012).

"Clash of the Titans: Viacom v. YouTube," Daily

Journal (January 25, 2010).

 "A Modern Pandora's Box: Music, the Internet and

the Dilemma of Clearing Public Performance

Rights," Entertainment and Sports Lawyer (Fall

2008).

"Online Music Comparisons, A Practical

Guide," Entertainment and Sports Lawyer (Fall

2000).

First Amendment Protection for Trademark Use,

Practicing Law Institute (1998).

Review of Law and Business of the Entertainment

Industries (Third Edition), Entertainment and

Sports Lawyer (Spring 1996).

"Plus Ca Change, Plus C'est La Meme Chose":

European Coproduction Remains Viable, For

Now," Entertainment and Sports Lawyer (Fall

1995).

Firm to

defend

DEAD

KENNEDY

S in

copyright

infringem

ent

dispute

Oxford

University

journal

publishes

partner’s

article on

copyright

terminati

on

Firm

successful

ly defends

former

BOSTON

guitarist

in

trademar

k

infringem

ent trial

Court

certifies

class

against

Path,

Apple, for

damages

in

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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SELECTED SPEAKING ENGAGEMENTS

Recent Developments in Music Copyright Law.

Intellectual Property Section of the Bar Association

of San Francisco and the Copyright Society of the

U.S. (September 12, 2018; San Francisco, California)

Death, Taxes and Legacy Management. SXSW

Conference and Festival (March 17, 2017; Austin,

Texas) 

Monetisation of the Global Music Business - From

Creators to Major Industry.  MIDEM Conference.

 (June 4, 2016; Cannes, France)

Workshop on Copyright Termination of Transfer.

Berkeley Center for Law & Technology (October 30,

2015; UC Berkeley Law)

Issues and Case Law Updates in Entertainment

Litigation. 6th Annual International Legal

Symposium on the World of Music, Film, Television,

and Sports (April 23, 2015; Miami, Florida)

Copyright Policy, Creativity, and Innovation in the

Digital Economy. Department of Commerce

Internet Policy Task Force Green Paper Roundtable

on Remix, Sampling, and Mashups (July 30, 2014;

UC Berkeley Law)

Actions, Reactions and Class Actions: Music

Business Litigation. SXSW Conference and Festival

(2014; Austin, Texas)

Fast Forward! Protecting and Selling Music in the

Digital Age. Berkeley Center for Law &

invasion

of privacy

case

Partner

gives

paper on

copyright

terminati

on at

internatio

nal music

conferenc

e

Judge

rejects

attempt

to keep

internal

Apple,

Path

document

s secret

Court

sends

copyright

tourist

packing

MORE

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP Attorney David M. Given

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Technology, California Lawyers Association, and

Sports and Entertainment Law Society of Berkeley

Law (January 2013; UC Berkeley Law)

Run for Cover: The Future of Cloud

Commerce. SXSW Conference and Festival (2012;

Austin, Texas)

The Impact of Recent Big Music Cases. SXSW

Conference and Festival (2011; Austin, Texas)

Is Copyright Law Harming or Helping the Music

Industry? Northern California Chapter of the

Copyright Society of the U.S.A. (February 21, 2011)

Clash of the Titans: Viacom v. YouTube -- Will

Copyright Law Undo Google's Internet

Juggernaut? American Bar Association Forum on

the Entertainment and Sports Industries (August 6,

2010; San Francisco, CA)

Recent Developments in Digital Copyright

Litigation. Bar Association of San Francisco

(November 20, 2008)

The Ongoing Transformation of the Music

Business: Lessons from the History of New

Approaches for Online Distribution and Industry

Responses to New Technologies and

Players. Entertainment Technology Law Summit

(August 16-17, 2007; Seattle, Washington)

3 9 M e s a S tr e e t, S u it e

2 0 1

T h e P r e s i d i o

S a n F r a n c i s c o , C A 9 4 1 2 9

1 9 2 5 C e n t u r y P a rk E a s t

S u it e 2 1 0 0

L o s A n g e l e s , C A 9 0 0 6 7

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© 2 0 2 0 P h i l l i p s , E rl e w i n e , Gi v e n & C a rl i n L L P

P ri v a c y P o l i c y & Di s c l a i m e r

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EXHIBIT 2 

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP iDevice Privacy Class Action against Apple, et al. News

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iDevice privacy class

action

Federal court approves class settlement indataprivacy

case

March 27, 2018 – Federal district court judge Jon S. Tigar today

granted final approval of the class action settlement reached in the

firm’s breach of privacy case against a range of mobile application

developers (including Twitter, Instagram and Yelp!) and Apple, Inc. 

Following hotly-contested litigation, including a successful class

certification effort led by firm partner David Given, Judge Tigar

preliminarily approved the $5.3 million settlement in July 2017. 

Today’s order marks the beginning of the end of the case, which

began in March 2012 after reporting in the New York Times about

private contact data being removed from iDevices without users’

knowledge or consent.  Approximately 60,000 class members who

made claims will share in the common fund.  “As Judge Tigar’s

Search

Summary

Plaintiffs, led by

PEG&C and

lawyers with Kerr

& Wagstaffe LLP,

are prosecuting a

class action

lawsuit against

Apple and a host

of mobile

application

developers

(including Path,

Foursquare,

home practice attorneys news investigations

clients contact

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP iDevice Privacy Class Action against Apple, et al. News

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order recognizes, this is an excellent result for the class,” Mr. Given

said. “Moreover, the case produced four published decisions,” Mr.

Given continued, “clarifying consumers’ rights to control their

personal data and establishing a basis to pursue legal claims

classwide when technology companies take or misuse that data.”  A

final judgment in the case is expected soon.

Court will approve $5.3millionclass settlement indata

breachcase

December 14, 2017 – Federal district court judge Jon S. Tigar

indicated from the bench today that he will grant final approval to

the $5.3 million settlement made on behalf of 13 named plaintiffs

in their long-running breach of privacy case against eight mobile

application developers and Apple, Inc.  The settling app developers

– Foodspotting, Foursquare, Gowalla, Instagram, Kik, Path, Twitter,

and Yelp – have already deposited $5.3 million earmarked, net of

costs and fees, to pay the approximately 60,000 class members

making claims.  Partner David Given, who led the firm’s effort on

behalf of the class, cited plaintiffs’ success in this complex and

evolving area of the law in support of the settlement. "The case

resulted in four reported decisions,” Mr. Given said, “clarifying

consumers’ rights and establishing a basis for class certification of

personal device users for data privacy breaches by app developers

and device manufacturers.”  An order and final judgment (there

were no objectors to the settlement) is expected soon.

Court grantspreliminary approvalof settlement indata

privacy class action

July 6, 2017 – Federal district court judge Jon S. Tigar today

granted the firm’s motion for preliminary approval of a proposed

class action settlement made on behalf of several named plaintiffs

in their long-running breach of privacy case against eight mobile

application developers and Apple, Inc.  Led by firm partner David

Given, the settlement agreement is the product of several years of

extensive discovery and vigorous negotiations.  The settling app

developers – Foodspotting, Foursquare, Gowalla, Instagram, Kik,

Path, Twitter, and Yelp – will pay $5.3 million to establish a nonreversionary common fund for class members, who consist of

anyone in the U.S. who activated the applicable versions of the

apps on their Apple devices during the relevant time period.

 Plaintiffs’ case against Apple for misrepresentation and false

Twitter, Yelp,

Instagram and

others) for those

companies' piracy

of private

consumer data,

including address

book data.

The complaint,

which follows

national reporting

of the companies'

practice from

February of 2012,

alleges that these

developers

surreptitiously

uploaded users'

contact book

information

without notice to

and consent from

users, and that

Apple knowingly

facilitated these

invasions of

privacy by selling

or otherwise

distributing the

offending

applications

through its App

Store. 

More

• 2019

• 2018

• 2017

• 2016

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9/8/2020 Phillips, Erlewine, Given & Carlin LLP iDevice Privacy Class Action against Apple, et al. News

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advertising in connection with its security and privacy promises

relating to iDevices remains ongoing; Judge Tigar heard and took

under submission a motion for certification of that class, and an

order is expected soon.  A hearing for final approval of the app

developer settlement is set for December 14, 2017 at 2:00 p.m. For

more information about the settlement and the claims

process, click here.

Plaintiffs reply toApple,urge class certification

May 5, 2017 – Plaintiffs filed papers today replying to App Store

proprietor Apple, urging that their claims of false advertising be

certified for class treatment on behalf of several million consumers

nationwide who bought various versions of the iPhone and iPad

whose operating systems allowed the surreptitious upload of

address book data from those users’ iDevices.  Plaintiffs contend

that Apple’s insistent messaging of concern for users’ “privacy” and

“security” in their personal contact data was false, that its products

were tainted, and that consumers were misled and as a result

overpaid for those devices.  Federal district court judge Jon S. Tigar

has set a May 31st hearing on the matter.

Court willhear class certificationmotionagainstApple for

false advertising claim

March 8, 2017 – Federal district court judge Jon S. Tigar today

ordered Apple, Inc., to respond to the motion against it, first made

in August of last year, seeking to certify a class of iDevice users who

overpaid for Apple products as a result of Apple’s allegedly false

and deceptive assurances to consumers of security and privacy in

the personal data they stored on those devices.  The case against

Apple arose in the context of widespread data harvesting from

iDevices by several technology companies developing apps for

Apple devices like the iPhone and iPad.  (The parties in that case

recently announced a settlement of those claims.  A motion to

approve that settlement and to begin the process of notice to the

class is expected shortly.)  Tens of millions of Apple consumers are

potentially covered by the proposed class.  Judge Tigar has set a

hearing on the matter for May 31st at 9:30 a.m.  The firm serves as

co-lead counsel in the case.  For more information about the case,

click here.

• 2015

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Apple fails toupset class certificationininvasionofprivacy

case

October 20, 2016 – The Ninth Circuit Court of Appeals denied today

Apple’s bid for review of an order granting class certification in the

firm's long-running data privacy case against it over the alleged

surreptitious harvesting of iDevice users' address book data. The

firm opposed Apple's petition to the Ninth Circuit, arguing that the

trial court's decision to certify a nationwide class of almost half a

million iDevice users who downloaded the Path app (triggering the

automatic upload of vast quantities of private address book data to

Path's servers) was legally sound. The Circuit Court's decision is a

triumph for the firm, clearing the way for the case to proceed to

trial against Path and Apple. The firm has pending a similar class

certification motion against five other app developers, including

Instagram, Twitter and Yelp, for classes ranging from 800,000 to

potentially 8.5 million iDevice users. Further developments in the

case are expected shortly. 

Firmturnsback Yelp’s attempt todismissprivacy invasion

claim

September 9, 2016 – Federal district court judge Jon S. Tigar issued

a 21-page order today denying Yelp’s motion for summary

judgment in the firm’s wide-ranging class action challenging the

conduct by Yelp, Apple and various developers of applications for

Apple devices over the surreptitious and improper upload of

address book data from consumers’ iDevices. Judge Tigar rejected

Yelp’s argument that class members gave consent to their address

book data being accessed and uploaded as a matter of law,

agreeing with the firm that there was a material factual dispute as

to whether Yelp got effective consent to upload users’ address book

data to its servers.  Judge Tigar also agreed that the evidence the

firm adduced in opposition to Yelp’s motion presented a triable

issue of fact both as to whether users of Yelp’s “Find Friends”

function had an objectively reasonable expectation that their

address book data would remain on their phone and whether

Yelp’s unauthorized uploading of contacts was highly offensive to a

reasonable person.  Judge Tigar’s decision sets the stage for a trial

on the merits of these and other similar class claims against Apple

and the rest of the app developer defendants.  The court has set a

further case management conference in the matter for Sept. 22nd. 

Plaintiffs’ omnibus motion for class certification against Apple and

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five of the remaining app developer defendants is pending; the

court previously certified one such class against Apple and app

developer Path in July.

Firmmoves for class certificationagainst Instagram,

Apple,others indataprivacy case

August 23, 2016 – Following the decision last month of Federal

District Court Judge Jon S. Tigar certifying a class of approximately

480,000 users of the Path mobile app, the firm moved today in its

capacity as interim co-lead counsel to certify similar classes of

iDevice owners of certain other mobile apps downloaded from the

Apple App Store before Feb. 2012.  These apps include versions

offered by Foursquare, Instagram, Kik, Twitter and Yelp that

plaintiffs contend surreptitiously uploaded private address book

data from their iDevices.  The iDevice owners impacted by this

practice could exceed 10 million in number.  At the same time, the

firm moved against Apple to certify a class of iDevice owners

plaintiffs say were deceived in their purchases of Apple products by

promises of privacy and security when, in fact, those products

suffered from known vulnerabilities exposing private address book

data to invasion and theft.  The court has set both motions for a

November 15th hearing.  

Court certifies class againstPath,Apple,fordamages in

invasionofprivacy case

July 15, 2016 – Federal District Court Judge Jon S. Tigar issued a 28-

page order today certifying a class consisting of approximately

480,000 users of the Path mobile app who had their address book

data uploaded from their iDevices between Nov. 2011 and Feb.

2012 without their knowledge or consent. Plaintiffs Lauren Carter,

Stephanie Cooley and Jason Green will serve as class

representatives for claims of invasion of privacy against Path and

of aiding and abetting that privacy invasion against Apple arising

from the surreptitious taking of their and other class members'

personal address book data. Judge Tigar accepted the firm's

arguments that class members had enough in common that their

claims for nominal and punitive damages should be permitted to

proceed on a class-wide basis. Judge Tigar's order appointed the

firm class counsel and set an Aug. 16th hearing to determine a

schedule for the remainder of the case through trial. 

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Plaintiffs reply toPath,Apple,urge class certification

May 5, 2016 – Plaintiffs filed papers today replying to app

developer Path and app distributor Apple, urging that their claims

of breach of privacy against Path and Apple be certified for class

treatment on behalf of approximately 480,000 iDevice users who

downloaded or installed versions of the Path app that

surreptitiously uploaded address book data from those users’

iDevices.  Installation of that app on those users’ iDevices resulted

in the uploading of over 662 million pieces of information which

Path held on a database and, the lawsuit contends, intended to use

for data-mining, among other things.  The court has set a June 14th

hearing to consider the class certification of plaintiffs’ claims.

Judge turnsdownApple’s request forusers’iPhonedata

March 4, 2016 – In a brief two-page order issued today, Federal

District Court Judge Jon S. Tigar sided with the firm’s clients and

rejected Apple’s efforts to invade Plaintiffs’ iDevice data in a farreaching class action against it involving the alleged surreptitious

uploading of address book data by several highly-popular mobile

apps available on the Apple App Store.  Apple had sought

production of the contacts data from Plaintiffs’ iDevices as well as

certain other data files, telling Judge Tigar in its supporting legal

memorandum that nothing showed this data “to be highly

sensitive, or indeed, private at all” and that there is “no colorable

argument for why such data could be considered private.”  This

filing comes as Apple is engaged in what the U.S. Department of

Justice has termed a massive public relations campaign to burnish

its privacy “brand” to defeat the federal government’s own effort to

crack the iPhone belonging to one of the terrorists responsible for

killing 12 people in San Bernardino late last Fall.  In the last several

weeks, in two different federal courts, in a multitude of statements

and press releases and in sworn testimony before the U.S.

Congress, Apple has professed its dedication to user privacy and

the treatment of the data it seeks here as personal and private – a

message leading one federal judge to accept the proposition that

he should “take into account the extent to which the compromise

of privacy and data security that Apple promises its customers

affects not only its financial bottom line, but also its decisions

about the kind of corporation it aspires to be.”  Apple’s appeal to

Judge Tigar comes on the heels of a coordinated investigation by

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Apple and its lawyers into Plaintiffs’ personal and social media life,

following the first class certification motion in the matter, and

leading to several exceedingly awkward moments in deposition. 

Judge rejects attempt tokeepinternalApple,Path

documents secret

February 11, 2016 – Sealed materials Apple and Path sought to

keep secret are set to be released to the public per a court order

entered today by Federal District Court Judge Jon S. Tigar.  In a

short five-page decision, Judge Tigar found that neither party made

the showing necessary to keep certain internal documents –

 including communications among Apple personnel about the

functionality of apps sold on the iTunes App Store – out of the

public record in the ongoing case against these two companies and

other app developers over their policies and practices in the

uploading and harvesting of address book data from

users' iDevices. Judge Tigar also declined to redact portions of

plaintiffs' memorandum in support of their class certification

motion against Apple and Path.  Firm partner David Given argued

that the effort by Apple and Path to foist these redactions on that

document was a naked attempt to sanitize the public record, and

opposed it in related papers filed with the court. 

Judge rejects furtherdelay, resets class certification

motionagainstApple,Path

January 6, 2016 – Following a lengthy case management

conference, Federal District Court Judge Jon S. Tigar agreed with

the firm and issued an order today resetting the class certification

motion against defendants Apple, Inc. and Path, Inc., in a wideranging breach of privacy case against these two companies and 10

other software developers over the alleged surreptitious upload of

address book data from users’ iDevices.  Judge Tigar will now hear

that motion in early April.  Defendants sought to delay that hearing

on various procedural grounds.  Partner David Given made the

case that time was of the essence for the over 480,000 iDevice

users who downloaded the Path app and had their address book

data taken without permission.  Until recently, the lawsuit was

mired in a series of motions by defendants delaying class

proceedings in the case by over three years.  If Judge Tigar’s

comments were any indication, the case may now proceed in an

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expedited fashion with additional class certification motions

against other app developers expected later this year.

Firmmoves for class certificationagainstApple,Pathin

breachofprivacy case

November 12, 2015 – Plaintiffs Jason Green, Stephanie Cooley and

Lauren Carter today moved on their own and on behalf of a group

of iDevice users for certification of a class of approximately 480,000

users on their claim against app developer Path for invasion of

privacy and against Apple for aiding and abetting same.  Plaintiffs’

claims arise from technology built into several versions of the iOS

mobile Path app which, upon activation, uploaded users’ address

book data without notice.  Today’s motion follows a Oct. 8th court

order directing Path to produce both its CEO, Dave Morin, and its

CTO, Nathan Folkman, for a sworn deposition.  Those depositions

are pending.  The court has set the hearing on plaintiffs’ class

certification motion for Dec. 17th.

Court againsides withplaintiffs inprivacy class action

againstApple, appdevelopers

March 23, 2015 – Federal District Court Judge Jon S. Tigar today

issued a 34-page decision upholding claims against Apple and a

dozen of the country’s largest application developers for violations

of law in connection with the practice of uploading address book

data from users’ iDevices without the users’ authorization or

consent.  Today’s order is the third in which Judge Tigar has upheld

plaintiffs’ class claims in the case (in which the court appointed the

firm lead counsel in Oct. 2013) against defendants’ almost threeyear long legal assault.  In today’s order, the court found that

plaintiffs adequately stated an “extensive” and, allegedly, false and

misleading advertising campaign aimed at convincing the public

that Apple’s personal computer devices were (and are) “secure and

include comprehensive consumer-privacy protections.”  The court

also sustained, as it did before, plaintiffs’ invasion of privacy claims

against both the app developers and Apple despite several lines of

legal attack, including that the federal Copyright Act preempted

those claims in their entirety.  Defendants now have 14 days to

answer plaintiffs’ consolidated complaint, after which the case will

proceed to the pre-trial discovery stage.

Amendedcomplaint sharpens focus inprivacy case against

Apple andappdevelopers

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June 27, 2014 – The firm today filed an amended complaint on

behalf of plaintiffs in the class action case against Apple and a

dozen of the App Store’s largest app developers (including, among

others, Electronic Arts and Twitter) asserting breaches of privacy

relating to the unauthorized uploading of address book data from

consumers’ iDevices.  The amended complaint comes in response

to the 55-page decision of Federal District Court Judge Jon S. Tigar

on defendants’ various motions to dismiss plaintiffs’ claims in their

entirety.  Issued in May, that decision granted in part and denied in

part those motions.  The amended complaint serves to address

concerns raised in Judge Tigar’s decision with plaintiffs’ prior

pleadings, while keeping intact claims the court said could proceed,

some subject to additional factual detail.  Judge Tigar appointed the

firm interim co-lead counsel in the case last October.

Court appoints firmleadcounselinprivacy case against

Apple andothers

October 22, 2013 – In an order issued today, Federal District Judge

Jon Tigar has appointed PE&G (along with its co-counsel) lead

attorneys in a wide-ranging class action involving Apple and many

of the tech industry's largest application developers over the widespread practice of uploading consumers' address book data from

iDevices without consumers' authorization or consent. The practice

came to light following reporting in the New York Times and other

major news publications in February of last year, and led to one

app developer's civil prosecution by the Federal Trade Commission.

The case has survived multiple attacks by Apple and the other

defendants; those defendants' third round of motions to dismiss

the class plaintiffs' consolidated amended complaint are set to be

heard by Judge Tigar in January.

Court allowsprivacy case toproceedagainstApple, sets

date for consolidatedcomplaint

August 5, 2013 – Federal District Judge Jon Tigar has ruled against

Apple Inc. in a case over the uploading of private address book

data from iDevice users’ phones and tablets without their

knowledge or consent.  In his 17-page order issued today, Judge

Tigar sustained everyone but one of the claims made against Apple

from legal attack, allowing the case to proceed to the discovery

stage, where information will be sought about Apple’s policies and

practices.  In earlier related proceedings, Judge Tigar allowed a

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consolidated amended complaint to be filed in four cases brought

over the same issues and asserting substantially the same claims

against Apple and 14 of the largest application developers,

including Facebook, Path and Foursquare.  PE&G is helping to lead

the plaintiffs’ effort against Apple and these app developers in the

case.  Judge Tigar has ordered the consolidated amended

complaint to be filed on or before Sept. 3rd.

Firmjoins class actionoverdataprivacy againstApple, app

developers

March 22, 2013 – PE&G attorneys David Given and Nick Carlin have

joined a team of lawyers who have brought a class case against

Apple and certain developers of consumer applications made

available on the App Store over users' privacy rights in their digital

data. The core allegation of the complaint is that the apps in

question pirated private user information, including address book

data, from the user's iDevice by surreptitiously uploading that

information without notice to the user and without the user's

consent. The federal government recently prosecuted its own

case against one such developer, Path, also named in the class

action, over the same conduct. That case resulted in a consent

order which included a permanent injunction together with civil

penalties of $800,000. The class case was recently transferred to

the San Francisco federal court, where one judge in another similar

case has already sustained most of the claims against Path. The

case is set for its first hearing before Federal District Judge Jon Tigar

on April 4th.

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Our profession's highest calling is to do justice. We strive to meet that calling every day in

our law firm's litigation and trial practice. That practice is national in scope, and we

consider it a privilege to represent each of our clients in every matter in which we are

engaged. Our values include dignity, responsibility, restraint and respect in and for the

practice and rule of law. The firm's principals are seasoned, AV-rated "Preeminent" lawyers

who, over the 25 years they have practiced law together, have maintained a successful

record in a range of legal matters. We're proud of our legacy. LESS.

While we represent clients in a variety of situations, our legal practice focuses primarily on

the following three areas: 

IntellectualProperty & Entertainment Law

The firm has a robust and nationally-recognized practice in intellectual property law, with

deep roots in the entertainment and technology industries. Over the years, the firm has

served as counsel in a number of high-profile intellectual property and entertainment law

cases. The firm's attorneys have represented many mainstays of the Bay Area music scene,

including Green Day, The Doobie Brothers, Dead Kennedys, Jerry Garcia, John Lee

Hooker, Vince Guaraldi, Erik Jacobsen, Faith No More, Narada Michael Walden, Mark

home practice attorneys news investigations

clients contact

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Kozelek, Rancid, Cake, and The Brian Jonestown Massacre, as well as those in the literary

publishing (Maya Angelou), visual arts (Anish Kapoor), video game (Sony/Playstation),

merchandising (Live Nation Merchandising), theatre (American Musical Theatre of San Jose)

and film (Lucasfilm) industries. The firm is also closely involved with clients in managing

their intellectual property. While this can mean bringing suit when a client's trademark,

copyright or right of publicity or privacy has been violated, or when monies are owed a

royalty participant, it also includes advising clients on a range of related legal issues such as

digital rights management and licensing, online distribution of entertainment-related

content, and copyright and trademark law.

Employment & Labor

The firm prosecutes employment disputes in state and federal courts and before

government agencies touching virtually every aspect of the employer/employee

relationship. These include wage and hour claims (including class actions and PAGA claims),

in which the firm has succeeded in collecting over $20 million in back wages and penalties

on employees’ behalf. It also includes race, age, gender, pregnancy and religious

discrimination claims, harassment and retaliation claims, claims under the Americans With

Disabilities Act and the Family Medical Leave Act, wrongful discharge, whistleblower,

defamation, unfair competition and trade secret claims. The firm has achieved multiple

seven-figure verdicts and settlements on behalf of executives (including CEOs) and other

employees. These include several “Me Too” cases involving allegations of sexual harassment

and assault.  The firm has had particular success in trade secret cases involving the

employment relationship in both seeking and avoiding early stage motions for preliminary

injunctive relief. (The outcome of such motions frequently resolves the case in favor of the

prevailing party on such motions.) The firm also has expertise in representing

entrepreneurs and executives in connection with negotiating compensation packages and

in their relationships with their employers and investors.

ConsumerProtection & ClassAction

The firm is committed to the pursuit of justice on a collective basis, and has had several

important victories in the class action field. In Nov. 2011, a federal court judge in Miami

granted final approval of a $410 million settlement on the claims made by the firm on

behalf of customers of Bank of America over that bank's overdraft fee practices.  Partners

David Given and Nick Carlin were later honored as "Consumer Attorneys of the Year"

finalists by the Consumer Attorneys of California for their work on the case. (The firm

played a role in settling similar litigation against Bank of the West and M&T Bank for $18

million and $4 million, respectively.)  In Feb. 2013, a state court judge in San Francisco gave

final approval to a settlement the firm helped conclude with the City of San Francisco on

behalf of emergency room patients unlawfully "balanced billed" by San Francisco General

Hospital, resulting in a 100 cents on the dollar recovery for those patients. In Sept. 2015,

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the firm launched the first in a series of cases against The Honest Company alleging

deceptive advertising in connection with that company's “all natural” products, and partner

Nick Carlin, who was named interim co-lead counsel in a consolidated court proceeding in

the matter, led the effort to beat back Honest’s legal attack on the class claims; a federal

judge in New York granted final approval to a $7.35 million settlement of those claims.  In

April 2016, a federal judge gave final approval to the second of two settlements together

totaling $23 million that the firm helped conclude as court-appointed lead counsel in two

different class actions against Warner Music Group and Universal Music Group involving

the accounting for income from digital downloads of recorded music. In March 2018,

following success against multiple legal attacks as well as on the first class certification

motion in the case, federal district court judge Jon S. Tigar granted final approval to a $5.3

million settlement of breach of privacy claims against several app defendants and Apple in

connection with the unauthorized collection of users’ data from iDevices.  In April 2019, the

firm filed the first class action on record under California’s Talent Agencies Act against the

International Musicians League, doing business as the Lucky Devils Band, for acting as an

unlicensed talent agent in booking musicians for live performances; the case received cover

story treatment in the SF Weekly.  In December 2019, the firm filed a $2.5 billion class

action complaint against Pacific Gas & Electric on behalf of customers who incurred losses

as a result of PG&E’s planned power outages. And in May 2020, the firm joined in a data

privacy class action against app maker TikTok; in July 2020, following consolidation of

several other similar class actions, federal district court judge Lucy H. Koh appointed firm

partner David Given a member of the Plaintiffs’ Executive Committee established by her to

run the case.

For more about our firm’s law practice, click here. For news about our firm and its

attorneys and legal matters, click here. For professional and biographical information about

our attorneys, click here.

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Class Action

Intellectual

Property

Commercial

Employment &

Labor

Entertainment

Personal Injury

Here are some examples of our

work in this area:

Plaintiff's Supplemental

Opposition to Uber's Motion

to Compel Arbitration

Consumer Class Actions

The firm litigates on behalf of consumers,

protecting their rights in fields such as health care,

banking, and privacy rights. Our partners have

previously been selected by the Consumer

Attorneys of California as “Consumer Attorney of

the Year” finalists for their work in this area.

Artist Class Actions

Our attorneys have experience battling large music

concerns such as Universal Music Group and

Warner Music Group on behalf of artists seeking

proper compensation for their work.

Employee Class Actions

The firm handles class-wide employee wage and

hour claims against employers who abuse

employee rights, including access to or

home practice attorneys news investigations

clients contact

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DCH Tech Workers' Motion

for Final Approval of Class

Action Settlement

Plaintiffs' Motion for Class

Certification Re Path App

Honest Company Class

Action Plaintiffs' Complaint

Warner Music Group

Plaintiffs' Motion for Final

Approval of Class Action

Settlement

compensation for meal and rest breaks and

overtime payment.

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