Pierce, Seth
Partner
Class Action Defense
Litigation
Legal Expertise
Complex litigation/class action defense, including consumer fraud, employment, wage and hour, intellectual property, and product liability matters.
Commercial litigation, including unfair competition/17200 litigation.
E-Discovery.
Key Professional Accomplishments
Class Action Defense and Other Complex Litigation:
* Representing international consumer electronics company in series of proposed nationwide and state-specific class actions alleging breaches of express and implied warranties, the Magnuson Moss Act, and state consumer protection statutes in connection with the sale of high definition televisions.
* Representing large, national product manufacturer in series of proposed nationwide and state-specific class actions alleging false advertising and consumer fraud in connection with the company's advertising and sale of an innovative weight loss program.
* Defended multiple major television production studios and networks in, and successfully resolved, a series of precedent-setting nationwide class actions alleging age discrimination in the hiring of television writers. Mr. Pierce was lead settlement negotiator for all of the defendants (networks, studios, and talent agencies) and insurance carriers that participated in the settlement.
* Defended and successfully resolved nationwide product liability class action seeking more than $1 billion in damages on behalf of more than 500,000 class members.
* Defended and successfully resolved California-only class action alleging breach of fiduciary duties, unjust enrichment, and statutory consumer fraud in connection with client brokerage firm’s revenue sharing agreements with various mutual fund companies.
* Successfully defended a major wireless communications provider in a nationwide class action case alleging false advertising, among other claims.
* Defended and successfully resolved multiple California-based state and nationwide class actions against a major music label alleging that certain of its music CDs improperly downloaded an anti-piracy rootkit program (when played on the consumer’s computer) that violated the consumer’s privacy rights and degraded computer system performance.
* Defended and successfully resolved, in bankruptcy proceedings, government and private claims, including 17200 private attorney general actions and class actions, against one of the nation's largest subprime mortgage lenders, alleging massive consumer fraud, false advertising and unfair competition in connection with the company's lending activities.
Commercial Litigation:
* Defended and successfully resolved federal and state false advertising and unfair competition claims instituted by a competitor, against a leading, nationwide scanner distributor in connection with its most successful product.
* Defended a production company (and certain related affiliates) against breach of contract and fraud claims brought by the executive producer of a highly successful courtroom reality show in connection with his profit participation agreement.
* Defended and successfully resolved eight lawsuits around the country alleging fraud and various state and federal securities violations in connection with a failed $400 million 144A private placement of debt securities.
* Successfully defended hard disk drive manufacturer against $400 million breach of contract and breach of warranty action arising out of the sale of hard disk drives. Named one of the National Law Journal's "Top Fifteen Defense Verdicts of 1999." Amstrad plc v. Western Digital (Orange County Superior Court).
E-Discovery:
* Advised four major television production companies on all aspects of their e-discovery and other preservation obligations – both legal and technical – in connection with precedent-setting series of class actions alleging age discrimination in the hiring of television writers.
* Advised major air cargo general services agent in connection with nationwide e-discovery and other preservation obligations related to Department of Justice grand jury subpoena (served in connection with international air cargo price fixing investigation).
* Advised hospital services company on e-discovery and other preservation obligations related to threatened employment litigation.
* Advised major retail chain on e-discovery and other preservation obligations related to nationwide class action alleging improper credit card transaction practices.
Professional, Business, and Civic Affiliations
* Board of Governors, Association of Business Trial Lawyers
Court Admissions
* California, 1996
* USDC, Central District of California, 1996
* USDC, Northern District of California, 1999
* USDC, Southern District of California, 2008
* USDC, Northern District of Texas, 2008
* USDC, Northern District of Indiana, 2010
* USDC, Northern District of Illinois, 2011
* USDC, Western District of New York, 2011
* USDC, Eastern District of Michigan, 2011
* U.S. Court of Appeals, Ninth Circuit, 2011
Education
Cornell Law School, J.D., 1996; Order of the Coif, magna cum laude
Hofstra University, B.A., 1993; magna cum laude, Phi Beta Kappa
