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Has Experience To Bring Class Actions Suits That Foster Needed Changes

Nationally Recognized Los Angeles Complex Business Litigation Attorneys

Best Lawyers Best Law Firms U. S. News & World Report 2014

Bar Hopping
Global Competition Review
A discussion of US law firms' interest in London for cartel damage recovery actions

The Visa and Mastercard Interchange Fee Case
Global Competition Review
Q&A with Keith Butler

Competition Law Damage Recovery Actions:
A Status Report on Europe and the United Kingdom

By: Brian R. Strange, Keith Butler and John Ceglia

Privacy: Is it legal "tracking" or an illegal wiretap?
By: David A. Holop, Brian R. Strange and Jennifer Lin

Published in July 2012

Into the BREACH
Plaintiffs have been increasingly
successful in gaining injunctive relief
for online security breaches

by: Carolyn A. Deverich, Brian R. Strange and David A. Holop

TAKING ON HIGH STAKES BUSINESS LITIGATION

The law firm of Strange & Carpenter has handled complex business litigation, including class actions, for more than twenty-five years. As a boutique complex litigation firm, we represent clients in federal and state courts across the country and beyond. Our firm represents corporate, small business, and individual clients who have been damaged by anticompetitive conduct, unfair business practices, false advertising, and other instances of business and consumer fraud and wrongdoing. Our track record of success in resolving these cases has earned our firm a national reputation for excellence, and given us the substantial resources needed to litigate the largest and most complex cases facing clients today.

We are committed to achieving justice and fairness and to rectifying misconduct wherever it is found. To that end, our highly qualified Los Angeles complex litigation lawyers have obtained hundreds of millions of dollars in settlements for our clients.

SELECTED RECENT CASES

In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation:

Strange & Carpenter is advising a range of corporations in connection with non-class recoveries from Visa, MasterCard, and their member banks based on alleged anticompetitive conduct in the payment card industry. The related class litigation is pending in the Eastern District of New York.

In re American Express Anti-Steering Rules Antitrust Litigation:

Strange & Carpenter is advising a range of corporations in connection with non-class recoveries from American Express based on alleged anticompetitive conduct in the payment card industry. The related class litigation is pending in the Eastern District of New York.

In re Aluminum Warehousing Antitrust Litigation:

Strange & Carpenter has been appointed by Judge Katherine B. Forrest to serve as Co-Lead Counsel on behalf of a class of Consumer End Users of aluminum products who are alleged to have suffered damages arising from federal and state antitrust violations in connection with aluminum market manipulations by Goldman Sachs, the London Metals Exchange, and others.  The case is pending in the Southern District of New York.

Nguyen v. Barnes & Noble, Inc.:

Gretchen Carpenter of Strange & Carpenter won affirmance of the District Court's Order denying Barnes & Noble, Inc.'s motion to compel arbitration pursuant to an arbitration agreement contained in Barnes & Noble's website's Terms of Use.  The decision protects online consumers from restrictive arbitration clauses hidden behind innocuous website "hyperlinks" and prevents online merchants from enforcing such arbitration clauses when the merchants have done nothing to obtain their customers' consent, or even to inform them that they will be bound by a restrictive arbitration clause simply by making a purchase.  See Nguyen v. Barnes & Noble, Inc., United States Court of Appeals for the Ninth Circuit Case No. 12-56628, Published dated August 18, 2014.

Kickflip, Inc. v. Facebook, Inc.:  Kickflip Defeats Facebook's Motion to Dismiss:

On September 27, 2013, the Honorable Leonard P. Stark of the U.S. District Court of Delaware denied Facebook, Inc.'s motion to dismiss Plaintiff's complaint in Kickflip, Inc. v. Facebook, Inc., Case Number 12-cv-01369.  Judge Stark upheld all of Plaintiff Kickflip's claims, including monopolization, unlawful tying and tortious interference.  Plaintiff Kickflip contends Facebook engaged in a course of conduct to eliminate its competition by exploiting its dominant social-game network by, among other conduct, banning all developers on Facebook from using any virtual-currency services other than Credits.  Since then, Facebook has received billions of dollars that would have otherwise gone to the competition, including Kickflip.
Memorandum Opinion in Kickflip v. Facebook
Law 360 - Facebook Can't Shake Virtual Currency Company's Monopoly Suit
NLJ - Facebook Faces Antitrust Claims Over Virtual Currency

Lucia v. Wells Fargo Bank, NA aka Wells Fargo Home Mortgage, Inc.:

Strange & Carpenter have successfully appealed the district court's dismissal of Lucia v. Wells Fargo Bank, N.A., aka Wells Fargo Home Mortgage, Inc., Ninth Circuit Court of Appeals Case No. 11-16242. The Ninth Circuit reversed the district court's judgment granting Wells Fargo's motion to dismiss and remanded the case, which is alleged as a class action, back to the district court.

Plaintiffs in the case allege that Wells Fargo offered them a trial period plan ("TPP") to modify their home mortgage under the Home Affordable Modification Program ("HAMP"), with the promise of a permanent modification if they fully complied with the TPP. Plaintiffs further allege that they made all TPP payments and fully complied with their obligations, but Wells Fargo nevertheless refused to provide them with a permanent modification, and instead, foreclosed on their home. The district court dismissed Plaintiffs' claims without leave to amend, and the Ninth Circuit reversed, holding that Plaintiffs had adequately alleged their claims, and remanding the case to the district court for further proceedings.

The court noted that "[t]he [ ] natural and fair interpretation of the TPP is that the servicer must send a signed Modification Agreement offering to modify the loan once borrowers meet their end of the bargain. . . . This interpretation of the TPP avoids the injustice that would result were Wells Fargo's position accepted and Wells Fargo allowed to keep borrowers' trial payments without fulfilling any obligations in return. The TPP does not contemplate such an unfair result." Corvello v. Wells Fargo Bank, N.A., 2013 WL 4017279, at *5.

In re Google, Inc. Cookie Placement Consumer Privacy Litigation:

Strange & Carpenter was recently appointed as Interim Co-Lead Counsel by the Honorable Sue L. Robinson in a privacy class action on behalf of users of Apple or Microsoft web browsers who visited websites that deployed third-party tracking cookies from Google, Inc. The case is pending in the District of Delaware.

In re Sony Gaming Networks and Customer Data Security Breach Litigation:

Strange & Carpenter has been appointed to the Plaintiffs' Steering Committee of this Multi-District Litigation, a class action on behalf of all persons or entities that have or had a PlayStation Network, Qriocity and/or Sony Online Entertainment account containing Financial, Personal ID or Usage Data at the time Defendants suffered a security breach on or about April 17-19, 2011. This action arises from Defendants' failure adequately to safeguard certain financial, personal identification, and related data belonging to Plaintiffs and others similarly situated who provided this data as part of Defendants' PlayStation Network and Qriocity and Sony Online Entertainment services. Plaintiffs allege that as a result of Defendants' actions and omissions, unauthorized third parties breached Defendants' security systems and were able to access the Financial, Personal ID and Usage Data of an estimated 101 million users.

In re Polyurethane Foam Antitrust Litigation:

Strange & Carpenter has been appointed by Judge Jack Zouhary to serve on the Plaintiffs’ Executive Committee in a multidistrict antitrust litigation involving allegations of price fixing in the sale of polyurethane foam. The firm represents a class of direct purchasers products containing foam, such as mattresses, pillows, furniture, auto seats, and carpet cushion. The case is pending in the Northern District of Ohio.

In re Lithium Ion Batteries Antitrust Litigation:

Strange & Carpenter is advising a range of corporations in connection with non-class recoveries from defendant manufacturers of lithium ion batteries based on alleged anticompetitive conduct.  The related class litigation is pending in the Northern District of California.

In re Automotive Parts Antitrust Litigation:

Strange & Carpenter is involved in a multidistrict antitrust litigation involving allegations of price fixing in various markets for automobile parts.  The firm represents a class of consumer end users of automobile parts.  The case is pending in the Eastern District of Michigan.

Current Investigations


In re Rail Freight Fuel Surcharge Antitrust Litigation:

Strange & Carpenter is investigating the four major U.S. railroads, BNSF Railway Company, CSX Transportation, Inc., Norfolk Southern Railway Company, and Union Pacific Railway Company, which have been accused by a federal government agency and private plaintiffs of illegally inflating the price of rail service between 2003 and 2007.  Corporate users of rail services may have suffered significant damages.

In re Domestic Drywall Antitrust Litigation:

Strange & Carpenter is investigating allegations of price fixing during 2012 and 2013 by the major producers of domestic drywall for use in new construction throughout the United States.  The annual U.S. drywall market is estimated to be roughly $3 billion.  Corporate users of domestic drywall may have suffered significant damages.

Manipulation of Foreign Exchange, Gold, and Other Financial Benchmarks:

Strange & Carpenter is investigating allegations of collusion by financial institutions that participate in the setting of several global financial benchmarks.  In the wake of the LIBOR scandal, major financial institutions involved in the setting of important global financial benchmarks, such as the rates at which global currencies are exchanged, the rates at which gold and gold derivatives are bought and sold, as well as other important global financial benchmarks, are under intense scrutiny by U.S. and international regulartory agencies.  Institutional investors who trade in these markets may have suffered significant damages.

Interchange Rates in Europe:

Strange & Carpenter is investigating the impact of the European Commission's findings regarding MasterCard's interchange rates, as well as Visa's recent commitment to reduce interchange rates in Europe.  Corporate merchants who accept MasterCard and Visa as a form of payment for goods or services may have been overcharged by the Networks and may have suffered significant damages.

European Auto Parts:

Strange & Carpenter is investigating potential price fixing by the manufacturers of various parts used in European automobiles.  The European Commission and several member state competition authorities have executed dawn raids and sought documents from a number of European auto parts manufacturers.  European auto makers may have suffered significant damages.


PROVIDING SUPERIOR SERVICE IN EVERY CASE

At Strange & Carpenter, we pride ourselves on maintaining a high level of accessibility to our clients.  If we accept your case, our lawyers will provide you with best-in-class representation.

NATIONWIDE CLASS AND DIRECT ACTION LAWYERS - DISCUSS YOUR CASE

To talk with attorneys who are committed to helping the victims of consumer fraud and other corporate wrongdoing, schedule an initial consultation with Strange & Carpenter.  Call us toll free at 888-811-3615 or contact us online to discuss your situation.

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