Elizabeth Deeley

Class Actions

Ms. Deeley has defended

• One of the world’s largest social media companies in consolidated nationwide data security class actions stemming from a criminal hacking attack that compromised user data. Won motion to dismiss, narrowing the case to a single named plaintiff pursuing a single cause of action for negligence. Defeated certification of damages. Reached a settlement for the remaining injunctive relief claim pending court approval.
• Innovative online car retailer in a putative class action alleging unfair competition claims. Won motion to dismiss all claims with leave to amend.
• One of the world’s largest social media companies in consolidated nationwide privacy class actions alleging collection of user data without consent. Won motion to dismiss several claims with prejudice, and on remaining claims without prejudice. Court dismissed several amended claims on motion to dismiss and expressed skepticism about remaining claims.
• One of the world’s largest social gaming companies in four nationwide class action lawsuits alleging claims from a purported data breach.
• One of the world’s largest social media companies in consolidated nationwide class actions filed by advertisers asserting unfair competition and contract-based claims. The court granted company’s motion to dismiss breach of contract claims and other claims are pending.
• Identity theft protection leader in a putative class action asserting claims based on allegations that its service was fraudulent. Following motion to dismiss and aggressive early discovery, plaintiffs acknowledged on the record there was no support for claims of a common practice of fraud and agreed to dismiss claims with prejudice for a nominal costs.
• One of the nation’s largest fitness companies in a nationwide class action alleging statutory and common law claims based on allegations that it continued to charge membership fees while clubs were closed due to the COVID-19 pandemic.
• One of the nation’s largest fitness companies in a putative class action alleging breach of contract and violation of consumer protection statutes in connection with elimination of towel service. Motion to dismiss pending.
• One of the world’s largest social media companies in multiple nationwide class actions asserting that it sent putative class members text messages without their consent. Won dismissal with prejudice of two class actions at the pleading stage and stays of others. Filed a petition for a writ of certiorari on both the constitutionality of the specific Telephone Consumer Protection Act (TCPA) provision at issue and to resolve a circuit split on the threshold question of the requisite “capacity” of an autodialer which the Court will hear argued in Fall 2020.
• Food nutrition company in a nationwide putative class action alleging false advertising. Successfully opposed and defeated motion for class certification.*
• One of the nation’s largest life insurance companies in a nationwide breach of contract class action alleging overcharging. Defeated class certification on all but one issue of one claim. The parties reached a favorable settlement after the Indiana Supreme Court certified an appeal of certification.*
• One of the nation’s largest life insurance companies in a California class action alleging fraud and elder abuse. Plaintiffs dismissed their claims with prejudice for a nominal payment and an on-the-record admission that following discovery, Plaintiffs found no common or systematic practice of fraud.*
• One of the nation’s largest banks in nationwide class action alleging improper account deductions. Plaintiff dismissed her claims for a nominal fee after defense investigation of allegations showed flawed claims.
• One of the nation’s largest fitness companies in a putative California class action alleging breach of contract. The parties reached a no-cash settlement with class members following an informal discovery.*
• One of the nation’s largest life insurance companies in a California class action alleging privacy violations for recording customer service calls without prior authorization. Plaintiff dismissed his claims after defense investigation of allegations showed flaws in claims.*

Securities Class Actions

Ms. Deeley has defended

• One of the world’s largest social media companies and its officers and directors in dozens of shareholder class actions and derivative lawsuits related to its IPO. Won dismissal of the derivative suits with prejudice, affirmed by the Second Circuit. Favorable settlement of class securities claims is pending.
• Medical device maker in a securities class action alleging the company’s stock dropped after a previously undisclosed purported trade secret misappropriation. Won motion to dismiss.
• Large ride-sharing company and its current and former directors and executives in parallel federal and state securities class actions related to its IPO. Won partial dismissal of the federal case. The state case remains ongoing.
• Large social medial company and certain executives in a pending securities class action related to statements regarding advertiser targeting that allegedly led to a stock drop.
• Underwriters in parallel securities class actions in state and federal courts related to IPO of a software company. Won motion to dismiss on all claims with leave to amend.
• One of the world’s largest social media companies in two securities class actions over stock drop allegedly related to advertising.
• Private equity company and portfolio company in lawsuit by former executives and shareholder in alleging securities, contract-related, and defamation claims. Won dismissal with prejudice of securities claims. Plaintiff voluntarily dismissed defamation and covenant of good faith and fair dealing claims with prejudice.*
• Financial services company in consolidated lawsuit alleging breaches of fiduciary duty in connection with its acquisition by one of the nation’s largest brokerage companies. Resolved the case favorably in a no damages settlement.*
• One of the nation’s largest banks in dozens of securities class actions and an antitrust lawsuit alleging market manipulation, fraud claims, and IPO-related misconduct arising from the dot com bubble burst in 2000.*

Complex Commercial Litigation and Trial

Ms. Deeley has

• Brought breach of contract claims on behalf of a large multinational investment bank against two counterparty funds that failed to pay for losses owed in connection with a failed securitization of collateralized loan obligations and credit default swaps. Following a three-week bench trial, the court found for client and awarded it more than US$1 billion; US$520 million in losses and US$520 million in statutory interest.
• Brought breach of contract claims on behalf of an investment bank and its founder. Following a one-week hearing, won arbitration award, a permanent injunction, and costs and attorney’s fees.*
• Brought trade secret misappropriation and breach of contract claims on behalf of a private equity and venture capital fund against former employees and their new employer. Reached favorable settlement following defendants unsuccessful motions to dismiss and discovery.*
• Brought accounting fraud and breach of contract claims on behalf of a multinational conglomerate corporation following purchase of a fire and security company from sellers who manipulated revenues. Won over US$33 million in damages following a two-week arbitration.*
• Defended a private equity company against claims of fraud and violations of the US Patriot Act, and foreign anti-money laundering laws in an arbitration. The arbitration panel unanimously dismissed all claims and awarded costs to the client.*
• Defended warranty services company in an earn-out and profit-sharing dispute alleging breach of contract and misrepresentation. Won dismissal of misrepresentation claims, compelled arbitration of and defeated earn-out claims. Favorably resolved profit-sharing claims following arbitration victory.*
• Defended one of the world’s largest social media companies in a federal antitrust lawsuit alleging illegal tying, group boycott, and monopolization of social media advertising by blocking unauthorized adware. Defeated the plaintiffs’ preliminary injunction motion and won motion to dismiss all claims.*
• Defended telecommunications company against fraud and breach of contract claims. Following a three-week bench trial, won on all claims.*
• Defended directors and officers of one of the nation’s largest insurance companies in a lawsuit alleging that they engaged in fraud and forgery. Won dismissal with prejudice, affirmed on appeal by the Tenth Circuit.*
• Court-appointed trial counsel for employee in a federal employment discrimination lawsuit. The jury returned a US$3.5 million verdict after a nine-day trial.*
• Trial counsel for one of the world’s largest chemical companies in a wrongful death jury trial, related to product liability claims. Settled lawsuit favorably with eight other related wrongful death lawsuits awaiting trial.*
• Defended one of the nation’s largest banks and individual investment advisors in numerous securities arbitrations.*
• Defended private equity company and portfolio company that manufactured baby food in Federal Trade Commission (FTC) antitrust lawsuit challenging its merger with the nation’s largest baby food manufacturer.*
• Defended software company in an FTC antitrust lawsuit challenging its acquisition of a competitor software company.*
• Defended telecommunications company in a breach of contract and antitrust lawsuit against a hardware supplier.*

*Matter handled prior to joining Latham