Drew Lanphere

Partner | Litigation

About

Drew Lanphere is a trial lawyer known for handling high-stakes litigation, focusing on antitrust, unfair competition, health care and real property matters.


Practices

  • Appellate

  • Arbitration and Mediation

  • Class Action Defense

  • Commercial Litigation

  • Insurance

  • Intellectual Property Litigation

  • Land Use Entitlements & Litigation

  • Litigation and Risk Management

  • Real Estate

Admissions

  • California

  • U.S. Court of Appeals for the Ninth Circuit

  • U.S. District Court for the Northern District of California

  • U.S. District Court for the Central District of California

  • U.S. District Court for the Southern District of California


Education

  • University of California, Hastings College of the Law, J.D., 1997 cum laude

  • Brown University, B.A., 1993


Recognition

  • Recognized by The Legal 500 U.S. for Antitrust – Cartel (2015) and Antitrust – Civil Litigation/Class Actions (2015, 2019).

  • Recipient of the San Francisco Bar Association’s 2014 “Outstanding Volunteer in Public Service Award” for his pro bono efforts in the Bay Area.

Experience

  • Pillsbury Winthrop Shaw Pittman LLP


Representative Experience

  • At the conclusion of a two-week jury trial in a breach of contract dispute, the jury deliberated less than 30 minutes before returning a verdict in favor of our client.

  • Won complete victory at trial and on appeal in case alleging below-cost and loss leader sales at gasoline stations operated by a major grocery chain.

  • Defended a leading electronics company against claims that it participated in a cartel to fix prices of liquid crystal displays used in televisions, computers and mobile devices.

Antitrust, Unfair Competition and Consumer Class Actions

  • Defended a major grocery chain at trial and on appeal against claims under the Cartwright Act and Unfair Practices Act concerning fuel pricing and associated discounts based on grocery purchases.

  • Defended a major grocery chain against class action concerning alleged false advertising brought pursuant to the Consumer Legal Remedies Act.

  • Defended a leading electronics manufacturer against Sherman Act and Cartwright Act claims arising out of an alleged price-fixing cartel with respect to LCD panels.

  • Defended energy trading and shipping company in class action alleging a natural gas pipeline and shipping companies engaged in a cartel to allocate pipeline shipping capacity in violation of the Sherman Act.

  • Defended a leading retailer against Sherman Act and Cartwright Act claims arising out of an alleged group boycott with respect to power tools.

  • Defended a major telecommunications company against class action alleging violations of the Consumer Legal Remedies Act and California Unfair Competition Law.

  • Represented manufacturer in investigation by California Attorney General’s Office regarding alleged resale price maintenance in violation of Cartwright Act.

  • Represented health plan in litigation concerning alleged group boycott in violation of the Cartwright Act and California Unfair Competition Law.

Privacy/Data Breaches

  • Represented health care provider in class action concerning alleged unauthorized disclosure of patient health information.

  • Represented health care providers in enforcement matters concerning alleged unauthorized disclosures of patient health information.

Financial Services and Banking

  • Represented a senior executive in compliance investigation by the Federal Deposit Insurance Corporation.

  • Represented major financial institution and its affiliated broker-dealer in investigation by the Securities & Exchange Commission.

Securities Litigation

  • Representing numerous major underwriters against securities fraud claims arising out of sale of mortgage-backed securities.

  • Obtained dismissal of securities claims against bank holding company and its chairman. See Rubke v. Capitol Bancorp Ltd. 551 F.3d 1156 (9th Cir. 2009).

  • Represented individual investor in prosecuting claims for securities fraud under the California Corporations Code and related claims arising out of private-company investment.

Real Estate/Environmental

  • Represented Southern California municipality in a CERCLA recovery action for a six-mile plume of perchlorate affecting the municipality’s water supply. See City of Colton v, American Promotional Events, Inc. 824 F.Supp. 2d 1015 (C.D. Ca. 2011).

  • Represented landowner in Sonoma County Superior Court in water rights dispute between adjoining landowners.

  • Represented title insurer in Fresno County Superior Court in case involving allegations of identity theft and resulting fraudulent real estate transactions.

Insurance

  • Obtained summary judgment and permanent injunction in favor of life insurer and against California State Controller, precluding the controller from continuing to enforce illegally-adopted underground regulations relating to escheatment of unclaimed life insurance policy proceeds.

  • Obtained summary judgment on behalf of policy-holder in Pennsylvania trial court. The court ordered the reformation of a trade credit insurance policy to cover over $3.4 million in losses arising out of a Latin American computer hardware distribution agreement.

  • Represented title insurer in numerous coverage disputes.

  • Represented insurer/reinsurer in series of disputes regarding reinsurance of workers’ compensation insurance.

Intellectual Property

  • Obtained summary judgment for university in case alleging misappropriation of intellectual property by university and professor.

  • Represented major semiconductor company in prosecuting and defending against claims of trade secret misappropriation.

Publications

  • Co-Author of Privacy and California’s Antitrust Laws, Chapter in California State Antitrust and Unfair Competition Law (California Lawyers’ Association, 2019).

  • A Developing Circuit Split Over Vertical Restraints?, Law360, Author: Andrew D. Lanphere, 07/19/13.


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