Technology & Telecommunications Class Action Litigation
Our in-depth knowledge of our clients’ businesses and industry sectors allows us to help them take swift and decisive action and to develop and implement winning strategies that fully meet their regulatory and litigation needs.
At Sonnenschein, we have experience representing a wide range of U.S. and international communications and high-tech businesses, including providers of broadcast television, cable television and direct broadcast satellite, other telecommunications carriers and companies that manufacture computer peripherals and communications equipment. Our experience is as wide-ranging as it is technologically diverse, and our attorneys are leaders in their field, with decades of experience representing various industry segments. Following is a small sampling of that experience.
Select Representations
Yahoo!
Sonnenschein represented Overture Services, Inc., and Yahoo! Inc. in the U.S. District Court for the Central District of California in a purported nationwide class action in which the plaintiff alleged that Yahoo!’s disclosures about and operation of the budgeting feature in its Search Marketing System, in which business advertisers bid for placement of their online advertisements through a bidding auction process, were false and misleading. A favorable class settlement was reached.
The Home Shopping Network
Sonnenschein represented the Home Shopping Network (HSN) in multiple class action litigation cases pending in California, Florida and Illinois involving HSN’s sale of Proteva personal computers. Proteva, the manufacturer of the computers, declared bankruptcy, leaving HSN as the major litigation target. The complaints alleged consumer fraud, breach of warranty and other claims on behalf of tens of thousands of Proteva purchasers and sought millions of dollars in compensatory and punitive damages. Sonnenschein quickly moved to oppose class certification and aggressively pursued a creative settlement that was negotiated during a brief mediation. Our approach provided our client with an extremely cost-efficient solution that also was approved by the court without any objection.
Vonage
Sonnenschein represents Vonage America Inc. and Vonage Holdings Corp. in a putative nationwide class action challenge regarding alleged misrepresentations as to the reliability of Vonage Fax Services. Pending in the District of New Jersey, the suit was brought under the New Jersey Consumer Fraud Act and also raises claims of unjust enrichment.
Logitech, Inc.
Sonnenschein represented Logitech, Inc., a California company that produces interface devices for personal computers, in a class action alleging that the company misrepresented and concealed a defect in a cordless mouse product. Plaintiffs brought this putative nationwide class action under California’s consumer protection statute. Sonnenschein’s litigation team was able to quickly settle this matter on a class basis for a nominal amount.
Advertising.com
The U.S. District Court for the Southern District of New York granted our motion to dismiss a class action case against our client, Advertising.com, in which plaintiffs had alleged that Advertising.com and a third party, Findwhat.com, engaged in “click fraud”—the act of simulating legitimate consumer mouse-clicks on Web-based advertisements for the purpose of generating pay-per-click charges—in connection with online ad placements. The case was dismissed in its entirety against our client.
Vision Lab
Our attorneys have represented what was one of the largest fax broadcasters in the U.S., Vision Lab, in class action and direct lawsuits in state and federal courts all over the country for alleged violations of the Telephone Consumer Protection Act and related causes of action.
Additional Related Representations
A major television network in a putative defamation class action brought by Polish Americans, alleging that aspects of the network’s programming defamed all Americans of Polish descent.
A large national cable television company and its subsidiaries and affiliates. Served frequently as outside counsel in litigation and counseling matters including subscriber privacy and Internet enforcement, private and governmental antitrust, cable copyright, media and commercial disputes.
A large national cable television company in mergers and acquisitions, antitrust, RICO, First Amendment, cable communications and commercial litigation and counseling matters.
DIRECTV, Inc., in satellite piracy cases filed against individuals under the Wiretap Act and Federal Communications Act. Sonnenschein serves as national appellate counsel and has handled nearly 40 appeals in nine federal circuits and continues to represent the client in 13 appeals pending in federal appeals courts.
From 2003 to 2007, successful litigation of separate claims on behalf of two national wireless carriers, including T-Mobile USA, in separate AAA arbitration proceedings against a Bell Operating Company to recover reimbursement of payments for certain intrastate tariffed SS7 messaging access charges that the wireless carriers alleged were unlawful. In June 2007, following two years of litigation, we won an $8.57 million arbitration award for T-Mobile against the Bell Operating Company. In October 2007, the U.S. District Court for the Western District of Washington confirmed the arbitration award on our motion and denied the Bell company’s motion to vacate.
