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Carter W. Ott

Of Counsel

carter.ott@dlapiper.com

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555 Mission Street, Suite 2400
San Francisco, California 94105-2933
United States
T: +1 415 836 2538 F: +1 415 659 7338

Carter Ott concentrates on defending consumer class actions based on California's consumer trade regulation laws, unfair competition, warranty, product defect and privacy claims. He also regularly counsels clients on limiting class action and consumer-trade regulation exposure and liability. Mr. Ott also has substantial experience in defending overtime, misclassification and related wage-and-hour class actions.

RECENT CONSUMER CLASS ACTION MATTERS

Representation of a video-game hardware distributor and video-game software publisher in a nationwide class action based on alleged defects in videogame console. Obtained an order granting motion to dismiss with prejudice
Representation of the creator and host of a 3D-graphic social game and entertainment chat-room website in a nationwide class action alleging that website producers improperly shortened the length of audio files sold and used in the chat rooms. Obtained order granting motion for judgment on the pleadings and denying leave to amend with regard to five of seven causes of action
Representation of a video-game hardware and software distributor in nationwide class actions alleging that a software update improperly disengaged features on video-game consoles. Obtained order of dismissal and judgment as a result of two successful pleading challenges
Representation of a mobile app exchange network provider in nationwide MDL class actions regarding the collection and use of information obtained from consumers of mobile apps. Voluntarily dismissed from actions following successful pleading challenge
Representation of a manufacturer and distributor of consumer electronics accessories in a California class action based on alleged misrepresentations made in the marketing and sale of HDMI cables. Voluntarily dismissed from action following filing pleading challenge
Representation of a video-game hardware and software distributor in consolidated nationwide class actions alleging that software updates caused video-game consoles to experience playback issues
Representation of a long-term-health insurance provider in a nationwide class action based on its purported failure to provide coverage. Obtained order denying class certification and granting motion for summary adjudication
Representation of a real estate appraisal company in a nationwide class action alleging violations of the Real Estate Settlement Procedures Act (RESPA)
Representation of a deal-a-day distribution website in the settlement of a nationwide class action regarding violations of state laws governing gift certificates
Representation of an identity theft protection company in the settlement of a nationwide consumer class action alleging fraud and misrepresentation
Representation of a privacy protection company in a nationwide class action based on failure to disclose terms of software service
Representation of a telecommunications company in a nationwide class action based on alleged unauthorized charges for mobile telephone products and services
Representation of an automobile insurance company in a California class action based on alleged improper deductible charges
Representation of an insurance-brokerage company in a California class action based on alleged improper broker fees
Representation of a consumer electronics distributor in numerous class actions based on alleged defects in laptop motherboard components
Representation of a manufacturer-distributor-retailer of consumer electronics in a variety of individual and class actions based on allegedly defective consumer electronics products
Representation of a video-game hardware and software distributor in several nationwide consumer class actions alleging defects in video-game consoles

RECENT EMPLOYMENT CLASS ACTION MATTERS

Representation of a vacation tour company in a nationwide class action alleging violations of California wage and hour laws based on alleged misclassification and failure to provide meal and rest periods
Representation of a semiconductor materials and equipment trading company in a California class action alleging violations of wage and hour laws based on misclassification
Representation of an insurance brokerage company in numerous class actions for violations of California wage and hour laws based on misclassification
Representation of an international shipping corporation in a class action for violations of California wage and hour laws based on misclassification
Representation of a gaming company in a class action for violations of Nevada wage and hour laws based on alleged improper policy of rounding/shaving recorded work time
Representation of a gaming company in a California class action for gender discrimination, disability discrimination, age discrimination, retaliation, sexual harassment, violation of wage and hour laws and regulations, and breach of contract
Representation of a video-game hardware and software distributor in a California class action alleging violations of California wage and hour laws based on misclassification
Representation of a medical devices manufacturer-distributor in a nationwide class action alleging gender discrimination, pregnancy discrimination, sexual harassment and retaliation
Representation of a nonprofit health care consulting firm in the settlement of a class action based on alleged violations of the WARN Act and the California Labor Code
Representation of a software developer-distributor in a class action initiated by former employees alleging violations of securities laws and breach of contractual and fiduciary duties

Admissions

California
United States District Court for the Northern District of California
United States District Court for the Central District of California
United States District Court for the Southern District of California
United States Court of Appeals for the Ninth Circuit

Memberships

American Bar Association
San Francisco Bar Association

Publications

"California's Appellate Courts Issue Further Decisions Regarding Collecting And Use Of Consumers' ZIP Codes And Other Information," The Banking Law Journal, Vol. 128, No. 8 (128 Banking L.J. 740), September 2011 (co-author)
"Wal-Mart v. Dukes, Smith v. Bayer: Supreme Court Rules In Two Significant Class Actions," DLA Piper Class Action Alert, June 28, 2011 (co-author)
"Consumer Privacy Class Action Lawsuits, The New Landscape," IAPP Webinar, June 23, 2011 (co-author)
"High Court's ZIP Code Ruling Loses Teeth," The Recorder, June 1, 2011 (co-author)
"California Court of Appeals Limits Privacy Claims," DLA Piper Class Action Alert, May 27, 2011 (co-author)
"California Supreme Court: Requesting and Recording Cardholder's ZIP Code Violates the Song-Beverly Credit Card Act," The Banking Law Journal, Vol. 128, No. 5 (128 BLJ 443), May 2011 (co-author)
"California Supreme Court: Requesting and Recording Cardholder's ZIP Code Violates Credit Card Act," DLA Piper Class Action Alert, February 23, 2011 (co-author)
"Recent Rule 26 Amendments Affect Expert Disclosures and Draft Reports," DLA Piper Litigation Alert, February 9, 2011 (co-author)
"Class Action and Arbitration Waivers in Consumer and Employment Suits," Class Action Litigation Report (BNA), Vol. 11, No. 10 (11 BNA CLASSLR 491, 2010 WL 2090164), May 28, 2010
"California Court of Appeal Ruling in Pellegrino: Are Contracts Shortening Time to File Wage-and-Hour Claims Unenforceable?" DLA Piper Class Action Alert, February 9, 2010
"The United Kingdom Considers Class Actions for Financial Services," DLA Piper Class Action Alert, December 21, 2009
"In re Tobacco II Cases: Potential Erosion of the Standing Requirement in Class Actions," Andrews Antitrust Litigation Reporter, October 22, 2009 (17 No. 7 Andrews Antitrust Litig. Rep. 15); Andrews Class Action Litigation Reporter, September 16, 2009 (16 No. 8 Andrews Class Action Litig. Rep. 2); Andrews Automotive Litigation Reporter, September 15, 2009 (29 No. 6 Andrews Automotive Litig. Rep. 6); Andrews Tobacco Industry Litigation Reporter, August 14, 2009 (24 No. 25 Andrews Tobacco Indus. Litig. Rep. 1)
"Pre-emptive Strike – Vinole Recognizes Defendants' Right to File Early Motions Challenging Class Certification," The Recorder, September 16, 2009
"Vinole v. Countrywide Home Loans: Preemptively Denying Class Certification," DLA Piper Class Action Alert, September 9, 2009 (co-author)
"Class Certification: When, Where and How to Seek and Challenge," CLE International, Class Actions (4th Annual Conference), January 24-25, 2008 (co-author)
"Class Actions in the Gaming World: The Intersection of an Old Rule and a New Industry," Law Seminars International, Gamer Technology Law, October 4-5, 2007 (co-author)
"Certification and Settlement of Class Actions in Federal and California Courts," CLE International, Class Actions (3rd Annual Conference), January 25-26, 2007 (co-author)

Media Mentions

As counsel for Sony Computer Entertainment America LLC and Activision Blizzard, Inc. in Garcia v. Sony Computer Entertainment America LLC and Activision Blizzard Inc. – "Sony, Activision Win Suit Over Console-Scorching Games," Law360.com (May 10, 2012)
As counsel for Sony Computer Entertainment America LLC in In re Sony PS3 Other OS Litigation – "Game Over For Sony PlayStation Update Action," Law360.com (December 8, 2011)

Recent Decisions

Garcia v. Sony Computer Entertainment America LLC and Activision Blizzard, Inc., No. C 11-02246 RS, --- F. Supp. 2d ----, 2012 WL 1610615 (N.D. Cal. May 8, 2012) (granting defendants’ motions to dismiss with prejudice and entering judgment)
MacKinnon v. IMVU, Inc., No. 111 CV 193767, 2012 WL 1562983 (Cal. Super. May 2, 2012) (granting motion for judgment on the pleadings and denying leave to amend with regard to five of seven claims)
In re Sony PS3 Other OS Litigation, No. C-10-1811 RS, --- F. Supp. ----, 2011 WL 6117892 (N.D. Cal. Dec. 8, 2011) (granting motion to dismiss with prejudice and entering judgment)
In re iPhone Application Litigation, No. 11–MD–02250–LHK, 2011 WL 4403963 (N.D. Cal. Sept. 20, 2011) (granting motion to dismiss)
In re Sony PS3 Other OS Litigation, No. C-10-1811 RS, 2011 WL 672637 (N.D. Cal. Feb. 17, 2011) (granting motion to dismiss)
Dodd-Owens v. Kyphon Inc., No. C-06-3988 (JF), 2007 WL 3010560 (N.D. Cal. Oct. 12, 2007) (granting motion to strike class allegations)
Hoey v. Sony Electronics Inc., 515 F. Supp. 2d 1099 (N.D. Cal. Oct. 10, 2007) (granting motion to dismiss)
Dodd-Owens v. Kyphon Inc., No. C 06-3988 (JF), 2007 WL 1670338 (N.D. Cal. Jun. 6, 2007) (granting motion to dismiss with prejudice)

Prior Experience

Summer Associate, Gray Cary LLP (2001)
U.C., Hastings Constitutional Law Quarterly (2000-2001)
Judicial Extern, the Honorable David C. Lee, Superior Court of California, County of
Alameda (2000)