Colleen Carey Gulliver

Consumer Class Actions

• Obtained dismissal for a private non-profit university in defense of six nationwide putative class actions filed in the Southern District of New York who asserted breach of contract claims and various other state law claims related to Covid-19 and the university's purported failure to refund tuition and fees after its transition to remote learning. One plaintiff appealed the dismissal to the Second Circuit, which is pending a decision. The sixth case was granted in part, with dismissal of the tuition claims, leaving only the fees claims.  The Court ordered expedited briefing of class certification and we obtained denial of class certification based on a lack of typicality, commonality, predominance and adequacy of the plaintiff and class counsel.  The plaintiff moved for reconsideration, which was also denied.
• Obtained dismissal on behalf of a leading pharmaceutical company in the first of sixteen putative class actions pending against the company alleging false advertising after a recall of a medicine due to the presence of a nitrosamine.  A judge in the Southern District of New York granted the company’s motion to dismiss the plaintiffs’ amended complaint in its entirety and with prejudice.  The Judge found that the plaintiffs had failed to state any of their seven claims, which included breaches of warranty and violations of New York and New Jersey consumer protection statutes.
• Obtained multiple strategic transfers on behalf of the same pharmaceutical company in the Southern District of Florida of similar consumer class actions to the Southern District of New York under the first-to-file rule and out of the plaintiffs' firms chosen jurisdiction.  In the first transfer decision, the Court determined that plaintiff's counsel, not the Company, was forum shopping. Plaintiff objected to the district judge, which sent the ruling back to the Magistrate Judge for further consideration. The Magistrate Judge recently reaffirmed his prior ruling, holding that transfer is appropriate under both the first-filed rule and in the interests of justice, which was reaffirmed by the district Judge.      
• Obtained dismissal with prejudice for a food manufacturer in defense of a putative class action on behalf of New York, California and Illinois consumers in the Southern District of New York who asserted violations of those states’ consumer protection statutes and state law related to allegations of improper labeling of protein bars
• Obtained dismissal for global airline in a putative nationwide class action filed in the Eastern District of New York related to its cyber attack at a pre-motion conference and dismissal of its amended complaint after full briefing. The plaintiff asserted four state law claims and the court granted the airline's motion to dismiss on standing and preemption grounds. The Second Circuit affirmed the decision
• Obtained dismissal with prejudice for an agricultural cooperative in defense of a putative class action on behalf of New York consumers in the Eastern District of New York who asserted violations of New York consumer protection statutes and state law related to allegations of improper labeling of crackers
• Obtained dismissal on behalf of a food manufacturer in defense of a putative Racketeer Influenced and Corrupt Organizations Act nationwide class action brought by consumers in the District of Oregon alleging that manufacturers conspired to falsely advertise the presence of metals in baby food.  The plaintiff voluntarily dismissed the action after our motion to dismiss was fully briefed and the Court had heard oral argument on the motion
• Obtained dismissal with prejudice on behalf of a global airline in defense of a putative class action of nationwide consumers filed in the Northern District of Illinois who have asserted breach of contract claims related to Covid-19 and the airline's purported failure to refund.  The Court held, in an issue of first impression, that a consumer cannot sued in a U.S. court against an airline that incorporates European Regulation EU 261 into its contract of carriage because such incorporation effectively incorporates EU261's venue provision as well, which requires a customer to bring suit in a country within the European Union
• Obtained dismissal of a putative class action complaint without the necessity of a motion to dismiss in state court in California on behalf of all California residents who called its customer service line while in California on behalf of a global airline. The complaint asserted one cause of action for violation of California's Invasion of Privacy Act, and in particular California penal code section 632.7, unlawful recording or monitoring of calls
• Obtained dismissal with prejudice for an agricultural cooperative in defense of a putative class action on behalf of New York consumers filed in the Southern District of New York who have asserted violations of New York consumer protection statutes the Magnuson Moss Warranty Act and state law related to allegations of improper vanilla labeling. Several similar class actions are currently pending in the Southern and Eastern districts of New York and California federal court. A settlement resolving the actions received final approval in the Southern District of New York
• Obtained dismissal of majority of claims for an agricultural cooperative in defense of a putative class action on behalf of New York consumers filed in the Southern District of New York who have asserted violations of New York consumer protection statutes, various state law claims and the Magnuson Moss Warranty Act related to allegations of improper labeling of almonds
• Representing a food manufacturer in defense of twenty putative nationwide class actions brought by consumers in the Southern District of New York alleging false advertising in regards to the presence of metals in baby food
• Representing a computer manufacturer in defense of a putative class action on behalf of New York consumers in the Southern District of New York alleging false advertising in regards to former pricing of computers
• Representing a textile manufacturer in defense of a demand notice alleging false advertising in regards to the presence of PFAS in its products.
• Representing a global airline in an ESG litigation risk assessment
• Representing a global airline in defense of two putative class actions of nationwide consumers filed in the Central District of California who have asserted breach of contract claims related to Covid-19 and the airline's purported failure to timely refund. Obtained dismissal of both original complaints. The amended complaints were sustained, and one of the two cases is currently on appeal to the Ninth Circuit
• Obtained dismissal for CBD retailers in defense of a putative nationwide class action filed in the Southern District of Florida who have asserted violations of New York and Florida consumer protection statutes and state law related to allegations of improper labeling of CBD levels
• Successful resolution on behalf of CBD retailers of a putative class action filed in the Northern District of Illinois on behalf of Illinois residents who have asserted violation of the Illinois consumer protection statute related to allegations of improper labeling of THC levels
• Obtained favorable settlement for a global airline in defense of a nationwide class action in the Eastern District of New York. The complaint was brought on behalf of a nationwide class of members of the airline's frequent flyer program and alleged that the company breached its contract when it levied a fuel surcharge on reward tickets
• Obtained favorable settlement for a fitness company in a putative class action filed in the Central District of California. The plaintiff asserts claims for alleged violations of federal and state gift card laws (including the Credit Card Accountability Act and the Electronic Funds Transfer Act and certain California protection statutes). The Court granted in part and denied in part our motion to dismiss and after discovery, we obtained a favorable settlement, which the Court finally approved
• Represented the same fitness company in a putative class action filed in the Central District of California. The plaintiff asserts claims for alleged violations of California's health studio contract law and California's consumer protection statute
• Obtained favorable settlement for a leading defense and technology company and its officers and directors in a securities fraud class action filed in the Southern District of New York. The Court granted in part and denied in part our motion to dismiss and after summary judgment, we obtained a favorable settlement, which was finally approved
• Represented a financial institution in a multi-district litigation securities fraud class action filed in the Southern District of Texas and various opt-out actions. Obtained dismissal of the action after appeal to the Fifth Circuit
• Obtained favorable settlement on behalf of officers and directors of a telecom company in a securities fraud class action filed in the Southern District of New York and shareholder derivative actions

Privacy Class Actions

• Obtained dismissal for global airline in a putative nationwide class action filed in the Eastern District of New York related to its cyber attack at a pre-motion conference and dismissal of its amended complaint after full briefing. The plaintiff asserted four state law claims and the court granted the airline's motion to dismiss on standing and preemption grounds. The Second Circuit appeal is fully briefed and pending decision.

Securities Class Actions

• Obtained a favorable settlement for a Canadian pharmaceutical company in a securities fraud class action filed in the Southern District of New York
• Represented a financial institution in a multi-district litigation securities fraud class action filed in the Southern District of Texas and various opt-out actions. Obtained dismissal of the action after appeal to the Fifth Circuit
• Obtained favorable settlement for a leading defense and technology company and its officers and directors in a securities fraud class action filed in the Southern District of New York. The Court granted in part and denied in part our motion to dismiss and after summary judgment, we obtained a favorable settlement, which was finally approved
• Represented the same defense and technology company in follow on shareholder derivative actions. Obtained dismissal with prejudice of the shareholder derivative action filed in the Southern District of New York
• Obtained favorable settlement on behalf of officers and directors of a telecom company in a securities fraud class action filed in the Southern District of New York and shareholder derivative actions

Business Litigation and Dispute Resolution

• Obtained favorable resolution for a financial services company in a breach of contract dispute in New York state court
• Obtained favorable resolution for a global airline in an ERISA action brought by a former employee in the Southern District of New York
• Obtained a favorable out of court resolution on behalf of a Canadian investment company in a breach of contract dispute. After negotiations, obtained complete abandonment of claims
• Obtained favorable resolution for a global clothing retailer in a breach of contract dispute in New York federal court
• Represented a global media company in New York federal court in asserting claims for copyright infringement

Corporate Governance

• Represented a co-founder and director of a privately-held company in a proceeding seeking books and records of the company

White Collar, Corporate Crime and Investigations

• Represented a financial institution in insider trading cases brought by the US Attorney for the Southern District of New York and the SEC
• Represented a global pharmaceutical company regarding an internal review of potential violations of the Foreign Corrupt Practices Act