Wes Reichart

• Obtained eight-figure settlement against information technology contractor for company impacted by data breach
• Won a motion to dismiss for a leading power tool manufacturer in an action asserting claims under the Trafficking Victims Protection Act for importation of goods allegedly produced with foreign prison labor
• Won summary judgment for a national eye care brand in complex contract dispute with sales agent
• Obtained eight-figure settlement in complex contract action involving staffing agencies
• Currently representing a developer of AI models for use in homeowners' insurance pricing in regulatory matters in California
• Currently representing a components manufacturer in affirmative claims against an information technology provider for breach of contract in connection with a failed platform migration and significant lost profits
• Currently representing a real estate developer in condemnation proceedings
• Currently representing national poultry processor in affirmative litigation in Delaware Chancery Court
• Represented preferred shareholders and former directors in claims for unlawful stock repurchase and breach of fiduciary duty
• Represented insurance companies in connection with business interruption claims concerning alleged economic loss from COVID-19. Won dismissals and summary judgment in several cases with hundreds of millions of dollars in potential exposure
• Represented title insurance companies in complex contract, coverage, and bad faith disputes across the country
• Represented several companies in complex commission disputes with agents/distributors
• Represented national personal storage company in complex real estate disputes with strategic affirmative claims
• Represented developers and contractors in high-stakes mechanics' lien actions and other construction disputes

Representative Class Action Experience

Data Breach / Data Privacy

• Won a motion to dismiss for Kyocera AVX in consolidated class action asserting various causes of action on behalf of a putative nationwide class
• Obtained dismissal of a series of class actions against a global banking company stemming from a cyberattack
• Obtained dismissal of claims against a global financial services company arising from what the plaintiff characterized as a data breach
• Successfully resolved a consolidated nationwide class action against a healthcare company stemming from a data intrusion

AI / Algorithmic Bias

• Defeated class certification in a case in Texas federal court challenging the use of "big data" algorithms in a complex auto insurance pricing model as discriminatory
• Obtained summary judgment defending the algorithms in the same case, where the plaintiffs claimed over US$1 billion in exposure

Pricing

• Defeated class certification in a case in Illinois state court challenging auto insurance pricing and related advertising
• Successful resolution of class action in California and related administrative investigation of an auto insurer concerning auto insurance pricing practices and related advertising
• Currently representing a third-party billing provider in a class action in Maryland challenging pricing practices

Antitrust

• Won a motion to dismiss for a pharmacy residency defendant in a case challenging the pharmacy residency matching program. Albert et al. v. American Society of Health-System Pharmacists et al., Case No. DLB-25-673 (D. Md.)
• Currently representing homeowners' insurance companies in an antitrust class action in California concerning the availability of coverage following wildfires
• Currently representing a national poultry processor in an antitrust class action in Missouri concerning the closure of a processing plant

Consumer

• Won dismissal for a global consumer healthcare company as lead counsel in the defense of two virtually identical putative class action alleging that Cortizone-10® brand over-the-counter (OTC) topical hydrocortisone products are misleadingly described as "Maximum Strength." In response to our motion to dismiss, the plaintiff voluntarily dismissed one of the cases, filed in the Southern District of New York (SDNY), alleging violations of New York General Business Law section 349 and section 350. In the other, the Court dismissed the plaintiff's claims for violations of Cal. Bus. & Prof. Code § 17500, Cal. Bus. & Prof. Code § § 17200 et seq., and Cal. Civ. Code § 1750 et seq.
• Current representation of global consumer healthcare company defending against claims concerning labeling of children's fluoride products
• Current representation of global consumer healthcare company defending against claims in several jurisdictions concerning dosage labeling of dietary supplements
• Current representation of global consumer healthcare company defending claims concerning "natural" ingredient statements
• Successful resolution of claims against global consumer healthcare company concerning "natural" statements on sleep aid products

Environmental, Social, Governance

• Defeated class certification for national hotel chain in action challenging use of J-1 visa program and asserting claims under the Trafficking Victims Protection Act
• Won dismissal for a global airline as lead counsel against putative class action claims in the SDNY that its statement "fly responsibly" and carbon offset program violate the New York Consumer Protection Act, GBL 349 and 350, various other state consumer protection statutes, and attempted to state claims for breach of express warranty/implied warranty, fraud, negligent misrepresentation, unjust enrichment, and for alleged violations of the Magnuson-Moss Warranty Act
• Won dismissal for the same global airline as lead counsel in federal court in Virginia in defense of a putative class action challenging its "fly responsibly" campaign in the Eastern District of Virginia. The Court granted our motion to dismiss in its entirety under Airline Deregulation Act (ADA) pre-emption
• Won dismissal for the same global airline as lead counsel in federal court in Michigan in defense of a putative class action challenging its "fly responsibly" campaign under Michigan law. The Court granted our motion to dismiss in its entirety under ADA pre-emption and intimated that, if it reached the merits, it would have granted our motion to dismiss for failure to state a claim
• Obtained voluntary dismissal by the plaintiff in a copycat case against the same global airline in New York State Supreme Court