Robert J. Herrington

Shareholder

Robert J. Herrington is Co-Chair of the firm's Products Liability & Mass Torts Practice. He focuses his practice on defending consumer products companies in complex, multi-party litigation, including class actions, government enforcement litigation, product defect litigation and mass torts. Rob represents companies in a variety of industries, including apparel and footwear, retail, emerging technologies, consumer electronics, video game, telecommunications, advertising and publicity, online retailing, food and beverage, nutritional supplements, personal care products, sports and fitness, outdoor equipment, home appliances, automotive, and insurance.

Rob is the author of the best-selling book, Verdict for the Defense (Sutton Hart Press 2011), and a co-author of The Class Action Fairness Act: Law and Strategy (ABA Publishing 2013). In 2013, 2014 and 2015, Rob was named in Law360's list of "Top Attorneys Under 40" for Class Actions.

Concentrations

  • Consumer class actions
  • Consumer protection litigation
  • Product defect litigation
  • False advertising
  • Unfair and deceptive trade practices
  • California Business & Professions Code § 17200
  • Consumer Legal Remedies Act
  • Products liability and mass torts
  • Complex commercial litigation
  • Trials
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Capabilities

Experience

  • Won summary judgment for a Fortune 50 retailer in a class action lawsuit alleging false and deceptive business practices in connection with the sale of oil change services.
  • Obtained complete dismissal of a putative class action against fire alarm manufacturer alleging safety defects and false advertising.
  • Obtained dismissal of putative class action against major brokerage firm alleging securities fraud and breach of fiduciary duty in connection with margin trading.  Dismissal affirmed by Ninth Circuit.
  • Obtained dismissal of a putative class action against a clothing manufacturer alleging products were mislabeled as “Made in the USA.”
  • Defeated class certification in case against Fortune 50 retailer alleging that asset protection employees were misclassified as managers.
  • Obtained dismissal of two putative class actions against alcoholic beverage manufacturer alleging product was not "all natural."
  • Obtained dismissal at the pleading stage of a putative nationwide class action against five major movie studios challenging the marketing of Blu-ray movies.
  • Obtained dismissal at the pleading stage of a putative class action against one of the largest video game studios claiming that product suffered from various defects and missing functionality.
  • Obtained dismissal at the pleading stage of a putative class against a Fortune 50 retailer challenging the marketing of, and fees associated with, lead-acid batteries.
  • Obtained dismissal at the pleading stage of a securities fraud mass action against one of the world’s largest real estate investment firms involving tenant-in-common investments in commercial property.
  • Obtained dismissal at the pleading stage on behalf of a major telecommunications provider in lawsuit alleging violations of equal protection, civil rights and consumer protection laws.
  • Acted as lead trial counsel in defense of government contractor against RICO, fraud, and breach of contract lawsuit seeking eight-figure damage award. Zero damages awarded after trial.
  • Acted as trial counsel in defense of the co-founder of the Hard Rock Cafe against fraud and breach of fiduciary duty lawsuit seeking eight-figure damages award. Unanimous defense jury verdict.
  • Obtained dismissal at the pleading stage of a putative nationwide class action against a major telecommunications provider in lawsuit alleging violations of federal and state telecom and consumer protection laws.
  • Obtained dismissal at pleading stage of putative nationwide class action against online credit monitoring service in lawsuit alleging violations of federal consumer protection laws.
  • Obtained dismissal at the pleading stage of putative nationwide class action against one of the nation's leading Internet marketing companies in lawsuit alleging false advertising; dismissal affirmed on appeal.
  • Represented Fortune 50 pharmaceutical company in consolidated and multidistrict litigation involving alleged off-label use of various medications; secured dismissal of hundreds of cases.
  • Obtained dismissal at the pleading stage of a products liability wrongful death lawsuit against major telecommunications provider.
  • Obtained dismissal at the pleading stage of putative nationwide class action against Internet marketing company in lawsuit alleging false advertising and violations of consumer protection laws.
  • Obtained dismissal at the pleading stage of a putative class action against one of California’s largest automobile insurers challenging installment service fees and seeking a nine-figure recovery.
  • Defended the world’s fifth largest insurer in parallel class action and attorney general litigation challenging annuity sales practices.
  • Obtained dismissal at the pleading stage of a putative class action against one of the nation’s largest beverage manufacturers challenging recycling and other business practices; decision affirmed on appeal.
  • Obtained dismissal at the pleading stage of an unfair competition lawsuit against international cosmetics manufacturer.
  • Obtained dismissal at the pleading stage of an unfair competition/privacy case filed against major telecommunications company.
  • Obtained dismissal of a patent infringement lawsuit against leading explosives manufacturer after an early claim-construction ruling.
  • Obtained summary judgment on behalf of a major jewelry manufacturer in copyright infringement case.
  • Obtained summary judgment on behalf of major consumer electronics retailer in case alleging unfair competition and trademark infringement.
  • Obtained preliminary injunction on behalf of a major telecommunications provider in counterfeiting/trademark infringement case.
  • Prevailed before en banc panel of Ninth Circuit Court of Appeal in litigation involving Constitutional and privacy violations.

Recognition & Leadership

  • Listed, Super Lawyers magazine, Southern California Super Lawyers, 2015-2016
    • "Rising Star," 2009-2014
  • Listed, Law360, "Rising Star," 2013-2015
    • Class Action, 2013-2015
    • Product Liability, 2013
  • Listed, The Legal 500 United States, 2013-2017, "Product Liability, Mass Tort and Class Action: Consumer Products"
  • Team Member, a Law360 "Food & Beverage Practice Group of the Year," 2015
  • Team Member, a Law360 "Products Liability Practice Group of the Year," 2011
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010
  • Member, American Bar Association, Litigation Section
    • Member, Appellate Practice Committee
    • Member, Class Action and Derivative Suits Committee
      • Co-Editor, Class Action and Derivative Suits Committee Newsletter
  • Member, Century City Bar Association
  • Member, Association of Business Trial Lawyers Los Angeles
  • Member, International Bar Association
  • Member, Los Angeles County Bar Association

Credentials

Education
  • J.D., University of Colorado Law School
    • Order of the Coif
    • Articles Editor, University of Colorado Law Review
  • B.A., summa cum laude, University of Denver
    • Member, Phi Beta Kappa
Admissions
  • California
  • Colorado
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California