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TONY WEIBELL
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Attorney at Law
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Introduction
Tony is a partner at international law firm Wilson Sonsini Goodrich & Rosati. He represents clients large and small in complex civil litigation involving consumer class action, e-commerce, intellectual property, privacy, antitrust, false advertising, and contract disputes. Tony has been repeatedly honored as a Rising Star by Super Lawyers Magazine.

A sample of his current and past representations include:
  • Google in In re Google Inc. Cookie Placement Consumer Privacy Litigation. Secured dismissal of all claims in a landmark opinion in this multidistrict litigation made up of more than 20 consumer class actions arising from allegations that Google improperly placed tracking cookies on Safari and Internet Explorer web browsers. The case examined issues of first impression involving the Wiretap Act, Stored Communications Act, Computer Fraud and Abuse Act, and alleged invasion of consumer privacy.
  • Netflix in In re Online DVD Rental Antitrust Litigation. Won summary judgment for Netflix in this consumer class action brought by current and former Netflix and Blockbuster subscribers that alleged violations of federal antitrust laws arising from a 2005 promotional agreement between Netflix and Wal-Mart. Tony also helped Netflix secure cost awards against the plaintiffs for a total of more than $1.4 million in costs incurred by Netflix during the litigation.
  • Symantec in Gross v. Symantec. Obtained withdrawal of the original complaint and dismissal with leave to amend of the first amended complaint in this consumer class action involving claims for breach of warranty and violation of consumer protection laws arising from allegations that certain registry-cleaning software developed by a subsidiary of Symantec did not perform as advertised. The case later settled for less than the cost of litigation through trial.
  • Seagate in Pragmatus v. Seagate v. Enghouse. In this complex patent infringement litigation, Tony represents Seagate in asserting third-party claims against the software vendor responsible for the alleged infringement for breach of the vendor's duty to defend and indemnify Seagate in the patent litigation.
  • Align Technology in Buckley v. Align Technology. Obtained withdrawal of the original complaint and dismissal with leave to amend of the first amended complaint in this consumer class action involving claims for breach of warranty and violation of consumer protection laws arising from allegations that the Invisalign aligner system prescribed by the plaintiff's dentist did not work the way plaintiff believed it would.
  • SanDisk in Stanfield v. SanDisk. In this consumer class action alleging that SanDisk should have warned consumers of potential defects in certain flash memory cards that could cause them to fail when used in Samsung Galaxy III phones, Tony defends SanDisk against claims for breach of warranty, misrepresentation, and violation of consumer protections statutes.
  • YouTube in Viacom v. YouTube and English Premier League v. YouTube. Won summary judgment twice for YouTube (the second time following remand from the Second Circuit), as well as a denial of the class plaintiffs' motion for class certification in copyright infringement actions that challenged YouTube's operations under the Digital Millennium Copyright Act.
  • Live Nation in In re Live Concert Antitrust Litigation. Won summary judgment for Live Nation in this multidistrict litigation consisting of more than 20 consumer class actions alleging violations of federal antitrust laws arising from alleged anticompetitive promotion of live concerts.
  • Salebuild in Nexsales v. Salebuild. Obtained dismissal with leave to amend and a subsequent voluntary dismissal with prejudice for Salebuild in this trade secret misappropriation and employee-poaching action brought by a competitor.
  • Rudolph Technologies in Nikoonahad v. Rudolph Technologies. Won summary judgment for Rudolph Technologies in this action brought by a former consultant alleging breach of contract claims arising from an alleged misappropriation of trade secrets and patented scatterometry technology.
  • Netflix in In re Netflix Antitrust Litigation. Secured dismissal with prejudice for Netflix in this consumer class action alleging violations of federal and state antitrust laws arising from alleged enforcement of fraudulently obtained patents.
  • Rambus in In re Rambus Antitrust Litigation. Obtained voluntary dismissal in this multidistrict consumer class action alleging consumers paid higher prices for electronic devices because Rambus allegedly engaged in an anticompetitive patent "hold-up" of the DRAM industry after its patented technology was adopted by the DRAM standard-setting organization.

During law school, Tony was an extern for the Honorable Lawrence J. Block of the United States Court of Federal Claims in Washington, D.C.


SELECT CLIENTS:
Google
Linear Technology
Netflix
Rudolph Technologies
SanDisk
Seagate
Symantec
YouTube


ADMISSIONS:
State Bar of California
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court
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