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TONY WEIBELL
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Attorney at Law
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Introduction

Tony is an attorney in the Internet Strategy & Litigation group at international law firm Wilson Sonsini Goodrich & Rosati, where his practice focuses on intellectual property, consumer privacy, antitrust, and complex civil litigation.  Tony has been honored as a Rising Star in Northern California by Super Lawyers Magazine.

Tony represents clients large and small in both high- and low-profile litigation. A sample of his current and past representations include:

  • Google in In re Google Inc. Cookie Placement Consumer Privacy Litigation. Tony helped Google secure a successful 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.
  • Symantec in Gross v. Symantec. Tony helped Symantec obtain a withdrawal of the original complaint and dismissal with leave to amend of the first amended complaint in this consumer class action arising from allegations that certain registry-cleaning software developed by a subsidiary of Symantec did not perform as advertised. The case ultimately settled for less than the cost of litigation through trial.
  • YouTube in Viacom v. YouTube and English Premier League v. YouTube. Tony helped Google obtain summary judgment twice for YouTube (the second time following remand from the 2nd Circuit), and also a denial of the class plaintiffs motion for class certification in these copyright infringement actions that challenged YouTube's operations under the Digital Millennium Copyright Act. 
  • Netflix in In re Online DVD Rental Antitrust Litigation. Tony helped Netflix win on summary judgment in this consumer class action brought by current and former Netflix and Blockbuster subscribers alleging 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.
  • Live Nation in In re Live Concert Antitrust Litigation. Tony helped Live Nation win on summary judgment 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. Tony successfully obtained a 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. Tony helped Rudolph Technologies win on summary judgment 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. Tony helped secure a 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.
  • Jane Doe 106 in Third Degree Films v. Does 1-178. Tony successfully obtained a voluntary dismissal with prejudice for Jane Doe 106 in this mass copyright infringement action brought by a maker of pornographic films against individuals who allegedly used BitTorrent technology to download and share the plaintiff's film. WSGR succeeded in convincing the court that severance of the individual defendants from this mass infringement action was proper because the plaintiff was engaged in a mass "shakedown," using the subpoena power of the court to shake down the John or Jane Doe defendants who, regardless of their actual culpability, would rather pay an extortionate settlement than face the public humiliation of being named in a lawsuit accusing them of illegally downloading pornographic films.

SELECT CLIENTS:
  • Google
  • Linear Technology
  • Netflix
  • Rudolph Technologies
  • SanDisk
  • 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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