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TONY WEIBELL
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Introduction

Tony is a partner at international law firm Wilson Sonsini Goodrich & Rosati. He represents clients in complex civil litigation involving consumer class action, e-commerce, intellectual property, privacy, antitrust, false advertising, and contractual disputes. A sample of his current and past representations include:

  • Google in In re Google Inc. Cookie Placement Consumer Privacy Litigation. Secured dismissal (affirmed on appeal, petition to U.S. Supreme Court pending) of all federal claims and most state law claims in two landmark opinions 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. The Ninth Circuit Court of Appeals affirmed the judgment and more than $400,000 in costs awarded to Netflix against the class plaintiffs.
  • Turn in Michael v. Verizon Communications, Inc. et al., Henson v. Turn, and Kay v. Turn. Obtained voluntary dismissal of Michael, prevailed on motion to compel arbitration of all claims in Henson, and prevailed on motion to stay pending arbitration in Kay. In these consumer class actions, the Verizon subscriber plaintiffs challenge Turn and Verizon's use of so-called "super cookies" or "zombie cookies" to deliver targeted advertisements to Internet web browsers. The plaintiffs allege the creation and use of such cookies was an invasion of privacy, trespass to chattel, and violation of the federal Computer Fraud and Abuse Act (CFAA), the Video Privacy Protection Act (VPPA), and state consumer protection laws.
  • Seagate in Pragmatus v. Seagate v. Enghouse. In this complex patent infringement litigation, after the patent claims settled, Tony successfully represented Seagate in obtaining summary judgment on Seagate’s 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.
  • 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 successfully defended SanDisk against claims for breach of warranty, false advertising, misrepresentation, and violation of consumer protections statutes (CLRA and Cal. Bus. & Prof. Code §§17200 et seq.).
  • Align Technology in Buckley v. Align Technology. Obtained dismissal with prejudice of this consumer class action involving claims for breach of warranty, false advertising, and violation of consumer protection laws arising from allegations that the Invisalign aligner system prescribed by the plaintiff's dentist did not work as anticipated by the plaintiff. The case involved unique issues under the learned intermediary doctrine whereby the duty to warn for a prescription product runs to the doctor and not to the patient.
  • 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.
  • Integrated Silicon Solution Inc. (ISSI) in GSI Technology v. United Memories, et al. In this sour grapes competitor lawsuit brought by GSI after it lost a bid to ISSI to provide high-performance chips to a high-profile customer, Tony represents ISSI in defending against allegations that ISSI colluded to engage in various anticompetitive acts aimed at GSI. 
  • 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 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.
SELECT CLIENTS:
  • Google
  • Netflix
  • SanDisk
  • Seagate
  • Symantec
  • YouTube
EDUCATION:
  • J.D., J. Reuben Clark Law School, Brigham Young University
    With Honors; Member, Moot Court Team and Trial Advocacy Team; Repeat recipient, Best Oral Advocate and Best Brief awards in moot court competitions
  • M.S., Civil and Environmental Engineering (minor in Engineering Management), Brigham Young University
    Master's Thesis: "Engineer Liability and Litigation Avoidance Strategy as Applied to the 1989 Failure of the Quail Creek Dike," (on file at Lee Library, BYU)
  • B.S., Civil and Environmental Engineering, Brigham Young University
HONORS:
  • Named to the 2013, 2014, and 2015 "Rising Stars" list published by Northern California Super Lawyers
SELECT PUBLICATIONS:
  • Co-author with R. Strickland and M. Reed, "U.S." chapter, Litigation & Dispute Resolution, Fourth Edition, Global Legal Insights, 2015
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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