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Profile Picture

Christopher Chorba

Christopher
Chorba

Partner

CONTACT INFO

cchorba@gibsondunn.com

TEL:+1 213.229.7396

FAX:+1 213.229.6396

Los Angeles

333 South Grand Avenue, Los Angeles, CA 90071-3197 USA

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PRACTICE

Class Actions Appellate and Constitutional Law Artificial Intelligence Betting and Gaming Energy Energy, Regulation and Litigation Environmental Litigation and Mass Tort FDA and Health Care Fashion, Retail and Consumer Products Insurance and Reinsurance Law Firm Defense Litigation Media, Entertainment and Technology Privacy, Cybersecurity and Data Innovation

BIOGRAPHY

Chris Chorba is co-chair of the firm’s Class Actions Practice Group.  He specializes in defending class actions and complex litigation, and he has been recognized in Chambers USA: America’s Leading Lawyers for Business and in Best Lawyers in America for Commercial Litigation. Law360 also named Mr. Chorba a “Class Action MVP,” which profiles attorneys who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”

Mr. Chorba has had substantial experience litigating a broad range of complex commercial matters at the trial and appellate level in California and throughout the country. His litigation and counseling experience includes work for companies in every industry, including automotive, beauty and cosmetic, consumer products, education, entertainment, financial services, food and beverage, social media, sports, technology, telecommunications, insurance, health care, life sciences, retail, and utility / energy.

After graduating cum laude from the Georgetown University School of Foreign Service, Mr. Chorba received his J.D. from the University of Virginia School of Law, where he served on the Editorial Board of the Virginia Law Review. He is admitted to practice before all state and federal courts in California, the Ninth Circuit Court of Appeals, and the Supreme Court of the United States.

Class and Representative Actions

Mr. Chorba is a nationally recognized expert in defending class actions, including claims involving California’s Unfair Competition and False Advertising Laws (Business & Professions Code § 17200 and § 17500), the Consumers Legal Remedies Act (California Civil Code § 1750 et seq.), the Lanham Act, and the Class Action Fairness Act of 2005.  His representative class and representative actions include the following:

  • Secured an order denying Rule 23(b)(2) and (b)(3) certification in a putative class action challenging the accuracy of Facebook’s ad targeting. IMB v. Facebook, Inc., 2021 WL 3771785 (N.D. Cal. Aug. 24, 2021).
  • Defended major technology manufacturer in nationwide multi-district litigation (MDL 2827) involving flagship smartphone devices. Secured early ruling dismissing all statutory and common law fraud claims with prejudice, as well as all claims based on a broad theory that the devices were “defective.”  386 F. Supp. 3d 1155 (N.D. Cal. 2019).  Negotiated nationwide class settlement, and assisted with companion state JCCP action and other proceedings across the country.
  • Secured dismissal with prejudice of UCL and express warranty claims in putative class actions alleging “defect” in 8-speed automatic transmissions in several Toyota vehicles. Loo v. Toyota Motor Sales, USA, Inc., 2020 WL 4187918 (C.D. Cal. Apr. 10, 2020); Morales v. Toyota Motor Sales, USA, Inc., 2020 WL 4723975 (C.D. Cal. Apr. 27, 2020).
  • Defended entertainment company and content creator in putative class action alleging that placement of videos on YouTube constitutes a violation of federal Children’s Online Privacy Protection Act (“COPPA”) and California state privacy laws. Court dismissed all claims as preempted.  Hubbard v. Google LLC, et al., 2021 WL 2711748 (N.D. Cal. July 1, 2021).
  • Defended American Home Shield and affiliates in putative class actions and “mass” arbitrations involving home warranty contracts. Tried several dozen arbitrations to successful resolutions.
  • After defeating class certification, secured case-terminating sanctions in long-running action against pharmacy benefits managers (PBMs) for spoliation of evidence. Jerry Beeman & Pharmacy Servs., Inc. v. Caremark Inc., 322 F. Supp. 3d 1027 (2018). Secured appellate ruling affirming judgment on separate ground (collateral estoppel).  Beeman v. Anthem Prescription Mgmt., Inc., 780 F. App’x 486 (2019).
  • Defeated class certification in a series of significant overpayment recovery class actions against a major health insurer and plan administrator. Plaintiffs sought certification under every prong of Rule 23—(b)(1), (b)(2), (b)(3), and (c)(4), and court rejected certification on all grounds, even though other courts had granted certification in similar cases.
  • Obtained order decertifying Telephone Consumer Protection Act (TCPA) class action against major technology company. Johnson v. Yahoo!, Inc., 346 F. Supp. 3d 1159 (N.D. Ill. 2018).  Following decertification, obtained summary judgment determining that company’s system did not qualify as an automatic telephone dialing system (ATDS) as required to support TCPA claim.  Johnson v. Yahoo! Inc., 2018 WL 835339 (N.D. Ill. Feb. 13, 2018).
  • Defending University of Southern California against high-profile ERISA retirement fees class action. Secured dismissal of all individual defendants and all claims for breach of duty of loyalty and “prohibited transactions,” and persuaded court to strike demand for jury trial.
  • Representing J.C. Penney in UCL enforcement action brought by Los Angeles City Attorney challenging “reference pricing” practices of leading retailers. On appeal, secured a ruling that led to dismissal of Cal. Bus. & Prof. Code § 17501 claim as unconstitutional under the First Amendment and California Liberty of Speech Clause.  People v. Super. Ct. (J.C. Penney Corp., Inc.), 34 Cal. App. 5th 376 (2019).
  • Secured dismissals with prejudice in several class actions against PepsiCo and its affiliates, including the first dismissal with prejudice of “all natural” claim (Hairston v. South Beach Bev. Co., 2012 U.S. Dist. LEXIS 74279 (C.D. Cal. May 18, 2012)) and dismissal with prejudice of Prop. 65 claim (Riva v. PepsiCo, Inc., 2015 U.S. Dist. LEXIS 26494 (N.D. Cal. Mar. 4, 2015)).
  • Secured the dismissal of several other putative class actions on the pleadings. Jimenez v. Coventry Health & Life Ins. Co., 2016 WL 5858738 (D. Ariz. Oct. 3, 2016); Parker v. iolo technologies, LLC, 2012 U.S. Dist. LEXIS 138803 (C.D. Cal. Aug. 20, 2012); Wright v. General Mills, 2009 U.S. Dist. LEXIS 90576 (S.D. Cal. Sept. 30, 2009); McKinniss v. General Mills, 2007 U.S. Dist. LEXIS 96107 (C.D. Cal. Sept. 18, 2007).

Appeals

Mr. Chorba has argued several appeals before the federal and state courts of appeal, including the United States Court of Appeals for the Ninth Circuit:

  • Secured dismissal with prejudice of novel “car hacking” claims against Toyota based on the lack of Article III standing, and defended that judgment on appeal. Cahen v. Toyota Motor Corp., 147 F. Supp. 3d 955 (N.D. Cal. Nov. 25, 2015), aff’d, 2017 WL 6525501 (9th Cir. 2017).
  • Represented leading technology company in data privacy class action alleging violations of Wiretap Act, California Invasion of Privacy Act, and other statutes. Secured denial of certification of all claims for statutory damages, and prevailed on appeal in defending classwide settlement for only injunctive relief.  Campbell v. Facebook, Inc., 951 F.3d 1106 (9th Cir. 2020).
  • Obtained dismissals with prejudice of all five product liability actions against major technology company involving alleged liability for “distracted driving” accidents, and successfully defended all of these wins on appeal. See, e.g., CADD, 2018 WL 2016665 (Cal. Ct. App. May 1, 2018); Modisette, 30 Cal. App. 5th 136 (2018); Meador, 911 F.3d 260 (5th Cir. 2018).
  • Secured the reversals on appeal of judgments totaling $295 million in three certified class actions in New Mexico and California involving installment payment plans for auto insurance policies. Nellis v. Farmers Ins. Co. of Ariz., 2011 N.M. App. LEXIS 114 (N.M. Ct. App. Sept. 20, 2011); Nellis v. Mid-Century Ins. Co., 2011 N.M. App. Unpub. LEXIS 344 (N.M. Ct. App. Sept. 20, 2011); Troyk v. Farmers Group, Inc., 171 Cal. App. 4th 1305 (2009).
  • Successfully defended the dismissal with prejudice of UCL claims alleging consumer deception of birthstone descriptions for high school class rings. Pocino v. Jostens, 2006 Cal. App. Unpub. LEXIS 3852 (Cal. Ct. App. May 3, 2006).

Trials

  • Assisted in the defense of a complex fraud and civil conspiracy action brought by the California Insurance Commissioner, which resulted a favorable defense verdict on five of six liability claims and all claims for monetary damages following a lengthy federal jury trial spanning several months in 2005, and a post-verdict order rejecting any punitive damages. Secured favorable jury verdict in limited retrial in 2012, resulting in no award of compensatory damages despite the Commissioner’s demand for $4 billion. The Daily Journal recognized this victory as one of its Top Defense Verdicts of the year.
  • Retained by product manufacturer to handle federal Lanham Act trial following an adverse, eight-figure jury verdict after initial trial in 2012. Secured exclusion of all damages evidence on the eve of the retrial, which resulted in a complete win for our client on all of plaintiff’s claims.  Successfully defended the favorable judgment on appeal. Munchkin, Inc. v. Playtex Prod., LLC, 600 F. App’x 537 (9th Cir. 2015), as amended (July 31, 2015).

Other Complex Litigation

  • Successfully pursued claims on behalf of a utility company and secured a published decision declaring a city ordinance an unconstitutional violation of the Contract Clause, and obtained a substantial award of attorneys’ fees for the client.  So. Cal. Gas Co. v. City of Santa Ana, 202 F. Supp. 2d 1129 (C.D. Cal.), aff’d, 336 F.3d 885 (9th Cir. 2002).  Litigated similar claims against another municipality, and secured favorable summary judgment ruling and award of attorneys’ fees. So. Cal. Gas Co. v. City of Alhambra, 2011 U.S. Dist. LEXIS 107514 (C.D. Cal. June 6, 2011).
  • Persuaded Los Angeles Superior Court to dismiss all claims against German motor vehicle manufacturer for lack of personal jurisdiction, and successfully defended that victory on appeal. ZAP v. DaimlerChrysler AG et al., 2008 Cal. App. Unpub. LEXIS 1392 (Cal. Ct. App. Feb. 21, 2008), review denied (Cal. May 14, 2008).
  • Secured dismissal with prejudice of all federal and state false advertising claims against Playtex Products, based on expiration of statute of limitations. Baby Trend v. Playtex Products, LLC, 2013 WL 4039451 (C.D. Cal. Aug. 7, 2013).
  • Secured dismissal of all claims with prejudice against First Health and Coventry in putative class action challenging health care coverage in auto insurance policies. Jimenez v. Progressive Cas. Ins. Co., 2016 WL 5858738 (D. Ariz. Oct. 3, 2016).

Selected Publications

  • Associate Editor, American Bar Association, A Practitioner’s Guide to Class Actions (and co-author of chapters on “Other Due Process Challenges to Class Device” and “Aggregation or Stacking of Penalties or Punitive Measures”)
  • Chapters on “Bus. & Prof. Code §§ 17200 and 17500, and the California Consumers Legal Remedies Act,” in California Civil Procedure Before Trial: Claims and Defenses(The Rutter Group)
  • “Expert Analysis of Class Certification Issues,” in Litigation Services Handbook: The Role of the Financial Expert

Selected Presentations

  • Co-Chair of Steering Committee, Cambridge Forum on Defense of Class Action Litigation
  • “Class Action Trends in the Appellate Process,” Western Alliance Bank 3rd Annual Class Action Law Forum, April 22, 2021
  • “Drafting Blow-Up Provisions in Class Action Settlement Agreements,” Strafford Webinars, October 28, 2020.
  • “Resolving The Dispute Over Injunctive Relief Class Actions,” Bridgeport Consumer Class Action Litigation Conference, January 8, 2016
  • “State of the Law on Consumer Class Actions,” 2015 National Consumer Class Action Litigation & Management Conference (Bridgeport), January 9, 2015
  • “Other Pivotal Residential Mortgage Class Action Issues Currently in Play and Coming Down the Pike from the U.S. Supreme Court:  Class Certifications, CAFA, Removal and More,” 12th National Forum on Residential Mortgage Litigation & Regulatory Enforcement (ACI), January 16, 2014
  • “Overview of U.S. Class Actions, Defending and Managing Litigation Against Financial Institutions” (C5 Global Conferences, London UK), November 28-29, 2012

EDUCATION

University of Virginia - 2001 Juris Doctor

Georgetown University - 1996 Bachelor of Science

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Client Alert - January 26, 2023 | Year-End and Fourth Quarter 2022 Update on Class Actions
Client Alert - October 31, 2022 | Third Quarter 2022 Update on Class Actions
Client Alert - August 23, 2022 | Class Actions to Reshape the Litigation Landscape in Europe in 2023
Client Alert - July 28, 2022 | Second Quarter 2022 Update on Class Actions
Client Alert - April 28, 2022 | First Quarter 2022 Update on Class Actions
Client Alert - April 11, 2022 | Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues
Client Alert - January 27, 2022 | Year-End and Fourth Quarter 2021 Update on Class Actions
Client Alert - November 2, 2021 | Third Quarter 2021 Update on Class Actions
Client Alert - August 23, 2021 | Second Quarter 2021 Update on Class Actions
Client Alert - June 25, 2021 | Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages
Client Alert - April 28, 2021 | First Quarter 2021 Update on Class Actions
Client Alert - January 22, 2021 | Year-End and Fourth Quarter 2020 Update on Class Actions
Client Alert - November 10, 2020 | Third Quarter 2020 Update on Class Actions
Client Alert - July 24, 2020 | Second Quarter 2020 Update on Class Actions
Client Alert - April 24, 2020 | First Quarter 2020 Update on Class Actions
Client Alert - January 31, 2020 | Year-End and Fourth Quarter 2019 Update on Class Actions
Client Alert - November 6, 2019 | Third Quarter 2019 Update on Class Actions
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Client Alert - July 25, 2019 | Second Quarter 2019 Update on Class Actions
Client Alert - May 14, 2019 | First Quarter 2019 Update on Class Actions
Publications - March 13, 2019 | So will a Martian invasion extend the Rule 23(f) deadline?
Publications - January 18, 2019 | Fourth Quarter 2018 Update on Class Actions
Firm News - November 28, 2018 | Law360 Names Eight Gibson Dunn Partners as MVPs
Client Alert - October 24, 2018 | Third Quarter 2018 Update on Class Actions
Client Alert - July 18, 2018 | Second Quarter 2018 Update on Class Actions
Client Alert - May 4, 2018 | First Quarter 2018 Update on Class Actions
Client Alert - January 30, 2018 | Fourth Quarter 2017 Update on Class Actions
Client Alert - November 7, 2017 | Third Quarter 2017 Update on Class Actions
Client Alert - August 1, 2017 | Second Quarter 2017 Update on Class Actions
Client Alert - May 19, 2017 | First Quarter 2017 Update on Class Actions
Client Alert - March 13, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law
Article - February 9, 2017 | Post-Spokeo Issues Emerge in the 5th Circuit
Client Alert - February 1, 2017 | 2016 Year-End Update on Class Actions
Client Alert - October 27, 2016 | Third Quarter 2016 Update on Class Actions
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
Client Alert - February 1, 2016 | 2015 Year-End Update on Class Actions
Client Alert - January 30, 2015 | 2014 Year-End Update on Class Actions
Article - July 1, 2014 | Finishing Some “Unfinished Business” – California And New York Courts Reject “Unfinished Business” Claims Involving Dissolved Law Firms
Client Alert - May 30, 2014 | California Supreme Court Unanimously Rejects Statistical Sampling That Deprived Class Action Defendant of Its Ability to Present Individualized Defenses
Article - November 22, 2013 | The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion
Client Alert - June 25, 2013 | U.S. Supreme Court Reaffirms Enforceability of Class Arbitration Waivers
Client Alert - February 20, 2013 | Class Actions Update: Key Trends and Key Cases in the Year Ahead
Client Alert - July 1, 2012 | Jewel v. Boxer Remains Center Stage as N.Y. Federal Court Applies ‘Unfinished Business’ Doctrine in Coudert Bros. Liquidation
Client Alert - May 7, 2012 | Washington State Passes New Unfair Competition Law to Crack Down on Pirated Software
Client Alert - May 1, 2012 | Crafting a Successful E-Mail Notification Program
Client Alert - February 1, 2012 | More Than Your Firm Bargained For: The “Unfinished Business” Doctrine of Jewel v. Boxer
Client Alert - January 30, 2012 | 2011 Year-End Update on Class Actions
Client Alert - July 5, 2011 | California Supreme Court Extends California Overtime Laws to Non-California-Based Employees When Working in the State
Client Alert - April 27, 2011 | U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act
Client Alert - February 28, 2011 | A Return to the Wild West for Calif. UCL Actions
Client Alert - February 23, 2011 | California Supreme Court Holds That Recording Customers’ ZIP Codes in Credit Card Transactions Can Violate California Consumer Law
Client Alert - January 31, 2011 | “Made in the U.S.A.” Decision Threatens Return to the “Wild West” for California Unfair Competition Law Class Actions
Client Alert - January 27, 2011 | Turning Back from the Abyss: D.C. Court of Appeals Puts An End To “No Injury” Representative Actions Under D.C. Consumer Law
Client Alert - September 13, 2010 | 2010 Fall Update on Class Actions: The Plaintiffs’ Bar on the Move
Article - September 1, 2010 | Other Due Process Challenges To The Class Device
Client Alert - August 17, 2010 | U.S. Court of Appeals for the Eleventh Circuit Issues Decision Curtailing Federal Jurisdiction Over Class Actions
Client Alert - May 3, 2010 | U.S. Supreme Court Limits Availability of Class Action Arbitration
Client Alert - April 2, 2010 | United States Supreme Court Invalidates State Limit on Class Actions in Federal Diversity Action
Client Alert - February 24, 2010 | United States Supreme Court Adopts the “Nerve Center” Test to Determine a Corporation’s Principal Place of Business
Client Alert - January 7, 2010 | Discovery Prior To Class Certification: New Considerations And Challenges
Client Alert - July 14, 2009 | Ninth Circuit Issues A Trilogy Of Decisions That May Significantly Enhance Defendants’ Ability To Contest Class Certification And Liability
Client Alert - May 26, 2009 | Warning–This Decision May Be Hazardous to Your Health: The Supreme Court of California Clarifies the Scope of Proposition 64’s Standing Amendments to the Unfair Competition Law
Client Alert - April 27, 2009 | Supreme Court of California Exempts Life Insurance Products from Scope of California’s Consumers Legal Remedies Act
Client Alert - April 24, 2009 | 2009: First-Quarter Update on Class Action Trends
Client Alert - February 10, 2009 | Year-End Update On Class Actions: Explosive Growth in Class Actions Continues Despite Mounting Obstacles to Certification
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