Wesley Sze is an associate in the Palo Alto office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and is a member of the Class Actions, Privacy, Cybersecurity, and Data Innovation, and Securities Litigation Practice Groups.
Wesley represents leading companies in a wide range of complex litigation in all phases of litigation, including pre-trial discovery and substantive motions practice. In particular, he has significant experience advising clients in the technology and media industries on matters involving federal and state consumer fraud claims and data privacy issues.
He also maintains an active pro bono practice, with a focus on immigrant rights and constitutional litigation.
- Representing software and hardware technology company in multidistrict class action litigation regarding flagship mobile device.
- Representing technology companies in class action litigation arising out of alleged data security incidents.
- Representing cloud software provider in first putative class action alleging securities law violations based on direct listing on the New York Stock Exchange.
- Representing cryptocurrency exchange in litigation regarding crypto-asset recovery issues.
- Obtained published opinion from the California Court of Appeal affirming dismissal of a putative class action alleging violation of “trespass to chattels” by accessing electronic files. 79 Cal. App. 5th 755 (2022).
- Secured dismissal of multiple negligence and products liability actions against leading technology company on the pleadings, and defended those dismissals on appeal.
- Obtained order decertifying a Telephone Consumer Protection Act class action of over 320,000 individuals against technology company.
- Secured multiple orders quashing subpoenas seeking identifying information about anonymous blogger, in violation of the blogger’s First Amendment rights. 337 F.R.D. 639 (N.D. Cal. 2020).
- Represented a leading technological company in bid protest of multi-billion dollar cloud computing contract, successfully securing preliminary injunction and ultimately resulting in cancellation of contract to competitor.
- Secured dismissal of Section 16(b) “short-swing” profits claim involving withholding of restricted stock units, and successfully defended the judgment on appeal. 2018 WL 575468 (N.D. Okla. 2018), aff’d, 760 F. App’x 620 (10th Cir. 2019).
Select Pro Bono Matters
- Representing asylum seekers at all stages of the immigration process, including obtaining favorable results from the Ninth Circuit, Board of Immigration Appeals, Immigration Court, and Asylum Office for clients from El Salvador, Honduras, Mexico, and Eritrea.
- Won preliminary injunction ordering immediate reunification of asylum seeker and her 3-year-old son, who had been forcibly separated at the U.S.-Mexico border pursuant to the government’s “Zero Tolerance” policy. 2018 WL 10050356 (D.D.C. Dec. 4, 2018).
- Obtained appellate order reversing illegal seizure of veteran disability benefits from inmate trust account. 781 F. App’x 593 (9th Cir. 2019), on remand from 139 S. Ct. 790 (2019).
Wesley received his law degree from Stanford Law School, where he served as a Technical Managing Editor and Notes Editor of the Stanford Law Review. His Stanford Law Review note, 68 Stan. L. Rev. 235 (2016), was awarded the 2016 Scribes Law-Review Award for the best student-written article in a law review or journal.
He earned his Bachelor of Arts degree in Economics from the University of British Columbia, where he graduated as class valedictorian. Before law school, Wesley conducted monetary policy research at the Bank of Canada.
Wesley is a member of the State Bar of California and is admitted to practice in the U.S. Courts of Appeals for the Ninth and Tenth Circuits and the U.S. District Courts for the Northern, Central, and Southern Districts of California.