Chad Fuller is a partner in Goodwin Procter’s Litigation Department, where he focuses on the defense of consumer class actions and general business litigation.
Mr. Fuller has substantial experience defending major consumer class action litigation in cases involving alleged false advertising, product defects, charging for fees and services by a variety of businesses, including computer, software, telecommunications, home warranty, insurance brokerage, and auto finance companies. He is well versed in California’s Unfair Competition Statutes, including Business & Professions Code Section 17200. He has tried cases to verdict before courts and private arbitrators and has substantial experience in mediation.
WORK FOR CLIENTS
Mr. Fuller’s recent class action representations include:
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Campion v. Old Republic Home Protection – represented Old Republic Home Protection in nationwide class action involving home warranty plans.
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Preziosi v. The Brunton Company – represented Brunton in a California class action involving allegations of defective camping stoves.
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Davis v. Carbonite – represented Carbonite in California class action involving alleged data storage loss and violations of state and federal privacy laws. Settled for nuisance value.
- MDL Pet Food Litigation – lead counsel in a nationwide multidistrict litigation (“MDL”) involving contaminated rice protein concentrate from China. Settled case on extremely favorable terms. Handled all aspects of claims management, including cy pres funds.
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Saulic v. Symantec Corporation – represented Symantec in a nationwide class action involving credit card billing issues over the Internet. Defeated class certification and obtained complete dismissal.
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Kinder v. Microsoft – represented Microsoft in a California class action involving TCPA claims arising from alleged improper use of predictive dialers. Case dismissed at pleading stage.
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Cappicchioni v. AmeriCredit – represented AmeriCredit in California class action involving alleged violations of California Penal Code Section 632 (wire tapping statute). Case dismissed at pleading stage.
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Lemieux v. HSBC – represented HSBC in California class action for violation of TCPA involving collection activities. Case dismissed for nuisance value.
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Slocum v. State Farm – represented State Farm in a California class action involving installment payments of insurance premiums. Case dismissed on pleadings after three years of litigation.
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Gregory v. Hewlett Packard – represented Hewlett Packard in a nationwide consumer class action filed in San Diego Superior Court alleging that Hewlett Packard’s Pavilion laptop computers contained a defective motherboard that caused the computers to hang, freeze and lock.
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Barbara E. Gordon v. Bank of America – successfully defended Bank of America in class action lawsuit alleging that the bank’s practices with respect to loan payoff fees violated California Civil Code Section 2943 and constituted an unfair and unlawful practice pursuant to California’s Unfair Practices Act (Business and Professions Code § 17200).
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Michaelson v. Bank of America – represented the bank in California class action brought under Business and Professions Code § 17200 challenging the bank’s practices regarding check hold periods. After filing a demurrer and highlighting the weaknesses of the plaintiff’s claims, the case was voluntarily dismissed.
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Washington Mutual v. Gan – represented Washington Mutual in class action brought under the Real Estate Settlement Procedures Act, successfully resisting class certification and discovery efforts.
Mr. Fuller’s other significant litigation matters include:
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Beard v. Bank of America – represented Bank of America in a complicated lease improvement dispute in downtown La Jolla dating back to the 1950s.
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Tavant Technologies v. AmeriCredit – represented AmeriCredit in a disputed software licensing and development agreement relating to auto finance software.
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KITCO v. Allied Swiss Screw Products – represented KITCO in arbitration and state court litigation arising from an asset sale and earn-out provision.
- Oppenheimer Funds – represented former employee in connection with FBI investigation and criminal allegations against Broadcom.
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Selling Source v. Red River Ventures – represented Red River Ventures and its founders in federal court over misappropriation of trade secret and data security claims alleged by Selling Source in connection with online micro loans.
- Sony Electronics North America – supervise and manage SEL’s third-party subpoena program
PROFESSIONAL ACTIVITIES
Mr. Fuller is a member and on the executive committee of the board of directors for the University of San Diego School of Law, a barrister to the Honorable J. Clifford Wallace American Inn of Court and a member of the American Bar Association. Previously, he was co-chair of the San Diego County Bar Association’s Litigation Section.
MEDIA
Mr. Fuller is the co-author of “Class Action Exposure Post-Concepcion” in Technology Law360 (May 2011), “Case Study: Schnuerle v. Insight” in Class Action Law360 (January 2011), “Two Recent Class Action Decisions Further Develop Pleading Requirements Under California’s Unfair Competition Law” in Antitrust & Trade Law Report (August 2010) and “Potential New Life for Nationwide Class Actions” in Product Liability Law360 (April 2010).
Mr. Fuller presented “Alternatives to Formal Binding Arbitration” at Bridgeport’s All About Arbitration Seminar on January 13, 2012, and “Alternatives to Formal Arbitration – Mandatory Judicial Arbitration, Judicial Reference, and Agreements to Arbitrate only Particular Issues or Claims” at Bridgeport’s Consumer Class Actions in California Seminar on January 27, 2012.
PROFESSIONAL EXPERIENCE
Prior to joining Goodwin Procter, Mr. Fuller was a partner at Foley & Lardner. He is a former judicial extern to the Honorable Napoleon A. Jones, Jr., of the U.S. District Court for the Southern District of California.
From 1981-1989, Mr. Fuller served in the U.S. Marine Corps and attained the rank of sergeant, meritoriously. As a sergeant, he was the honor graduate and first in his class at Non-Commissioned Officer Leadership Academy, Class 1-87.
BAR AND COURT ADMISSIONS
Mr. Fuller is admitted to practice in California and before the U.S. District Courts for the Central, Southern and Northern Districts of California.