Mr. McGuinness has represented retailers in a variety of nationwide and statewide consumer class actions, including under the California Unfair Competition Law (Business & Professions Code §§ 17200 et seq. & 17500 et seq.), California Civil Code section 1747.08 of the Song-Beverly Credit Card Act (collection of personal information in a credit card transaction) and the New York General Business Law. As a member of the Consumer Financial Services group, Mr. McGuinness represents clients and advises on matters involving consumer protection statutes and regulations; privacy and information security; and state unfair and deceptive trade practices claims.
Mr. McGuiness has extensive experience representing companies in a wide variety of general and complex business disputes, including cases involving claims for breach of contract, negligence, fraud, antitrust and veil piercing in various federal and state courts. He also represents clients in employment and telecommunications matters, and has argued before various federal and state courts of appeals, including the First Circuit Court of Appeals.
In the insurance recovery area, Mr. McGuiness represents individuals and corporate policyholders in securing insurance coverage in matters involving trademark, copyright and patent infringement claims and counsels clients on directors’ and officers’ liability.
Representative Experience
Represented a luxury brand apparel company in putative class actions under state consumer protection statute with respect to client’s rewards program.Successfully obtained numerous favorable rulings on issues of first impression under the Class Action Fairness Act and California state law. Most notably, obtained a ruling holding that under the consumer protection statute at issue, plaintiffs were not entitled to a jury trial, and the purpose of the statute was not to compensate plaintiffs. See Shabaz v. Polo Ralph Lauren Corporation, 586 F. Supp. 2d 1205 (C.D. Cal. 2008) (granting motion to dismiss in substantial part, and striking plaintiff's jury demand); see also Korn v. Polo Ralph Lauren Corporation, 536 F. Supp. 2d 1199 (E.D. Cal. 2008) (holding, in issue of first impression, that the amount in controversy met CAFA's jurisdictional requirement where plaintiff explicitly sought civil penalties in the statutory maximum amount of one thousand dollars, and defendant demonstrated that there were at least 5,001 putative class claims); Korn v. Polo Ralph Lauren Corporation, 644 F. Supp. 2d 1212 (E.D. Cal. 2008) (among other things, in issue of first impression, dismissing claim for injunctive relief on the ground that only government officials, and not private actors, may obtain such relief under Section 1747.08). These rulings led to highly favorable settlements on behalf of client.
Represented national retailer in putative nationwide class action under NY consumer protection statute with respect to client’s brand loyalty program.
Successfully obtained dismissal of the action in its entirety on the ground that the documentary evidence attached to the motion refuted the factual underpinnings of plaintiff’s claims. Held v. Macy’s, Inc., Case No. 00319/09, 2009 WL 3465945 (N.Y. Sup. Ct. Oct. 19, 2009).
Represented company in putative class action alleging that company’s “paintless dent repair” product was a form of insurance unlawfully sold by an automobile dealer in violation of the federal Truth-in-Lending Act and New York’s consumer protection statute. A favorable settlement was reached for our client.
Assisted in defending against a class action lawsuit brought by Enron shareholders against JPMorgan Chase and other defendants.
Co-lead counsel in litigation and appeals on behalf of competitive local exchange telecommunications carriers (CLECs), focusing on the collection of interconnection charges, enforcement of interconnection rights and defending against veil piercing claims.
Successfully secured insurance coverage on behalf of a client sued for infringement and misappropriation of a unique and specialized computer software after the insurance company denied a request for costs to defend the action and to indemnify the client for any award, settlement or judgment that was achieved.
As lead counsel, in issue of first impression, successfully obtained on behalf of a communications client a petition for declaratory statement regarding the interpretation of Florida licensing statute.
Represent company in lawsuit involving antitrust and false advertising claims relating to the placement of in-store at shelf advertisements.
Lead counsel for client in FINRA arbitration to expunge adverse inferences placed on client’s Form U-5 by former employer.
Member of attorney trial team in a billion dollar lawsuit on behalf of JPMorgan Chase against 11 insurance companies relating to surety bonds on commodities transactions with Enron. A favorable settlement for our client was reached during jury deliberations.
Member of attorney team representing JPMorgan Chase in multi-billion dollar adversary proceedings brought by Enron in its Chapter 11 case. Proceedings settled.
Served as insurance coverage and appellate counsel to a former lead paint manufacturer in state court actions to recover insurance funds for bodily injury and property damage claims.
