Ms. McLean is a partner in the Business Trial practice group in the firm's San Francisco office.
Areas of Practice
Ms. McLean's practice focuses on the defense of complex class actions, with particular emphasis on consumer finance and product liability. She represents auto finance companies and other financial institutions, insurance companies, and other providers of consumer products and services with regard to alleged unfair business practices, consumer disclosure issues, and mortgage and auto lending claims. She also represents major manufacturers in the tobacco, building products, and chemicals industries in multistate class actions and public entity cost-recovery litigation.
Recently, she has litigated issues at the vanguard of California law on the enforcement of consumer arbitration clauses containing class action waivers, e.g., Arguelles-Romero v. Superior Court, 184 Cal. App. 4th 825 (2010) (finding arbitration clause with class action waiver not unconscionable) and Smith v. AmeriCredit, 2009 U.S. Dist. LEXIS 115767 (S.D. Cal.) (granting motion to compel arbitration and dismissing action).
Ms. McLean represents Toyota Financial Services and Toyota Motor Credit Corporation in class actions nationwide. She won the dismissal of all TFS entities from federal multidistrict litigation arising out of the 2010 product recalls. In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, 785 F. Supp. 2d 883, 904 (C.D. Cal. 2011). In 2013 alone, she secured the dismissal of three class actions against TFS entities, settled two on a single-plaintiff basis, and settled one with no payment by TFS.
Representative engagements defending:
•Major auto finance companies in consumer class actions challenging financing and leasing issues, including Toyota Financial Services, GM Financial, Nissan Motor Acceptance Corporation, Consumer Portfolio Services, and Santander Consumer USA, among others. E.g. In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, 785 F. Supp. 2d 883, 904 (C.D. Cal. 2011) (granting motion to dismiss with prejudice); AmeriCredit Financial Services, Inc. (now GM Financial), including Bankston v. AmeriCredit, 2011 WL 89730 (N.D. Cal.) (granting dismissal for lack of standing); Wright v AmeriCredit, 2010 WL 5058345 (S.D. Cal.) (upholding validity of notice and dismissing action); Arguelles-Romero v. Superior Court, 184 Cal. App. 4th 825 (2010) (finding arbitration clause with class action waiver not unconscionable); and Smith v. AmeriCredit, 2009 U.S. Dist. LEXIS 115767 (S.D. Cal.) (granting motion to compel arbitration and dismissing action).
•Major banks, insurers, and consumer finance companies in class actions in state and federal courts challenging force-placed insurance on automobile and home loans, including Wahl v. American Security Ins. Co., 2008 WL 2444802 (N.D.Cal.).
•Philip Morris USA in multiple class actions alleging products liability, unfair competition and consumer disclosure claims, including Sanders v. Lockyer, 365 F.Supp.2d 1093 (N.D. Cal. 2005).
•Major car rental companies in multiple state and federal class actions challenging fees, pass-throughs, and refueling charges. Defeated class certification or prevailed on dispositive motion in four recent cases, including Guerra v. Hertz, 504 F. Supp. 2d 1014 (D. Nev. 2007).
•Milgard Windows in California putative class action seeking recovery for damages to single-family homes and other properties caused by allegedly defective aluminum windows and doors. Defeated class certification.
•Masco Corporation and Behr Process Corporation in putative state and nationwide class actions filed in eight states alleging that exterior wood coatings fail to retard mildew growth and ultraviolet light degradation.
•Johns Manville Corporation in product liability, breach of fiduciary duty and RICO actions concerning roof insulation.
Publications & News
Articles and Presentations
• No Proof Necessary: SCOTUS Rules Defendant's Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy, Class Action Defense Strategy Blog, December 18, 2014
• Top Five Tips For Minimizing The Risk of Class Action Litigation, Class Action Defense Strategy Blog, June 16, 2014
• The Contract Is King: The U.S. Supreme Court's Two Recent FAA Decisions, Bloomberg BNA, September 27, 2013
•Bridgeport Continuing Education, 2013 Class Action Litigation & Management Conference, August 22-23, 2013, Arbitration: Assessing the Impact on Class Action Litigation
• The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service, Class Action Defense Strategy Law Blog, October 31, 2012, reprinted in 19 Association of Business Trial Lawyers Report, San Diego, Winter 2012
• Ninth Circuit rejects class action settlement, clarifies standards for cy pres remedies and plaintiff counsel's attorneys' fees, Class Action Defense Strategy Law Blog, July 19, 2012
•Interviewed in Class Dismissed, The California Lawyer, April 2012
•Q&A With Sheppard Mullin's Anna McLean, Law360, July 6, 2011
•The Recent Assault on Consumer Arbitration Clauses, Lexology, Association of Corporate Counsel, October 2, 2009
•ABA Antitrust Section, Consumer Protection Committee Spring 2008 Meeting: California Schemin', Unfair Practices and False Advertising in California
•Product Liability Roundtable Discussion, The California Lawyer, December 2007
•Bridgeport Continuing Education 2006 Class Action & UCL Litigation Conference, May 2006, Recent Developments in UCL Case Law
•CLE International Class Actions Conference, February 2006, Impact of the Class Action Fairness Act
•New Federal Law re Multi-State Class Actions, February 18, 2005
•CEB, Continuing Educating the Bar, April 2003, Unfair Business Practices - B&P Code 17200 and Beyond
•Practising Law Institute, Unfair Competition Claims 2002: California Section 17200's Impact on Corporations Everywhere, August 2002
•Glasser Legalworks Seminars, Litigation & Resolution of Complex Class Actions: Product Liability/Mass Tort Developments & Medical Monitoring Class Actions, January 2002
•UCLA Law Women LEAD Mentor Circle on Women Litigators
Sheppard Mullin San Francisco, July 23, 2015
•MCLE Credit Crunch
January 27, 2015