Christian Penn Foote: Lawyer with Duane Morris LLP

Christian Penn Foote

View Christian Penn Foote 's Martindale-Hubbell Connected Profile
San Francisco,  CA  U.S.A.
Phone415 957 3188

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Experience & Credentials

Practice Areas

  • Complex Commercial Litigation
  • Consumer Lending Litigation
  • Banking and Consumer Financial Services
  • Environmental and Natural Resources
Contact InfoTelephone: 415 957 3188
Fax: 415 358 4194
University University of California, Berkeley, B.A., 2000
Law SchoolWashington and Lee University School of Law, J.D., 2005
Admitted2005, California; U.S. District Court for the Northern District of California; U.S. District Court for the Central District of California; U.S. District Court for the Southern District of California; U.S. Court of Appeals for the Ninth Circuit

Christian Foote is a member of the firm's Commercial, Securities and Antitrust Litigation group. He represents multinational corporations, national banks, commercial lenders, and consumer finance companies in a wide variety of complex commercial, antitrust, banking and consumer financial services litigation matters. He also represents real estate developers, land owners, municipalities and public agencies in a variety of environmental, land use, and water rights issues arising under both federal and state law.

Christian is a 2005 graduate of Washington and Lee University School of Law and a 2000 graduate of the University of California, Berkeley (B.A., Economics). He is active in the community with The Guardsmen, a non-profit charitable organization dedicated to helping Bay Area underprivileged youth. He lives with his wife and kids in San Francisco.


•Duane Morris LLP
- Associate, 2008-present
•Murphy, Pearson, Bradley & Feeney
- Litigation Associate, 2005-2008
•U.S. Department of Justice, Civil Division
- Law Clerk, Summer 2004

Reported CasesRepresentative Matters: Representative Complex Commercial Litigation Matters: Obtained a settlement on behalf of NEC Corporation and four of its Japanese and U.S. affiliates in MDL antitrust litigation in the U.S. District Court for the Northern District of California concerning an alleged global price-fixing conspiracy in the LCD flat panel and finished products markets.; Obtained an injunction on behalf of Travelport, LP precluding American Airlines from terminating its contracts with and reinstating Orbitz's ability to display and ticket American Airlines flights. Decision affirmed on appeal.; Represent major CMBS special servicer in litigation with commercial borrower; successfully established full recourse liability due to breach of special purpose entity provisions of loan documents; Represent multinational enterprise software maker in $100 million + contract dispute with the State of California, State Controller's Office. Litigation relates to software designed to coordinate payroll functions across all state agencies representing tens of thousands of state employees.; Acted as consumer protection counsel for solar panel manufacturer in connection with securitization of leases. Advised company on compliance of draft lease with over 20 California consumer protection statutes.; Obtained beneficial settlement on behalf of large scale maritime engine manufacturer in product defect litigation.; Obtained on behalf of Capital One, N.A., in the United States District Court for the Central District of California, a dismissal with prejudice of a high exposure lawsuit in connection with a failed construction project located in Los Angeles, California.; Represent Chapter 11 liquidating trustee in fraudulent conveyance and other claims arising from failed Bitcoin mining manufacturing company.; Represent commercial real estate developer with respect to complex leasing and land use issues on disputed property in San Francisco. Representative Banking and Consumer Financial Services Matters: Represent large credit card issuer in multiple consumer class action lawsuits alleging violations of the Fair Credit Reporting Act (FCRA) and California's Rosenthal Act.; Obtained on behalf of Capital One Bank, N. A., and its predecessor in interest, ING Bank, FSB, a dismissal of an appeal before the California Court of Appeal, First Appellate District, Division Five, upholding a judgment for ING in a dispute that included issues related to the Home Owners Loan Act and the Dodd-Frank Act. The dismissal also left intact a second judgment in favor of ING from the Sonoma County Superior Court.; Prevailed on several motions to dismiss and summary judgment on behalf of national banking association in variety of consumer claims alleging violations of UCC Article 4 provisions and associated regulations; Represented Wells Fargo Bank, N. A. and Berkadia Commercial Mortgage, LLC, in Contra Costa County Superior Court, in a multimillion lawsuit stemming from claims of retaliatory eviction and habitability following Wells Fargo's successful foreclosure on an apartment complex in Pittsburg, California. Successfully negotiated a favorable settlement that required financial contributions from neither client. Representative Environmental, Water Rights and Land Use Matters: Obtained beneficial settlement for a Southern California university in environmental contribution matter against large manufacturer, which had sold client land for expansion. Obtained contribution for environmental cleanup costs despite strong non-reliance and waiver of indemnity language in land sale contract negotiated by prior counsel.; Litigated and then negotiated on behalf of the Merced Irrigation District a settlement of a major water litigation case in California against a downstream water user who was claiming a perpetual right to water.; Represented large landowner in federal district court trial involving CERCLA and related state claims regarding disputed source of industrial solvent contamination; obtained substantial jury verdict in favor of client; further obtained order resolving cross-complaint for CERCLA contribution in favor of client.; Represent large California irrigation district in major water rights litigation brought by County of Mariposa, which sought a substantial portion of revenues from the New Exchequer Dam hydroelectric project by virtue of a 1960 contract.; Represent California irrigation district in challenge by Gallo Cattle Company under the California Environmental Quality Act (CEQA) and related water rights litigation.; Represent ski industry association in National Environmental Policy Act (NEPA) and National Forest Management Act (NFMA) challenges by environmental groups and state of California to 2004 Sierra Framework.
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Office Information

Christian Penn Foote

One Market Plaza, Suite 2200
San FranciscoCA 94105-1127


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