Mr. Hecker is Of Counsel in the Business Trial Practice Group in the firm's San Francisco office.
Areas of Practice
Mr. Hecker has substantial experience defending major consumer litigation, including class actions involving alleged false advertising, product defects, and the disclosure of fees and services by a variety of businesses, including computer, software, telecommunications, rental car, self-storage, food and drug, insurance brokerage, and auto finance companies. In particular, he has defended numerous actions brought by consumers and investigations conducted by California District Attorneys under Section 17200 challenging alleged unfair business practices.
Mr. Hecker is a nationally recognized authority on “force-placed” or collateral protection insurance (“CPI”) litigation brought by consumers against banks and auto finance companies. He acted as lead outside counsel in the defense of CPI class actions in California, Florida, Arizona, Missouri, Washington, New York and Idaho. He has also defended banks, mortgage lenders and insurance companies in class actions challenging procedures for placing CPI.
In addition to his class action practice, Mr. Hecker has handled major commercial litigation in federal and state courts on behalf of clients in the heavy-duty truck, steel, pipe, airline, motion picture, real estate, stock brokerage, savings and loan, hotel management, investment banking, microwave technology, licensing and accounting industries, among others.
•Repeatedly listed as a Northern California Super Lawyer, San Francisco Magazine
Representative Engagements Defending:
American Security Insurance Company and Assurant in class actions regarding lender-placed insurance involving residential real estate, with respect to both hazard and flood insurance.
Nationwide retail pharmacy chain in multiple California District Attorney investigations regarding alleged false advertising and regulatory matters.
Dollar Thrifty Automotive Group in class actions challenging sale of loss damage waiver and other products in California and Colorado.
AmeriCredit Financial Services, Inc. (now GM Financial) in class actions challenging adequacy of post-repossession notices in motor vehicle loan transactions, including Bankston v. AmeriCredit, 2011 WL 89730 (N.D. Cal.) (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) (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).
Seagate in class actions challenging disclosures about computer hard drive storage capacity, including leading case on class action settlements, Cho v. Seagate Technology Holdings, Inc., 177 Cal App. 4th 734 (2009).
Hertz in class action challenging pass-through of airport concession recovery fees in Nevada; and class actions challenging fuel and service charge in California, Illinois, Texas, Oklahoma and Nevada, including leading cases of Guerra v. Hertz, 504 F. Supp. 2d 1014 (D. Nev. 2007), and Schnall v. Hertz, 78 Cal. App. 4th 1144 (2000).
Flash memory manufacturers in class actions challenging disclosures about storage capacity.
Palm in class actions alleging defects in Treo 700 series smartphones; class actions alleging damage to personal computers from electrostatic discharge; and litigation challenging termination of Palm.Net wireless service, in which class certification was denied. Eichorn v. Palm, 2008 WL 102222 (Cal. Ct. App.).
McDonald's in highly publicized french fries litigation brought by vegetarians, Hindus and kosher Jews in California, Washington, Texas, New Jersey and Illinois state courts, involving alleged non-disclosure that fries contain beef flavoring.
Major auto finance company as national coordinating counsel in 21 class actions involving leasing practices.
Leading self-storage companies in class actions regarding late charges.
Major insurance brokerage firm in class action litigation challenging its disclosure of commissions and fees.
SsangYong in federal court bench trial and appeal involving alleged theft of trade secrets for microwave technology used in radar jammers in F-16 aircraft.
Ford Motor Credit Company in nationwide RICO class action regarding force-placed insurance. Gordon v. Ford Motor Credit Company, 868 F. Supp. 1191 (N.D. Ca. 1992).
Title company's insureds in declaratory relief action involving trustee duties in foreclosure proceedings. Perez v. 222 Sutter St. Partners, 222 Cal. App. 3d 938 (1990).
Nationwide hotel chain in four-week arbitration regarding termination of management contract for flagship property.
Publications & News
Class Action Defense Law Blog Posts
• Proposition 37 Permits Natural Labeling for Non-GMO Processed Food, October 8, 2012
•MCLE Credit Crunch 2009
4 Embarcadero Ctr, 17th Fl, San Francisco, CA 94111, January 13, 2009