Suzanne R. Fogarty is a trial and appellate lawyer practicing in the areas of business and technology-based litigation, including class actions, as well as complex insurance coverage litigation.
Ms. Fogarty's litigation practice emphasizes bringing an efficient resolution to complex disputes through settlement or judgment. She has represented plaintiffs and defendants in suits involving issues of contract, business tort, intellectual property, and insurance coverage. Her business litigation experience includes the representation of international Internet companies and other commercial entities in all aspects of litigation at the trial court and appellate level, including complex case management, discovery, alternative dispute resolution and appellate briefing. She also counsels clients on e-commerce and Internet law issues.
A member of the Bar Association of San Francisco and the Litigation Section of the State Bar of California, Ms. Fogarty is a 1991 graduate of the University of California, Hastings College of the Law, and a graduate of the University of California, Davis.
· Telswitch, Inc. v. Billing Solutions Incorporated, et al., (Northern District of California, 2012-present)-Intellectual Property Litigation -- Representing defendants and counter-claimants in trade secrets and Computer Fraud and Abuse Act case.
· Tuition Options, LLC v. ATI Enterprises, Inc. (Philadelphia arbitration 2012) -- Commercial Litigation -- Represented defendant and counter-claimant company in the career education sector regarding complicated accounting and contractual issues pertaining to a servicing agreement.
· In re Zynga Privacy Litigation- Class Action Litigation - Obtained November 2011 judgment dismissing consolidated federal class actions alleging claims under Electronic Communications Privacy Act, Stored Communications Act, Computer Fraud and Abuse Act, as well as state common-law and statutory claims. Plaintiffs alleged that Zynga shared personally identifiable information with advertisers through the transmission of referrer headers that linked to Facebook user pages - allegations that were the subject of an October 18, 2010, front-page Wall Street Journal article. Zynga's defenses included assertions that any leakage resulted from standard web-browser operations and that plaintiffs suffered no actual harm. Judgment and dismissal were concurrent with the dismissal of the related action, In re Facebook Privacy Litigation.
· Swift v. Zynga, Inc. - Class Action Litigation - obtained a dismissal with prejudice of a class action brought against Zynga Inc. under the California Unfair Competition Law and the Consumer Legal Remedies Act, following a successful motion to compel arbitration based on the U.S. Supreme Court's 2011 AT&T Mobility v. Concepcion decision. In the first application of that decision to an online terms of service agreement, the U.S. District Court for the Northern District of California found that the Zynga's modified click-wrap agreement was effective to bind the plaintiff to arbitrate the claims as an individual - and, not as a representative of the putative class.
· The Kindred Limited Partnership v. Screen Actors Guild (Central District of California) - Copyright infringement and wrongful foreclosure action brought on behalf of Feldman/Meeker Co. to obtain return of copyright for the motion picture, The Kindred. Obtained partial summary judgment that SAG's foreclosure on the motion picture copyright was unlawful and ineffective. Damages claim settled shortly before trial set for June 2010.
· Ivanhoe Capital v. Janna Hospitality Holdings, LLC (San Francisco Superior Court) - Represented defendant potential real estate investor in complex commercial real estate dispute arising from an alleged breach of contract regarding the potential development of a property in Idaho; obtained dismissal of the complaint without leave to amend. Obtained a unanimous decision from the California Court of Appeal affirming the trial court's decision.
· Topa Insurance Group v. RCM Technologies, Inc. (Los Angeles Superior Court) - Represented plaintiff insurance company in a major software defect case against a company it had hired to design, install and implement custom-built software; obtained pre-trial rulings and trial resolution that the client found favorable.
· PeopleData v. Yahoo! (Santa Clara Superior Court) - Represented Yahoo! in defense of breach of "pay-per-click" advertising contract and various related tort claims and prosecution of cross-complaint for successor liability and fraudulent conveyance of business assets. Matter was settled, with Yahoo! as a defendant obtaining an affirmative recovery.
· Premises Liability Litigation (Eastern District of California) - Represented defendant restaurant owner in a premises liability action alleging that plaintiff's decedent died as result of being run over outside of restaurant; obtained settlement the client found favorable.
· Environmental Coverage Litigation - Represented insurance companies in complex coverage claims and litigation arising out of environmental contamination and/or product injuries.
· Advised and represented highly visible internet social gaming company on multiple litigation and corporate matters relating to content policies, virtual currency issues, internal risk management and terms of service.
· Duane Morris LLP
- Special Counsel, 2006-present
· Hancock Rothert & Bunshoft LLP
- Senior Associate, 1991-2005
· Bar Association of San Francisco
· State Bar of California
- Litigation Section
· 2012 Duane Morris Women's Initiative Award