Todd's class action experience includes the following:
•Defeated class certification in a putative nationwide class action brought against a distributor and seller of desktop computers alleged to have misrepresented the computers as true multi-media computers.
•Defeated class certification in a putative statewide class action, and secured the voluntary dismissal of two similar nationwide putative class actions, against a major distributor and seller of printers arising from the company's alleged failure to disclose that significant amounts of ink remain in cartridges after messages on the printer instructing the user to replace the cartridge are displayed.
•Defeated class certification in a putative statewide class action brought against a franchisor of frozen dessert stores alleged to have misrepresented the calorie and fat content of the desserts.
•Secured the involuntary dismissal of a putative nationwide class action against a leading destination resort company alleging breach of contract and violation of state consumer protection statute in offering points-based timeshare program to new purchasers to alleged detriment of existing weekly timeshare owners, and defending company in multiple putative nationwide class actions arising from same theory and from marketing of timeshare-like fractional ownership interests in other luxury vacation resort properties.
•Secured the involuntary dismissal of a putative statewide class action against two major concert promoters and venue operators, and a major ticket sales agent, arising from the manner in which the imposition of various auxiliary service charges added to the face amount of concert tickets are disclosed to consumers.
•Secured the involuntary dismissal of a putative statewide class action against a major furniture and mattress retailer alleging violations of state consumer protection statutes and state furniture regulations requiring inclusion of mandatory language in sales contracts about customer options in the event of delays in delivery, and in allegedly refusing to honor terms of protection plan for mattress.
•Secured the voluntary dismissal, following motion practice, of all class action allegations in a putative nationwide class action against a leading operator of destination resorts, arising from marketing of condominium units in the Turks & Caicos Islands.
•Secured the voluntary dismissal of two nationwide putative class actions against a distributor and seller of notebook computers arising from an alleged defect in the plastic parts of the computer that allegedly rendered it unduly prone to cracking, and defended company in third putative nationwide class action involving similar allegations, and in putative nationwide class action alleging cracking defect in screens of different laptop model.
•Secured the voluntary dismissal of a nationwide putative class action against a distributor and seller of televisions arising from alleged misrepresentations in the marketing of high-definition televisions, and defended the company in a nationwide putative class action arising from alleged misrepresentations as to the useful life of lamp assemblies used in DLP televisions.
•Secured the voluntary dismissal of a putative nationwide class action against a well-known fast-food franchisor alleging violations of the Fair and Accurate Credit Transactions Act arising from franchisee stores' alleged printing of customer receipts that allegedly failed to redact customer credit information.
•Secured the voluntary dismissal of a nationwide putative class action against a leading provider of wireless communications services arising from an alleged defect in the antenna used on cellular telephones that rendered the antenna flimsy and unduly prone to breakage, and secured the stay of a nationwide putative class action against the company arising from the enforcement of early termination fee provisions in customer contracts.
•Secured the voluntary dismissal of a putative nationwide class action against a major third party administrator of drug and alcohol employee screening tests arising from the use of a urine test that allegedly yields false positive results for alcohol.
•Secured the voluntary dismissal of a putative nationwide class action against a leading direct response advertising company specializing in selling innovative consumer products direct to the consumer via television and the Internet alleging misrepresentations in the marketing of its products, and defended company in two similar nationwide putative class actions.
•Secured the voluntary dismissal of a nationwide putative class action against a major catalogue sales company alleged to have violated the Fair Debt Collection Practices Act.
•Defended two rental car companies in putative nationwide class actions alleging violation of consumer protection statute and breach of contract arising from imposition of charge associated with frequent flyer miles and travel rewards earned in connection with online rentals, and overcame multiple objections to consolidated class settlement.
•Defended a leading provider of wireless communications services in MDL proceedings and several putative nationwide class actions arising from allegedly erroneous charges for unused data services, in a putative nationwide class action arising from a provision in its customer services agreement permitting the imposition of additional administrative charges, and in a putative nationwide class action on behalf of agents alleging improper termination and interference with dealings with sub-agents, securing the involuntary dismissal of numerous claims for breach of contract, tortious interference, defamation, and unjust enrichment.
•Defended telecommunications provider in putative class action arising from imposition of municipal construction surcharge for unregulated high speed Internet and related services.
•Defended the largest dental plan in New Jersey in a putative nationwide class action arising from the company's payment and claims handling practices to dentists.
•Defended major furniture and mattress retailer in putative class action arising from alleged violations of state regulations requiring inclusion of mandatory language in sales contracts about customer options in the event of delays in delivery.
•Defended leading health insurance plan in a putative class action arising from the payment of usual and customary rates for services rendered by non-participating providers.
•Defended a United Kingdom industrial company in a nationwide class action arising from the use of a spray-on fireproofing product in the construction of college and university buildings, and in a statewide class action arising from the product's use in the construction of public school buildings.
Todd also has deep experience litigating commercial agency disputes, contractual and commercial lease disputes, business breakup cases (involving the protection of trade secrets and proprietary business information, the licensing of intellectual property rights, the enforcement of covenants not to compete, and the termination of agents, franchisees, and other business units), intellectual property litigation and allegations involving the misappropriation of trade secrets, and disputes between competitors. In addition, for many years, Todd was part of a core group that acted as national coordinating counsel for several defendants in mass tort personal injury and property damage litigation, defended a variety of other toxic tort and products liability claims, and prosecuted actions seeking insurance coverage for mass tort claims.
•Civil and commercial litigation
•Consumer fraud class actions
•Unfair and destructive competition and civil RICO claims
•Business break-up litigation and contractual disputes
•Products liability and toxic torts
•Intellectual property litigation
•Real estate litigation
Recognition & Leadership
Awards & Accolades
•Member, Winning Team, New Jersey Law Journal's Class Action Litigation Department of the Year, 2016
•Member, Winning Team, New Jersey Law Journal’s General Litigation Department of the Year award, 2013
•Team Member, Lexology’s Client Choice Award USA & Canada, United States: New Jersey, 2013
•Team Member, Product Liability Practice Group of the Year, Law360, 2011
Professional & Community Involvement
•Member, American Bar Association
•Member, New Jersey State Bar Association
•Member, New York State Bar Association
•Member, District of Columbia Bar Association
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