Areas of Practice
Ms. McLean’s practice focuses on the defense of complex class actions, with particular emphasis on consumer finance and consumer products. She regularly defends companies in state and federal courts with regard to alleged unfair business practices, product disclosure issues, privacy, advertising, TCPA, credit reporting and collections-related claims.
Ms. McLean has litigated issues at the vanguard of state and federal law on the enforcement of consumer arbitration clauses containing class action waivers, e.g., Trabert v. Consumer Portfolio Services Inc, 2015 WL 9271437 (Cal. Ct. App. 2015) (dismissing appeal from trial court order compelling arbitration); Arguelles-Romero v. Superior Court, 184 Cal. App. 4th 825 (2010) (finding arbitration clause with class action waiver not unconscionable); 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 consumer litigation nationwide. She focuses on the efficient, early resolution of claims by motion, dismissal or settlement.
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);
•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.).
•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 cases, including Guerra v. Hertz, 504 F. Supp. 2d 1014 (D. Nev. 2007).
•Major disk drive manufacturer in class action alleging consumer warranty claims. In re Seagate Technology LLC Litigation, 2019 WL 282369 (N.D. Cal.) (denying plaintiffs’ second attempt at class certification).
Articles and Presentations
• Are credits coupons? The Ninth Circuit Says Yes in Calculating Total Value of Class Action Settlements, Class Action Defense Strategy Blog, October 17, 2018
• Ninth Circuit Slams the Brakes on Nationwide Class Action Settlement; Choice of Law and Reliance Are Bumps in the Road, Class Action Defense Strategy Blog, February 1, 2018
• Dancing On Their Own: The California Supreme Court’s Decision in McGill v. Citibank, N.A. that Class Action Waivers Do Not Apply to Claims for Public Injunctive Relief under California’s Consumer Protection Laws, Class Action Defense Strategy Blog, April 7, 2017
• 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
•Seagate Hard Drive Consumers Denied Class Cert.
Law360 , July 6, 2018
•UCLA Law Women LEAD Mentor Circle on Women Litigators
Sheppard Mullin San Francisco , July 23, 2015
•MCLE Credit Crunch
January 27, 2015
•American Bar Association
•State Bar of California
•State Bar of Texas
•Bar Association of San Francisco
•Association of Business Trial Lawyers Board of Governors
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.