Richard J.Grabowski

Partner

Irvine + 1.949.553.7514

Richard Grabowski has served as lead counsel on more than 100 federal and state consumer class actions in a variety of jurisdictions. He has broad class action experience involving a range of industries and claims, including Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Credit Repair Organizations Act (CROA), and Unfair Competition Law (UCL) claims. Richard also has served as lead counsel in responding to parallel governmental investigations including the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and various state Attorneys General.

Richard successfully resolved 48 consumer class actions consolidated in the Central District of California arising out of a breach of T-Mobile subscriber data. He also obtained summary judgment in 31 consolidated consumer actions in the U.S. District Court for the District of Arizona based upon a statutory interpretation question of first impression. In addition, Richard has extensive experience in trade secret and unfair competition disputes.

He is a member of the board of directors of the Association of Business Trial Lawyers, the Federal Bar Association, the Public Law Center, a member of the Orange County Bar Association, and has served as a Lawyer Representative to the Ninth Circuit Judicial Conference.

Experience

  • Procter & Gamble successfully resolves class action claims after U.S. Supreme Court denies request for certiorari review by objectors to settlementJones Day defended The Procter & Gamble Company ("P&G") and its subsidiary The Gillette Company in two consumer class actions concerning advertising of Duracell AA & AAA Ultra Batteries.
  • Experian defends against series of nationwide class actions after breach of T-Mobile applicant dataJones Day defended Experian in series of nationwide class actions after breach of T-Mobile applicant data held by Experian company Decisioning Solutions, Inc.
  • Experian defends lawsuit brought by Attorney General of Mississippi over credit reporting and consumer marketing activitiesJones Day is defending Experian Information Solutions, Inc. in connection with an investigation and lawsuit initiated by the Attorney General of Mississippi challenging Experian's credit reporting and consumer marketing activities under the Fair Credit Reporting Act, the Mississippi Consumer Protection Act, and the Dodd-Frank Act.
  • Applied Medical Distribution Europe disputes unfair competition claims brought by former Italian distributorJones Day has been retained by Applied Medical Distribution Europe ("AMDE") to represent its interests in a dispute with a former distributor in Italy, Polimed S.R.L ("Polimed").
  • ConsumerInfo.com successfully defends putative class action lawsuits related to alleged violations of California consumer fraud statutesJones Day client ConsumerInfo.com (CIC), an Experian Information Solutions affiliate, successfully defended multiple putative class action lawsuits filed by thousands of consumers alleging that CIC's representations on its FreeCreditScore.com website violated California consumer fraud statutes.
  • Experian Data Corp. litigates issues related to March 2012 acquisition of certain assets of Court Ventures, Inc.Experian Data Corp. ("EDC") has retained Jones Day to represent its interests in a lawsuit between EDC and Court Ventures Inc. ("CVI") related to the March 2012 acquisition by EDC of certain CVI assets, a company that focuses on collecting court records.
  • Applied Medical Resources wins appeal in breach of contract and conversion claims litigationJones Day client Applied Medical Resources Corporation persuaded the California Court of Appeal to reverse summary judgment of breach of contract and conversion claims Applied Medical filed against a former member of its Board of Directors.
  • Epicor obtains stipulated judgment, consent decree, and asset acquisition in copyright, trade secret, and intellectual property infringement suit against Alternative Technology SolutionsJones Day successfully obtained a stipulated judgment and consent decree on behalf of Epicor Software Corporation, a global leader in business software solutions, in an intellectual property lawsuit against Alternative Technology Solutions, Inc., which was filed in federal court in the Central District of California.
  • Applied Medical Distribution Europe obtains settlement in dispute arising out of supply agreement with international distributor in DenmarkJones Day obtained a settlement on behalf of client Applied Medical Distribution Europe ("AMDE") after commencing litigation in Orange County Superior Court for a dispute arising out of a supply agreement with an international distributor in Denmark.
  • Experian resolves putative class action litigation over advertising of credit scoring productsJones Day client Experian Information Solutions resolved putative class action litigation brought by plaintiffs alleging unfair business practices and misleading advertising related to the credit scoring products on www.freecreditscore.com.
  • Koh Young prevails in arbitration before KCABJones Day, on behalf of Koh Young Technology, Inc., successfully moved a U.S. federal court to compel arbitration before the Korean Commercial Arbitration Board involving a suit filed by its former U.S. distributor in the Central District of California alleging California statutory violations and breach of the distributorship agreement.
  • Texas Instruments resolves multimillion dollar breach of contract lawsuitJones Day successfully represented Texas Instruments in the U.S. District Court in the Central District of California in a multimillion dollar breach of contract lawsuit, alleging it had underpaid an outside sales representative, Infinity Sales, on commissions earned over the course of the parties' decade long relationship.
  • ConsumerInfo.com successfully defends against putative consumer class actionJones Day successfully defended ConsumerInfo.com, Inc. and Experian Plc in a putative class consumer action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., the Unfair Competition Law, California Business and Professions Code § 17200, et seq. and the False Advertising Law, California Business and Professions Code § 17500, et seq. obtaining a dismissal with prejudice on the pleadings.
  • Applied Medical Distribution resolves breach of contract and promissory estoppel matterJones Day represented Applied Medical Distribution Corporation ("AMDC") in the Eastern District of Pennsylvania in a suit alleging claims of breach of contract and promissory estoppel, seeking lost profits and other damages against the University of Pennsylvania Health System.
  • Lennar settles 10-week jury trial after $200 million damage claim excludedJones Day defended Lennar Corporation and Lennar Homes of California, Inc. in a 10-week jury trial.
  • Applied Medical wins in Ninth CircuitJones Day achieved a significant victory for Applied Medical Distribution Corporation when the Ninth Circuit reversed and remanded the District Court's denial of an anti-suit injunction, thus preventing The Surgical Company BV from pursuing a parallel lawsuit in Belgium.
  • Experian successfully pursues Unfair Competition claim against LifeLockOn behalf of Experian Information Solutions, Inc., Jones Day was successful in pursuing Unfair Competition claims against LifeLock.
  • UTi defends against patent infringement action over web commerce and business automation systemsJones Day is representing UTi Worldwide, Inc. in a patent infringement action brought by Big Baboon, Inc. The name of the patent title involved in the litigation is "Integrated Business-To-Business Web Commerce And Business Automation System."
  • Applied Medical Resources resolves international distributorship litigationAfter protracted litigation related to a dispute arising out of a supply agreement with an international distributor, Jones Day obtained a settlement on behalf of client Applied Medical Distribution Corporation while cross-motions for summary judgment were pending.
  • Verizon Wireless successfully defends class action for unfair competitionJones Day successfully defended Cellco Partnership, dba Verizon Wireless, in a putative class action alleging, inter alia, violation of the California Unfair Competition Law and unjust enrichment.
  • Additional Speaking Engagements

    • January 11, 2019
      Consumer Class Actions 2019 Conference
    • October 3, 2008
      2008 Class Action & UCL Litigation Conference
    • November 4, 2007
      Class Action Fairness Act: 2007 Update
    • April 6 & 7, 2006
      Class Action Fairness Act Update and Electronic Notice Issues in Class Settlements, 2006 Class Action Conference
    • November 4, 2004
      Overview of Federal Rule 23 and Class Action Fairness Act, Class Action Litigation in California Conference
    • September 30, 2003
      Ask the Experts: Electronic Document Retention and Discovery, CEB
    • February 19, 2003
      E-Discovery, ACCA Lecture Series
    • October 9, 2001
      E-Discovery: What you need to know and do NOW to avoid costly surprises, Orange County Bar Association, In-House Counsel Section