Darren Cottriel is leader of the Firm's California Region class action practice and head of litigation for the Irvine Office. Darren is nationally recognized for his work in federal and state court litigation and trials as well as in arbitrations and prelitigation disputes throughout the United States. His practice focuses on class actions, commercial, real estate, joint venture, and project disputes and litigation. He defends companies across a broad range of industries in class actions involving unfair business practices (including California's Bus. & Prof. Code § 17200, Consumer Legal Remedies Act [CLRA], and similar UCL [unfair competition law] and consumer laws in other states), fraud, contract, and breach of warranty.
Recent matters include defending a solar technology company in a nationwide class action; defending an online tax preparation company in class action litigation for alleged consumer fraud; defending a national homebuilder in mass litigation involving alleged real estate fraud; representing an international investment company in pursuing claims for breach of fiduciary duty and fraud against joint venturers; trials involving real estate and contract disputes; a defense win in a joint venture dispute (including recovery of attorneys' fees); and representing companies in commercial real estate disputes and litigation. Other recent matters include class actions involving home mortgages, solar panels, consumer batteries, hand sanitizer, snack food, televisions, plumbing fittings, wireless headphones, residential home sales, surcharges, text messaging, e-commerce, health care products, laundry products, and assisted living communities.
Darren serves on the Board of Governors of the Orange County Association of Business Trial Lawyers.
Experience
The following represents experience prior to Jones Day.
Bank One Trust Company, N.A.
Represented Bank One Trust and obtained defense verdict in federal court trial; successfully opposed appeal, where Ninth Circuit affirmed the trial court verdict; obtained award of all attorneys’ fees and costs in the action.
Successfully defended indenture trustee in bankruptcy action involving alleged Ponzi scheme; all claims and fees against indenture trustee paid from debtor’s estate.
Colonies Partners
Obtained settlement after successful trial of liability phase of inverse condemnation case for $102 million.
Eagle Real Estate Group
Obtained favorable settlement at the commencement of trial in breach of fiduciary duty and corporate opportunities case; client partnership and two partners were able to by out defendant partner’s interest for small fraction of value.
Lennar
Obtained favorable settlement after three days of arbitration before a three member panel for amount in excess of client’s pre-arbitration demand.
Obtained defense judgment in large, multi-party tort action involving tort claims for successor liability; after obtaining judgment, obtained indemnification of all attorneys’ fees and costs.
Card Express, Inc.
Successfully represented prepaid debit card company in contract and fraud action against one of the largest financial institutions in the United States.
Owner/Developer Matters
Successfully represented owners and developers in a broad range of real estate disputes and litigation involving land development, joint venture, construction, sale/acquisition transactions, and eminent domain issues.
Kenya Satellite Communications Network Dispute
Represented and obtained settlement for U.K. corporation in federal action against satellite communications system provider arising out of design and construction of satellite communications network in Kenya.
Wells Fargo Bank, N.A.
Obtained emergency writs of attachment and possession in creditor’s right action on debtor auto dealership’s accounts and inventory of vehicles pledged as collateral for financing; issuance of writs resulted in prompt, favorable settlement for bank.
Successfully obtained money judgment for over $1 million personal line of credit debt against high net worth professional athlete.
Design Engineer Defense
Successfully defended numerous claims and lawsuits against national design engineering firm arising out of complex public works projects; successfully obtained total defense and indemnification for client in numerous matters.
Additional Publications
- July 2019
Trends Emerge Under Northern District’s Class Settlement Guidelines, Daily Journal
Speaking Engagements
- January 26, 2023
Watch What You Say: Current Trends in Consumer Fraud Claims & Litigation, Including ESG Litigation - October 20, 2021
Class Action Litigation 101 - February 16, 2021
Truthtelling, Ethics, and the Lawyer, Vanguard University - November 18, 2020
Recent Trends in Consumer and Economic Fraud Class Actions - October 7, 2020
Rule 23 Amendments: How They Are Reshaping Class Action Settlements & What Attorneys Need to Know. - March 5, 2020
Class Action Rules & Settlements, Class Action Law Forum 2020 - Janaury 22, 2020
Recent Trends in Consumer Class Action Settlements - June 11, 2019
Recent Trends in Consumer-Fraud Class Actions - February 5, 2018
Emerging Trends in Consumer Fraud Class-Action Arbitration, Compelling Individual Arbitration - April 4, 2017
Emerging Trends in Consumer Fraud Class Action Litigation - January 24, 2017
Recent Trends in Consumer Class Action Litigation - October 25, 2016
Defending Consumer Class Actions, Preferred Outside Counsel Forum - June 2011
Perils of the Litigation Practice - January 2011
Ethical Considerations for In-House Counsel
- University of the Pacific, McGeorge School of Law (J.D. with great distinction 1996; Order of the Coif; Writer and Editor, Pacific Law Journal; Traynor Honor Society; American Jurisprudence Awards in Constitutional Law, Business Associations, Sales and Leases of Goods, Environmental Law, and Remedies); Vanguard University (B.A. 1991)
- California
Ranked in Chambers USA for consumer class actions (2019)
Law360 "MVP Award" for consumer protection litigation (2016)
Daily Journal "Top Defense Verdict" (2017)
Recognized by Los Angeles magazine as a "Super Lawyer" in business litigation for 12 straight years and previously a "Rising Star" five straight years
Vanguard University "Young Alumnus of the Year"