Darren K.Cottriel

Partner

(T) 1.949.553.7548

Darren Cottriel is nationally recognized for results achieved for clients in federal and state court litigation and trials as well as in arbitrations and prelitigation disputes throughout the United States. Darren's practice focuses on class actions, commercial, real estate, joint venture, construction, and project finance disputes and unfair competition. His class action defense work includes defending companies in a broad range of industries in actions brought under California's Bus. & Prof. Code § 17200, Consumer Legal Remedies Act, and similar consumer laws in other states. He is rated by Chambers USA as one of the top consumer class action lawyers in the country.

Recent matters Darren has handled include a 10-week jury trial of a $200 million real estate dispute, a bench trial of claims between health care companies, a defense victory in a $22 million arbitration of a joint venture dispute (including recovery of attorneys' fees), dismissal with prejudice of a nationwide putative class action against a national homebuilder alleging claims for fraud in home sales and mortgage transactions, denials of class certification in multiple cases, and dismissals with prejudice of class actions against a manufacturer of consumer batteries. Other recent representations include lead defense counsel in putative class actions involving batteries, snack foods, televisions, plumbing fittings, wireless headphones, residential home sales, fuel surcharges, text messaging, and assisted living communities.

Darren is leader of the Firm's California class action practice and head of litigation in the Firm's Irvine Office. He is on the Board of Governors of the Orange County Association of Business Trial Lawyers.

Experience

  • Deutsche Bank, Merrill Lynch, Citigroup, and Credit Suisse, as representatives of the underwriters, complete $300 million bond offering by KB HomeJones Day represented Deutsche Bank Securities Inc.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Citigroup Global Markets Inc.; and Credit Suisse Securities (USA) LLC, as representatives of the several underwriters, in connection with the public offering by KB Home, one of the nation’s largest homebuilders, of $300 million aggregate principal amount of 6.875% Senior Notes due 2027 and an additional $100 aggregate principal amount of its existing series of 7.625% Senior Notes due 2023.
  • Procter & Gamble defeats class certification in misbranding actionJones Day obtained complete denial of class certification in a putative consumer class action brought against The Procter & Gamble Company in which the plaintiffs alleged that the labeling of Pringles potato crisps is false and misleading.
  • National assisted living facility company defends putative class action lawsuit over advertising regarding care assessmentsJones Day is defending a national assisted living facility company in a class action lawsuit concerning how care assessments are used in setting and monitoring staffing at its 35 California communities.
  • 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.
  • Procter & Gamble achieves dismissals with prejudice of two putative class action lawsuits over advertising for batteriesJones Day successfully defended The Procter & Gamble Company (P&G) and its subsidiary The Gillette Company in two statewide consumer class actions in California and Massachusetts concerning Duracell AA and AAA Coppertop batteries.
  • Lennar resolves putative product liability and consumer fraud class action lawsuitsJones Day client Lennar Corporation obtained the voluntary dismissal of putative class action lawsuits against Lennar homebuilding subsidiaries in California and the settlement of nationwide putative class action lawsuits in Nevada and Minnesota after defeating bids for class certification, and defeating plaintiffs' attempt to appeal to the Ninth Circuit in the Nevada case.
  • Lennar defeats certification in two California class actions regarding allegedly defective "yellow brass" fittingsJones Day represented two California subsidiaries of the homebuilder Lennar Corporation in separate but similar statewide class actions regarding high-zinc-content brass fittings (often called "yellow brass" fittings) that were alleged to corrode through a chemical reaction called dezincification when exposed to water, ultimately causing the fittings to occlude or leak.
  • Lennar defeats certification in consolidated class action involving allegedly defective "yellow brass" plumbing fittingsJones Day represented two subsidiaries of the homebuilder Lennar Corporation in connection with a consolidated class action regarding high-zinc-content brass plumbing fittings (often called "yellow brass" fittings) that were alleged to corrode through a chemical reaction called dezincification when exposed to water, ultimately causing the fittings to occlude or leak.
  • Lennar prevails on cross-appeals of arbitration rulings in "yellow brass" fitting actionsTwo Las Vegas valley homeowners' associations (HOAs) asserted representative claims relating to allegedly defective high-zinc-content brass plumbing fittings (often called "yellow brass" fittings) in homes constructed by Nevada subsidiaries of Jones Day client homebuilder, Lennar Corporation ("Lennar").
  • Non-profit organization's child day care center license successfully defendedJones Day Irvine successfully represented the local chapter of a national non-profit organization against an Accusation from the California Department of Social Services (the "Department") in which the Department threatened to revoke the client's child day care center license under the California Child Day Care Facilities Act, Health and Safety Code section 1596.70 et seq.
  • Flat panel television manufacturer defeats putative nationwide class action alleging defective component parts in plasma and LCD TVsJones Day represented a flat panel television manufacturer in connection with a putative nationwide class action regarding allegedly defective component parts in plasma and LCD TVs manufactured since 2003.
  • 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.
  • Lennar obtains Ninth Circuit affirmance of dismissal of nationwide class action alleging fraud and negligent misrepresentationOn behalf of Lennar Corporation ("Lennar"), one of the country's largest builders of new homes, Jones Day obtained a dismissal with prejudice of all claims brought by a purported class of homeowners against Lennar.
  • Lennar receives advice on restructure and workout of San Diego waterfront mixed-use development joint ventureJones Day assisted Lennar Corporation with the restructure and workout of a development joint venture, formed to develop a large mixed-use project on the San Diego waterfront.
  • Eagle Real Estate Group resolves real estate partnership disputeJones Day represented Eagle Real Estate Group, LLC in connection with a real estate partnership dispute that settled at the commencement of trial.
  • 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.

    Speaking Engagements

    • 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
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