Darren K.Cottriel

Partner

Irvine + 1.949.553.7548

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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 on high-profile federal and state court litigation and trial work throughout the United States. His practice focuses on class action defense across a broad range of industries in cases involving claims for unfair business practices, consumer protection laws, fraud, and breach of warranty. Darren also represents companies in high-stakes commercial, real estate, joint venture, indemnification, and project disputes and litigation.

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 firm in pursuing claims for breach of fiduciary duty and fraud; 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. His class action experience covers a broad range of products and services, including 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, robotic appliances, and senior living communities.

Darren serves on the Board of Governors of the Association of Business Trial Lawyers, Orange County Chapter, and on the Board of Directors of ChildHope Network.

Experience

  • Norwest Equity Partners acquires United Sports BrandsJones Day represented Norwest Equity Partners in the acquisition and financing of United Sports Brands, a global leader in sports performance and protective products, including the Shock Doctor, McDavid, Cutters, Nathan, PEARL iZUMi, and Glukos brands.
  • GOJO secures Ninth Circuit affirmation of PURELL® class action dismissalJones Day successfully defended on appeal a district court’s dismissal of all claims against GOJO Industries, Inc., the maker of PURELL® hand sanitizer products, in a putative class action filed in federal court in California.
  • BofA Securities, as representative of the several underwriters, completes $390 million Senior Notes offering and tender offer by KB HomeJones Day represented BofA Securities, Inc., as representative of the several underwriters, and as dealer manager, in connection with the public offering and tender offer by KB Home, one of the nation’s largest homebuilders, of $390 million aggregate principal amount of 4.00% Senior Notes due 2031.
  • GOJO defeats class actions alleging false advertising relating to Purell® hand sanitizersJones Day successfully defended GOJO Industries, Inc., the maker of Purell® hand sanitizer products, in multiple putative nationwide class actions.
  • Citigroup Global Markets, BofA Securities, Deutsche Bank, and Wells Fargo Securities, as representatives of the underwriters, complete $300 million bond offering by KB HomeJones Day represented Citigroup Global Markets Inc., BofA Securities, Inc., Deutsche Bank Securities Inc., and Wells Fargo Securities, LLC, and other 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 4.80% Senior Notes due 2029.
  • 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.
  • US Foods resolves class actions relating to fuel surchargesJones Day successfully defended US Foods, Inc. in several putative consumer class actions alleging violations of state consumer protection statutes and unfair competition laws as well as fraud and contract claims based on allegations that fuel surcharges included on customer invoices for food deliveries were deceptive and fraudulent.
  • 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.

    • 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.

    View All

    November 2022 Alert

    FDA Submits Final Food Traceability Rule in Effort to Mitigate Foodborne Illness Outbreaks

    December 2021 White Paper

    Consumer Product Food Labeling: Reaching a "Healthy" Balance

    December 2021 Alert

    FTC Issues Enforcement Policy Regarding Deceptive Practices Related to Negative Option Marketing

    July 2021 White Paper

    Update: An Empirical Analysis of Federal Consumer Fraud Class Action Settlements (2019–2020)

    APRIL 2021 Alert

    Ninth Circuit Clarifies Class Certification Standards in Antitrust Appeal

    April 2020 White Paper

    An Empirical Analysis of Federal Consumer Fraud Class Action Settlements (2010–2018)

    April 2019 Reprint

    DOJ Objecting To Class Settlements More Frequently, Daily Journal

    March 2019 Jones Day Publications

    Department of Justice Increasingly Challenges Class Settlements

    March 2019 Commentary

    Increased Scrutiny Means Increased Costs: Amended Rule 23 and Class Settlement Approval

    March 2019 Alert

    Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals
    View All

    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

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