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.
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.
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.
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.
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.
Ninth Circuit Affirms Class Decertification Order But Reverses Summary Judgment in "All Natural" Foods Label Case
Supreme Court Restricts Defendants' Use of Settlement Offers to "Pick Off" Named Plaintiffs in Class Actions.
Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
- 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)
Ranked in Chambers USA for consumer class actions (2018)
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 nine straight years and previously a "Rising Star" five straight years
Vanguard University "Young Alumnus of the Year"