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Sep. 22, 2016

Stephanie A. Sheridan

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Sedgwick LLP

The first female managing partner in firm history, Sheridan is a national leader in defending deceptive pricing litigation. The mother of three founded Sedgwick's retail and fashion industry practice group in 2007 after handling underground storage tank litigation.

Sheridan said 2006 amendments in the Fair and Accurate Credit Transaction Act led to a rash of litigation alleging retailers violated consumer protections by printing credit card information on receipts.

"And many of my clients were using boutique firms to represent them in those matters," Sheridan said. "I saw it as an opportunity for our firm to handle those cases more efficiently."

Sheridan foresaw the rise in deceptive pricing litigation more than a decade ago when U.S. senators began asking for investigations into outlet malls' pricing practices. Her early work taught stores how to inoculate themselves from lawsuits.

In a recent matter, Sheridan earned a motion to dismiss after presenting evidence that opposing counsel coached a pseudo-client through a purchase that could have helped their claim.

"We had video of the purchase that showed the customer taking video footage and possible talking on the phone with lawyers," Sheridan said. "It didn't look like she was there to buy shoes. She was there to buy a lawsuit."

Sheridan and her team have defended retailers in more than a dozen deceptive pricing lawsuits nationwide. She believes Sedgwick is the only firm to earn dismissal with prejudice in a pricing case in the last year. Sheridan won the dismissal for client DSW Inc. after the plaintiff who purchased shoes at the retailer failed to prove DSW's prices were deceptive with advertising lower prices for brand-name footwear. Sperling v. DSW Inc., 5:15-cv-01366-JGB-SP (C.D. Cal., Jan. 28, 2016).

She also had other similar cases recently dismissed for clients Stein Mart Inc., Kenneth Cole Productions Inc. and J. Crew Group Inc. Her secret, she said, is simple.

"We use a unique argument under [Federal Rules of Civil Procedure Rule 12(b)1], which can attach evidence and shift the burden to the opposition to produce evidence," Sheridan said. "It's a satisfying way to solve problems."

— Phil Johnson

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