Mortimer is lead attorney on the Yahoo Inc. data breach litigation, which includes 39 class actions filed in federal and state courts on behalf of as many as 500 million and 1 billion users possibly impacted. The Yahoo federal cases are currently consolidated in front of Judge Lucy H. Koh in the Northern District of California. In Re Yahoo! Data Breach Litigation, 5:16-cv-05463 (N.D. Cal., consolidated Dec. 7, 2016).
"I tend to be what people describe as a type A personality," Mortimer said. "Obsessively prepared, I try to focus on understanding the facts and the clients' businesses. I don't think this year is different in how I go about it, but I appreciate there's a recognition of cases I've been involved in. In California, in particular, it's such a vibrant legal market, and poses a unique challenge to businesses doing business here, and my focus has evolved to a practice focus on consumer class actions. It's been extremely gratifying to be involved in very interesting ones."
In another case last spring, Mortimer scored a major victory for client Diageo plc, the world's largest spirit producer, in a packaging and labeling class action lawsuit that alleged Red Stripe Lager's "Jamaican-style" references misled consumers into believing it is brewed and bottled in Jamaica. Mortimer argued no reasonable consumer could be misled by the label indicating it is bottled in Pennsylvania.
"The beverage was stamped with a clear indicator that it was brewed in Latrobe, Pennsylvania," she said. "Plus, this was fanciful and nostalgic to the history of the brand, rather than origin, and I think it that was an interesting case."
— Matt Sanderson
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