Tyson C. Redenbarger

BURLINGAME - Specializing in a wide range of civil litigation areas, Tyson C. Redenbarger, a partner at Cotchett, Pitre & McCarthy, LLP, has served as plaintiffs' counsel in numerous consumer and securities class actions in both state and federal courts.

As a plaintiff's attorney, he said he thinks creatively when running up against the challenges of litigation.

"Litigating as a plaintiff means that you have to move the case forward against significant resistance, whether that's opposing counsel, the court, or even the issues in your case," he said. "These challenges require a creative approach to overcome. I enjoy thinking outside the box and using creativity to resolve those challenges."

In a high-profile matter, Redenbarger represents retired Justice John K. Trotter in his capacity as trustee for the Fire Victim Trust in a case against PG&E over the catastrophic 2017 North Bay Fires and 2018 Camp Fire, resulting in tens of thousands of wildfire victims.

The Fire Victim Trust was created in 2020 to distribute payouts. Trotter announced in June that he was stepping down from the trust after telling his family that he would only serve two years in the position. As part of the ongoing litigation, Redenbarger is responsible for managing numerous aspects of complex discovery, including the production of more than 3.9 million documents and nearly 40 depositions. He also leads motion practice for the plaintiff team.

In another top case, Redenbarger represented the named plaintiffs in a nationwide consumer-privacy class action against Zoom Video Communications. Among the allegations, the plaintiffs alleged that Zoom improperly shared their data through third-party software from companies including Facebook and Google and claimed to have end-to-end encryption when it did not.

During litigation, Redenbarger led all pleading and motion practice for lead counsel.

The case ultimately settled for $85 million and significant injunctive relief following a hard-fought discovery process. In re: Zoom Video Communications, Inc. Privacy Litigation, 20-cv-02155-LB (N.D. Cal., filed March 20, 2020).

Redenbarger said he is especially proud of his recent case serving as one of the lead trial attorneys for the plaintiffs in a consolidated shareholder books and records action filed against Gilead Sciences in Delaware Chancery Court. The inspection action sought to investigate possible wrongdoing in connection with Gilead's development, marketing and sale of HIV drugs. The case was heavily litigated for more than a year and was eventually tried and won by the plaintiffs.

Redenbarger played a critical role in the trial, presenting an opening statement, questioning the only witness called during the trial, and presenting a closing argument.

He said one of the most challenging parts of his job is the fact that in securities and corporate litigation in California, the law favoring forum selection clauses has become stronger for corporations, which almost always select Delaware as the forum for any disputes relating to securities or corporate governance.

"Such cases, which in the past could have been litigated in Northern California where many companies are headquartered, now must be litigated in Delaware, which creates challenges for plaintiff's attorneys who don't practice in Delaware," he said.

Nonetheless, Redenbarger said the best part of his job is seeing his hard work pay off.

"Whether that be overcoming a challenging phase in a case, seeing a case through to trial, or achieving a positive result for your client," he said.