LOS ANGELES - Davida P. Brook has worked on major commercial litigation involving securities, contracts, employment and patents. For the last two years, however, her practice has been dominated by Krakens and the Big Lie.
She is one of a trio of Susman partners representing Dominion Voting Systems in a series of defamation suits against Fox News Network, Fox Corp., Rudy Giuliani, Sidney Powell and others who claimed the company somehow rigged its voting machines to prevent former President Donald J. Trump from winning the 2020 election. US Dominion Inc. v. Fox News Network LLC, N21C-03-257 (Del. Super. Ct., filed March 26, 2021). US Dominion Inc. v. Powell, 1:21-cv-00040 (D. D.C., filed Jan. 8, 2021).
The action against Fox News seeks $1.6 billion in damages. Several of the others ask for $1.3 billion each.
"It's an exciting case. It's a really important case," Brook said. "I feel very lucky that I get to be working on it because it's one where I feel very strongly about the outcome and also about the process."
The process has worked quite well for her and her colleagues so far. They have defeated every motion to dismiss filed by defendants in every case except for one that has not been ruled on yet.
"Our position is pretty straightforward ... As we said in our complaint, the truth matters and lies have consequences."
Before Dominion's defamation litigation, Brook had represented several women who, as part of the #MeToo movement, had alleged sexual assaults by powerful men and were then sued for defamation. Her clients were "everyday folk," not celebrities. "It was an unfortunate campaign," she said.
Brook now is involved in a pair of significant potential class actions against MindGeek, the parent company of PornHub, that accuse it of knowingly posting thousands of pornographic videos featuring persons under the age of 18. Doe v. MindGeek USA Inc., 8:21-cv-00338 (C.D. Cal., filed Feb. 19, 2021).
Many clients these days want an attorney who will win in court but also "understands the complexities of social media," she said. "That is the type of litigation I've had the privilege of doing for my clients over the last couple of years."
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