SAN FRANCISCO - From cases dealing with cybersecurity incidents to claims attacking a client's core business, Tiffany Cheung has consistently seen success in a plethora of high profile, precedent-setting class action matters.
She has successfully defended industry leading clients such as Warner Music Group, Apple Inc. and McKesson Corp. in mostly complex consumer class actions.
"I'm fortunate to have had the opportunity to work with talented colleagues and clients in litigating cutting-edge issues," Cheung said. "These strong partnerships really have enabled me to tackle a wide variety of class action and commercial litigation matters."
Cheung led the team that achieved decertification of the class in a Telephone Consumer Protection Act case just 10 days before trial. The Northern District of California agreed with McKesson Corporation's arguments and decertified the class of persons that allegedly received advertising faxes from a former business unit of McKesson. True Health Chiropractic Inc. v. McKesson Corporation, 4:13- cv-02219 (N.D. Cal., filed May 15, 2013).
The court found the plaintiffs failed to present class-wide evidence that could be used to determine how each purported class member received the faxes at issue.
"One of the issues that this case really illustrates is the importance of preparing your case for trial from Day One," which allowed the team to overcome challenges to class certification, Cheung explained. "Not only from Day One, but through trial and beyond. Digging into the whole case strategy from the very beginning is what enabled the team to get to a successful result for the client."
Cheung and her team also saw success in defending Nexstar Media Group in a purported class action brought under the Video Privacy Protection Act.
It was alleged that an online newsletter owned by Nexstar, The Hill, disclosed plaintiff's unique identifier and personal viewing information, including the video media they viewed, to Facebook without their consent. Under Cheung's leadership, her team secured a dismissal early in the proceedings. Kosmas v. Nexstar Media Group, Inc., 1:22-cv-10552 (D. Mass., filed April 13, 2022).
"I do think that we're grappling with novel legal theories as technology advances and innovations have often skyrocketed beyond what our laws contemplated," Cheung said. "That's one of the reasons why I think many of the cases I've worked on with our teams are really cutting-edge issues for our clients. We've had amazing opportunities to work with them to reach successful resolutions on multiple occasions."
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