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Jun. 21, 2023

Tiffany Cheung 

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Morrison Foerster LLP

Tiffany Cheung 

Tiffany Cheung's practice for years focused on defending companies in class actions about advertising or that raised claims under the Telephone Consumer Privacy Act.

She led the MoFo team that in October 2021 won the decertification of a class action against McKesson just 10 days before trial was to start about whether the giant pharmaceutical distributor had violated the TCPA by faxing unwanted ads. The case is now on appeal. True Health Chiropractic Inc. v. McKesson Corp., 22-15710, (9th Circ., filed May 10, 2022).

She also blocked a class action alleging TCPA violations with more modern technology. She won an early motion to deny certification to a class of people who said Mayvenn willfully sent unsolicited telemarketing text messages to consumers who entered the company's sweepstakes. Trim v. Mayvenn Inc., 4:20-cv-03917 (N.D. Cal., filed June 15, 2020).

But these days, in addition to cases like those, she is representing an ecology-minded waste management company in San Francisco against a class action complaining about its prior rate hikes. Villarroel v. Recology Inc., CGC-21-589528 (S.F. Super. Ct., filed Feb. 2, 2021).

And she is defending dating app company Bumble Inc. in five separate privacy class actions alleging that it and another of its apps improperly collected biometric information such as facial recognition data. Four of the cases are in Illinois. One is in San Diego. Chien v. Bumble Inc., 3:22-cv-00020 (S.D. Cal., filed Jan. 6. 2022).

"Although my practice has pretty much always focused on class actions, the types of class actions I'm working on have really expanded over time. That's what really keeps my job interesting and what I really love about my practice."

Cheung, who is the former co-chair of MoFo's global litigation department and of its class actions and mass torts practice group, credits the expansion of her practice in part to new technology that brings new causes of action. "For example, I'm now representing key technology and media clients, among others, in class actions involving privacy claims related to tools and services embedded on websites that are designed to improve user experience," she said.

In another technology-related case, she leads the defense of Warner Music in 10 cyber breach class actions that have now been consolidated. She said the attorneys are waiting to argue Warner's motion to dismiss. In re Warner Music Group Data Breach, 1:20-cv-07473 (S.D. N.Y., filed Sept. 11, 2020).

Very different from class actions are the cases she takes pro bono. She has assisted DACA applicants and domestic violence survivors facing deportation. In addition, helping children's caregivers file for guardianship has been "a regular pro bono project of mine for years," she said.

-- Don DeBenedictis

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