Gopi K. Panchapakesan 

Earlier this year, Gopi Panchapakesan settled a fraud and RICO putative class action seeking $1 billion from his client Herbalife for $12 million.

Over the course of his career, Panchapakesan has seen an explosion in the number of cases that include allegations of civil RICO violations, and he has become something of an expert at handling them. "You often see it as a claim pled alongside a fraud claim or an unfair competition claim," he said. "It's a complex statute, and ... there's nuanced ways to deal with it."

In the Herbalife matter, a class of distributors alleged they'd been misled about their chances of success. The case settled shortly after Panchapakesan filed for summary judgment. Rodgers et al. v. Herbalife International of America Inc., 2:19-cv-10518 (C.D. Cal., filed Dec. 12, 2019).

But Panchapakesan handles many other types of complex litigation as well. Currently, he is in trial defending an officer of the holding company that owned the controversial online classified ad site Backpage against criminal money laundering charges. The trial, which began in August, is expected to continue into November. U.S. v. Lacey, 2:18-cr-00422 (D. Ariz, filed March 28, 2018).

He won't discuss the case while the trial is continuing. But he observed that there is other litigation now against internet and social media websites over content posted by third parties. The Backpage case "could have ramifications either way in terms of how the internet's regulated and the legal exposure websites might have."

About the same time as the Herbalife settlement was preliminarily approved in April, Panchapakesan informed a different court that a settlement had been reached in a novel California False Claims Act case involving a reservation website for the state parks system. The plaintiff is a blind person who alleged the website is not accessible to those with limited vision. Bashin v. Conduent Inc., RG18888208 (Ala. Super. Ct., filed Jan. 8, 2018).

And, in June, he received final approval of a settlement of a national class action filed under Washington State's unusual Recovery of Money Lost at Gambling Act. Panchapakesan represented one of Asia's leading social gaming companies against allegations that the virtual chips used in a cellphone slot machine game have real value. It was a fun settlement to reach, he said, because it required settling with several co-defendants as well as the plaintiffs. Benson v. Double Down Interactive LLC, 2:18-cv-00525 (W.D. Wash., filed April 9, 2018).

Currently, Panchapakesan represents a former supplier suing women's leggings company LuLaRoe in what he described as "a massive breach of contract case involving tens of millions of dollars in unpaid invoices for goods." Providence Industries LLC v. LuLaRoe LLC, RIC1825263 (Riv. Super. Ct., filed Nov. 29, 2018).

The case was set for trial in November, but Panchapakesan said it probably will be moved to early next year.

-- Don DeBenedictis