Ann Marie Mortimer

Litigation

Los Angeles

With 32 years of experience, Ann Marie Mortimer is an impactful litigator attaining noteworthy results for name brand clients in their most challenging class action, commercial, data breach and environmental toxic tort cases.

She said her passion for advocacy was never in doubt, as she possesses a high emotional intelligence quotient, which she humorously admits surpasses her math skills.

"I am also a bit of a science geek, so when you put together my people skills with my nerdy tendencies, you get someone who is willing to dig into the details but translate it into a big-picture thematic story. And to me that is the fundamental recipe for persuasion," Mortimer quipped.

She said she can't discuss pending cases, but some of her past victories include a landmark case for Walmart. Mortimer secured a decisive victory by having a data breach class action lawsuit dismissed in its entirety and with prejudice. Gardiner v. Walmart Inc., 4:20-cv-04618 (N.D. Cal., filed July 10, 2020).

This case was recognized by the Daily Journal as a "Top Defense Verdict" of 2021, marking a significant milestone in the legal landscape.

"The decision is also significant in light of the potential exposure to Walmart," Mortimer explained. "The plaintiff claimed hackers accessed personally identifiable information associated with more than two million online Walmart shoppers. Given the substantial number of customers who shop on Walmart.com every week, as well as the CCPA's statutory penalties, damages could have been substantial."

She also won a significant victory for Bath & Body Works, Inc. (formerly L Brands) in a high-stakes class action involving multiple prominent retailers.

Alleging among other things violations of the CCPA, plaintiffs claimed retailers shared consumer data without consent with a loss prevention vendor (TRE), which developed a "risk score" to combat fraudulent and abusive store returns.

Mortimer said the plaintiffs' theory was particularly novel because the claimed CCPA violation did not involve a data breach.

"The retailers moved to dismiss, arguing the CCPA does not contain a private right of action outside of the data breach context and that claims arising before the operative date of the CCPA had to be dismissed, because the law is not retroactive," she said. "The court agreed, and in the order of dismissal, the court cited Gardiner v. Walmart, a pivotal victory I led for Walmart just one year earlier."

Mortimer said she has had the privilege of practicing at the leading edge of many emerging legal theories.

"Although there is no one blueprint for success, I find the old rule that it is 90% perspiration and 10% inspiration still rings true," she said. "You will never succeed by snorkeling at the surface - you have to really be willing to dive in and master a subject to persuade."