Troy Yoshino is the co-leader of our Class Action & Multidistrict Litigation Practice.

Troy has an aggressive approach to class action defense – he attacks in motions practice, moves strategically in discovery and presents plaintiffs with challenges and obstacles at every stage of high-stakes cases. He aims to get cases dropped or dismissed as early as possible, so that his clients do not become easy targets for repetitive class action suits.

Troy has the rare ability to see the big picture, to understand plaintiffs’ strategies and coordinate many different cases and claims across all jurisdictions. He identifies when similar issues are being probed from case to case, and makes sure his defenses are rigorously consistent with each other, as well as with clients’ overall business strategies.

Troy has substantial experience defending many types of class actions, from consumer claims to employment, privacy, financial services, insurance, toxic tort and many others. He assesses risk tolerance for clients and thoroughly explains circumstances and options. He also regularly advises on preventive measures to avoid future claims.

Troy also has a long and successful record in coordinating class action and complex proceedings, defending clients who are sued in multiple jurisdictions around the world. In addition, he is an experienced appellate lawyer and has handled appeals before the US Supreme Court, several federal circuits and various state appellate courts.

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  • Defended numerous leading consumer goods and services companies in many different class actions and multidistrict litigation proceedings alleging claims under state consumer protection statutes, as well as warranty and privacy laws.
  • Advised leading insurance companies on various aspects of coverage and underlying disputes arising from class action claims.
  • Defended several Fortune 500 companies in numerous class actions and multi-plaintiff cases alleging violations of the Alien Tort Statute and other claims based on alleged human rights violations.
  • Served as lead coordination counsel in multiple proceedings involving class actions and other complex cases, for a variety of companies throughout the US.
  • Defended numerous significant employers in wage and hour and discrimination class actions.
  • Represented a leading mortgage insurer in connection with multiple class action cases and other proceedings alleging claims under truth-in-lending and debt collection statutes, and other consumer protection laws.
  • Defended several leading mortgage lenders and servicers in federal and state class actions, including multidistrict litigation proceedings involving challenges to loan origination and servicing practices.
  • Advised many clients on risk-avoidance and risk-management strategies relating to large exposure claims, including claims arising from complaints, governmental investigations, and other matters in areas ranging from mass-production/marketing of consumer goods to Foreign Corrupt Practice Act issues.

Reported Cases

  • Luppino, No. 16-8001 (3d Cir. Mar. 7, 2016), aff’g, No. 09-5582 (D.N.J. Dec. 22, 2015) (victory for Client at class certification stage, and subsequent affirmance on appeal)

  • Nadeau, No. 500-06-000674-131 (Quebec Super.) (denial of Motion for Authorization to Institute a Class Action)

  • Ward v. Square, Inc. (S.F. Super. Dec. 17, 2015) (pre-pleading attack dismissal based on aggressive strategy)

  • McCabe, 2015 WL (N.D. Ga. Aug 20, 2015) (summary judgment granted on remaining claims in false advertising/alleged concealed defect class action, after dismissal of many claims on the pleadings in 948 F. Supp. 2d 1347 (N.D. Ga. 2013)).
  • Weininger v. Implus, Case No. 15-1375 WHO (N.D. Cal. Apr. 10, 2015) (dismissal with prejudice based on lack of cognizable injury).
  • Seifi, 2014 WL 7187111 (N.D. Cal. Dec. 16, 2014) (rejecting plaintiffs’ attempts to obtain documents of foreign parent corporation through US subsidiary).
  • Callaghan v. BMW of N. Am., 2014 WL 6629254 (N.D. Cal. Nov. 21, 2014) and 2014 WL 1340085 (N.D. Cal. Apr. 2, 2014) (dismissal of all claims at pleading stage, based upon plaintiffs’ failure to plead a plausible concealed defect).
  • Avedisian, 2014 WL 4452713 (C.D. Cal. Sept. 8, 2014) (granting summary judgment against fraud- and warranty­-based claims, based upon plaintiffs’ failure to demonstrate safety issue).
  • Sharma v. BMW of N. Am., LLC, 2014 WL 2795512 (N.D. Cal. June 19, 2014) (granting motion to dismiss fraud-­based, warranty, and product recall claims in alleged “concealed defect” class action).
  • Becnel, 2014 WL 2506506 (E.D.La. June 3, 2014) (striking class allegations at the pleading stage in consumer class action alleging product liability-, fraud- and warranty-based claims).
  • Bauman, 134 S. Ct. 746 (2014); 644 F.3d 909 (9th Cir. 2011); 579 F.3d 1088 (9th Cir. 2009); 2007 WL 486389 (N.D. Cal. Feb. 12, 2007) & 2005 WL 3157472 (N.D. Cal. Nov. 22, 2005) (dismissal and ultimate affirmance on pleadings of claims under Alien Tort Statute and Torture Victims Protection Act).
  • In re S. Afr. Apartheid Litig., 2013 WL 6813877 (S.D.N.Y. Dec. 26, 2013) & 727 F.3d 174 (2d Cir. 2013) (dismissal following lengthy trial court and appellate proceedings, ultimately on grounds that Alien Tort Statute does not apply extraterritorially).
  • Friedman, 2013 WL 8336127 (C.D. Cal. Jun 12, 2013) (granting motion to dismiss in false advertising case, on both standing and failure to state a claim).
  • Chan, 2012 U.S. Dist. Lexis 161716 (D.N.J. Nov. 9, 2012) (granting motion to dismiss all claims in putative class action; accepting several significant, developing arguments).
  • Kas, No. 11-1032, Dkt. 298 (C.D. Cal. June 11, 2012) (dismissal with prejudice in putative class action, after both standing attacks and class certification opposition filed).
  • Aguiar v. California Sierra Express, Inc., 2012 WL 1593202 (E.D. Cal May 4, 2012) (dismissal with prejudice of putative wage-and-hour class action on preemption and legal grounds).
  • Cholakyan, 281 F.R.D. 534 (C.D. Cal. Mar. 28, 2012) (denying class certification in "concealed defect" case; precluding of expert declaration on Daubert grounds).
  • Nirmui v. BMW of N. Am., LLC, 2011 WL 5195801 (D.N.J. Oct. 31, 2011) (lead coordination counsel securing dismissal of putative "concealed defect" class action on standing grounds).
  • Suddreth, 2011 WL 5240965 (D.N.J. Oct. 31, 2011) (securing dismissal of putative “concealed defect” class action based on argument that such claims cannot be asserted on fraud- or warranty-based theories after expiration of product warranty).
  • Hackett v. BMW of N. Am., 2011 WL 2647991 (N.D. III. June 30, 2011) (granting 12(b)(6) motion against consumer fraud, unjust enrichment, and implied warranty claims in putative class action).
  • Morrison v. National Australia Bank, 561 U.S. ----, 130 S. Ct. 2869 (2010) (amicus successfully urging jurisdictional limitations on extraterritorial application of securities laws).
  • Tang v. CS Clean Systems AG, 2010 WL 2766634 (Cal. App. July 14, 2010) (affirmance of forum non conveniens dismissal).
  • Velasquez v. R.C.Treatt & Co., 2009 WL 1887287 (Cal. App. July 2, 2009) (affirming dismissal on pleadings of product liability claims asserting diacetyl exposure).
  • Tang, 2008 WL 5352253 (Cal. App. Dec. 23, 2008) (affirming set-aside of default judgment for failure to comply with Hague Convention).
  • Robinson, 2008 WL 728877 (N.D. Cal. Mar. 17, 2008) (granting motion to dismiss for lack of personal jurisdiction).
  • ZAP, 2008 WL 451034 (Cal. App. Feb. 21, 2008) (affirming dismissal on pleadings of UCL and other business tort claims).
  • IFPTE Local 21, AFL-CIO v. Superior Court, 42 Cal. 4th 319 (Aug. 27, 2007) (amicus urging privacy interests).
  • McCann v. Lucky Money, Inc., 129 Cal. App. 4th 1382 (May 9, 2005) (limiting duty of disclosure under UCL).

Education

  • University of Michigan, J.D., cum laude
  • Pomona College, B.A., cum laude

Admissions

  • California

Memberships and Affiliations

  • State Bar of California, Litigation and Antitrust & Unfair Competition Divisions
  • American Bar Association, Litigation Section, Class Actions Committee
  • California Minority Counsel Program
  • National Asian Pacific American Bar Association
  • Asia Society
  • Recognized as 2015 Legal Elite: Class Action Defense Lawyer of the Year – California by Corporate America Magazine
  • Listed as a Northern California Super Lawyer by Super Lawyers 2011-15

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  • Presenter, “Hot Auto Class Action Topics: Concealed Defects, Secret Warranties, and Other Claims,” CLE Presentation, July 27, 2012.
  • Contributor, The Consumer Legal Remedies Act, California Antitrust & Unfair Competition Law, Fourth ed., 2010.
  • Author, “Crossing the (Border) Line: The Adverse Consequences of FCPA Enforcement Against Foreign Companies Acting on Foreign Soil,” BNA Class Action Litig. Rptr., July 23, 2010.
  • Author, “An End to Fraud-on-the-Agency Claims: Buckman Preemption,” BNA Prod. Safety & Liab. Rptr., September 2009.
  • Author, “Recent Wave of Case Law Rejects “’Concealed Defect’ Class Actions,” Class Action Watch, April 2009.
  • Co-author, with Justs Karlsons, “Coordination Programs and Strategies: The Essential Basis for Successful Product Liability Defense,” 2008.
  • Position Paper Author, “Product Liability Advisory Counsel Committee Regarding the Proposed Restatement of Principles of the Law of Aggregate Litigation,” May 2007.
  • Presenter, “Recent Developments in Wage-and-Hour Class Action Litigation,” CLE Presentation, October 25, 2004.
  • Author, “Cover Your Ears: Despite What You’ve Heard, Class Action Principles Remain the Same After Sav­On,” The Recorder, September 15, 2004.

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