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Partner
Practice Focus
Consumer Protection and Advertising
Angel A. Garganta represents businesses, including manufacturers, service companies, and financial institutions, in a broad range of unfair business practice/consumer class actions and complex commercial disputes. He is a recognized authority on consumer protection and advertising laws and uses his experience to achieve cost-effective, efficient results for his clients through the early and strategic use of motions to dispose of cases or to position them for favorable settlements.
Mr. Garganta clerked for the Honorable Marilyn Hall Patel, United States District Judge for the Northern District of California. He has served as President of the San Francisco Bank Attorneys Association, on the Board of Directors of the Bar Association of San Francisco, on the Executive Committee of its Litigation Section, and on the Editorial Advisory Board of California Forms of Pleading and Practice (Matthew Bender, ed.). Mr. Garganta has repeatedly been recognized as a Northern California "Super Lawyer" by his peers and Law & Politics and San Francisco magazines. He was Associate Editor of the California Law Review at University of California Berkeley School of Law (Boalt Hall) and is fluent in Spanish and French.
Consumer Protection and Advertising Representative Matters
- Defending a national food manufacturer and a national grocery chain in multiple false advertising and consumer class actions regarding the trans fat content of various food products.
- Obtaining dismissal with prejudice of all claims against an inventory services company in a consumer class action alleging fraud and conspiracy in connection with an alleged recall of certain pharmaceutical products.
- Obtaining summary judgment and dismissal for a national restaurant chain in multiple consumer class actions nationally alleging false advertising about the nutritional content of its menu items
- Defending a yogurt manufacturer in multiple consumer class actions nationally alleging false advertising about the health benefits of its probiotic products
- Defending a manufacturer of Bluetooth headsets in federal multidistrict false advertising and unfair business practices class actions alleging failure to warn consumers of hearing loss risk
- Defending a national retailer of nutritional supplements in multiple consumer fraud and unfair business practices class actions concerning product quality
- Defending a printer manufacturer in a private attorney general action alleging misleading print speed ratings
- Defending a prescription drug manufacturer in a products liability class action alleging misleading labeling
- Defending a national motor vehicle finance company in a nationwide class action alleging false advertising and unfair business practices regarding its extended service plans
- Representing a major French food and beverage producer as plaintiff in a multijurisdictional international commercial litigation against its Chinese joint venture partners
Representative Matters
- Defending a national food manufacturer and a national grocery chain in multiple false advertising and consumer class actions regarding the trans fat content of various food products.
- Obtaining dismissal with prejudice of all claims against an inventory services company in a consumer class action alleging fraud and conspiracy in connection with an alleged recall of certain pharmaceutical products.
- Obtaining summary judgment and dismissal for a national restaurant chain in multiple consumer class actions nationally alleging false advertising about the nutritional content of its menu items
- Defending a yogurt manufacturer in multiple consumer class actions nationally alleging false advertising about the health benefits of its probiotic products
- Defending a manufacturer of Bluetooth headsets in federal multidistrict false advertising and unfair business practices class actions alleging failure to warn consumers of hearing loss risk
- Defending a national retailer of nutritional supplements in multiple consumer fraud and unfair business practices class actions concerning product quality
- Defending a printer manufacturer in a private attorney general action alleging misleading print speed ratings
- Defending a prescription drug manufacturer in a products liability class action alleging misleading labeling
- Defending a national motor vehicle finance company in a nationwide class action alleging false advertising and unfair business practices regarding its extended service plans
- Representing a major French food and beverage producer as plaintiff in a multijurisdictional international commercial litigation against its Chinese joint venture partners
- Defending a major national bank in an unfair business practices class action alleging violation of consumer privacy rights
- Representing a California state agency as plaintiff in foreclosure and receivership proceedings against a defaulting borrower, recovering nearly US$17 million
- Defending a major real estate management company in several tenant class actions challenging its application and security deposit practices
- Defeating a multimillion-dollar lender-liability cross-claim on summary judgment
- Achieving a no-payment settlement for a major national bank in a mortgage lending assignee liability and unfair business practices class action
- Defending a major bank in an unfair business practices and fraud class action, resulting in a favorable settlement after fraud claim was dismissed
Rankings
Northern California Super Lawyers 2004-2011for Business Litigation, Civil Litigation Defense, Consumer Law, and Banking
Professional and Community Activities
Professional Activity
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Bar Association of San Francisco
- Judiciary Committee
- Board of Directors
- Executive Committee, Litigation Section
- Board of Directors, Barristers Club
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Editorial Advisory Board Member, California Forms of Pleading and Practice (Matthew Bender)
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Board of Directors, Northern District of California Practice Program
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President, San Francisco Bank Attorneys Association
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Consumer Financial Services Committee, State Bar of California
Articles
Angel A. Garganta "Regulatory: Food Industry Served With Plateful of Misbranding Class Actions" Inside Counsel, January 2, 2013
Angel A. Garganta "Defending Class Actions in the "Wild West": The Changing Landscape of California's Consumer Protection Laws" (PDF: 113 kB) The Antitrust Source. © 2011 by the American Bar Association. Reproduced with permission. All rights reserved. June 2011
Angel A. Garganta "Recent Developments in California Consumer Protection Law & Practice" Co-author, Business Law News, State Bar of California, 2007
Angel A. Garganta "The 'Non-Class' Class Action is Dead: California Courts Implement Proposition 64 Reforms, Restrict Consumer Suits" Co-author, Prop. 65 Clearinghouse, Vol. 4, No. 37, October 2006
Angel A. Garganta "Made in USA' Interpreted Strictly in California" Co-author, Australian Product Liability Reporter, Vol. 15, No. 8, September 2004
Blogs
Angel A. Garganta "Third Circuit Affirms Dismissal of Food Class Action on Preemption Grounds" Consumer Advertising Law Blog, May 17, 2013
Angel A. Garganta and Lauren K. Peay "A Reminder for Those Eager to Jump on the "Made in U.S.A." Bandwagon" Consumer Advertising Law Blog, February 12, 2013
Angel A. Garganta "More Than Just Bed Bugs Keeping FTC Up at Night" Consumer Advertising Law Blog, November 1, 2012
Angel A. Garganta and Jeremy M. McLaughlin "US Supreme Court To Hear Case About Evidence Of Damages At The Class Certification Stage" Consumer Advertising Law Blog, July 5, 2012
Angel A. Garganta and Trenton H. Norris "Skechers Pays Up for its Shape-Ups" Consumer Advertising Law Blog, May 21, 2012
Angel A. Garganta "FTC Workshop: Introduction to Mobile Payment Systems (Part 1 of 2)" Consumer Advertising Law Blog, May 7, 2012
Trenton H. Norris and Angel A. Garganta "GE Foods: To Label or Not to Label - That is the Question (Again)" Consumer Advertising Law Blog, April 26, 2012
Jeremy M. McLaughlin and Angel A. Garganta "Google Privacy Policy Change Spawns Swath of New Lawsuits" Consumer Advertising Law Blog, April 11, 2012
Nancy L. Perkins, Angel A. Garganta and Jeremy M. McLaughlin "A New Dawn: California's "Shine the Light" Law Suddenly Illuminating California Courts" Consumer Advertising Law Blog, March 14, 2012
Angel A. Garganta "Differences in State Consumer Protection Laws Making Nationwide Class Certification Less Likely" Consumer Advertising Law Blog, March 7, 2012
James F. Speyer, Angel A. Garganta and McCormick Conforti "The Hazards of Dukes for Potential Classes in False Advertising Cases" Consumer Advertising Law Blog, June 28, 2011
Angel A. Garganta and Zachary B. Allen "Birdsong v. Apple: Just Because You Might Hurt Yourself Doesn't Mean You Get to Sue" Consumer Advertising Law Blog, January 8, 2010
Presentations
Angel A. Garganta "The Conundrum of Class Settlement Approval: How a Judge Figures Out What's Really in the Best Interests of the Class" Panelist, Northern District of California 2013 Judicial Conference, April 13, 2013
Angel A. Garganta "Class Action Litigation Update" Panelist, Grocery Manufacturers Association (GMA) Litigation Conference, Miami, FL, February 21, 2013
Angel A. Garganta "Food Labeling Litigation Issues" Panelist, Food Processing Expo 2013, California League of Food Processors (CLFP), Sacramento, CA, February 2013
Angel A. Garganta "Litigating "All-Natural," "Wholesome", Health and GMO Related Claims: How to Substantiate Your Product's Marketing Message and Craft Effective Defenses to Deceptive Packaging and Labeling Based Claims" co-chair, ACI's Food Consumer Fraud Litigation Conference, Chicago, IL, November 28, 2012
Angel A. Garganta "The Supreme Court Theater: Now Playing and Coming Soon" Moderator, 22nd Annual Golden State Antitrust and Unfair Competition Law Institute & Antitrust Lawyer of the Year Award Dinner, San Francisco, CA, October 25, 2012
Angel A. Garganta "Settlement Mechanics in Light of Increased Scrutiny of Settlement Agreements, including Strategies for Dealing with Class Objectors" 13th Annual Class Action Litigation & Management Conference, San Francisco, CA, August 2012
Angel A. Garganta "Qualified Settlement Funds" Panelist, Bridgeport Continuing Education, March 15, 2012
Angel A. Garganta "From Health-Focused Marketing to Unappetizing Litigation: The Latest Trends in Food Labeling and Advertising Class Actions" Speaker, GMA 2012 Food Claims & Litigation Conference: Navigating Change in Food Related Litigation, Dana Point, CA, February 21-23, 2012
Angel A. Garganta "Pre-Certification Dispositive Motions, Pleadings Challenges, 12 (b)(1) Motions, Economic Injury v. Manifestations" Chair and Panelist, 11th Annual Class Action Litigation Conference, San Francisco, CA, August 11-12, 2011
Angel A. Garganta "Deterring and Defending Against the Growing Nightmare of Consumer Class Action Litigation" Speaker, American Conference Institute’s 2nd Annual Forum on Litigating and Resolving Advertising Disputes, New York, NY, June 22, 2011
Angel A. Garganta "Update - The Class Action Fairness Act ("CAFA")" Panelist, Northern District of California Practice Program, April 27, 2011
Angel A. Garganta "California's Unfair Competition Law and the "No-Injury Class Action" Speaker, The American Bar Association, 59th Antitrust Law Section Spring Meeting, Washington, DC, April 1, 2011
Angel A. Garganta "Updates in Food Marketing Litigation" Panelist, The American Bar Association, Section of Antitrust Law, Private Advertising Litigation Committee, February 2011
Angel A. Garganta "Legal Developments In The Obama Era: Consumer Protection and Consumer Class Actions" (PDF: 419 kB) Minority Attorney Summit, May 7, 2010
Angel A. Garganta "Navigating Ethical Grey Areas in Class Action Litigation" Positioning the Class Action Defense for Early Success: ACI 2nd Annual Defense Counsel Summit, October 2008
Angel A. Garganta "New Issues in Food Liability: Menu Labeling Legislation and Litigation" The Legal Council 2008 Fall Seminar, October 2008
Angel A. Garganta and Sharon D. Mayo "Update on Recent Developments Under California's Consumer Protection Laws, with Emphasis on Consumer Litigation Against Financial Institutions" San Francisco Bank Attorneys Association, August 2008
Angel A. Garganta "Update on Consumer Litigation Against Financial Institutions" State Bar of California, Consumer Financial Services Committee, November 2006
Angel A. Garganta "Update on Consumer Litigation Against Financial Institutions" San Francisco Bank Attorneys Association, May 2006
Angel A. Garganta "Panelist, Hot Topics in Financial Institutions Litigation" State Bar of California’s 78th Annual Meeting, September 2005
Angel A. Garganta "Co-Presenter, Update on Consumer Litigation" San Francisco Bank Attorneys Association, July 2005
Angel A. Garganta "Class Action Litigation in California: Requirements for Class Certification" Bridgeport Continuing Education Program, May 2005
Angel A. Garganta "Panelist, Person Most Knowledgeable Depositions (Rule 30 (b)(6); CCP 2025(d)): Are There Really Any Rules?" The Bar Association of San Francisco, November 2004
Angel A. Garganta "Speaker, The SB1 Privacy Litigation: Where is it Going and Where Do We Go From Here?" MCLE Program sponsored by the State Bar of California, the California Bankers Association and the San Francisco Bank Attorneys Association, October 2004
Angel A. Garganta "Panelist, Hot Topics in Financial Institutions Litigation," State Bar of California’s 77th Annual Meeting, October 2004
Angel A. Garganta "Panelist, Innovative Strategies for Pursuing Unfair Competition Claims" State Bar of California, May 2004
Angel A. Garganta "Speaker, Defending Unfair Competition Law Claims: Business and Professions Code §17200 et seq." San Francisco Bank Attorneys Association, October 2003
Angel A. Garganta "Panelist, Class Actions in California State Court: Issues and Developments From Plaintiff and Defense Perspectives" The Bar Association of San Francisco, November 2002
Angel A. Garganta "Panelist, Business and Professions Code Section 17200" California Minority Counsel Program, November 2002
Angel A. Garganta "Panelist, New Developments in California's Unfair Competition Law: What the Practitioner Needs to Know About Section 17200" The Bar Association of San Francisco, May. 2002
Angel A. Garganta "Speaker/Panelist, Overview of Changes to FRCP rules 5, 26, 30 and 37" Northern District of California Judicial Conference, April 2001
Angel A. Garganta "Moderator, The New Federal Rules of Civil Procedure: Changes in the Discovery Rules Effective December 1, 2000" The Bar Association of San Francisco, January 2001
Angel A. Garganta "Speaker, Overview of Recent Developments in Case Law Under California's Section 17200" Bay Area Association of General Counsel, August 2000
Advisories
"Supreme Court Limits Plaintiffs' Strategy to Avoid Class Action Fairness Act Removal" (PDF: 448 kB) Mar 2013
"High Court Approves Ban on Classwide Arbitration" (PDF: 375 kB) May 2011
"California Supreme Court Lowers Bar For UCL Standing, Raised Bar For Money Damages" (PDF: 333 kB) Feb 2011
"Ninth Circuit: No Standing to Bring California Unfair Competition Law Claims Based on Hypothetical Injuries" (PDF: 227 kB) Jan 2010
"CA DAs Enforce Gift Card Law Against Major Retailer, Highlighting Increasing Government Enforcement Trend" (PDF: 198 kB) Aug 2009
"CA Supreme Court Relaxes Standing and Liability Requirements Under CA's Unfair Competition Law" (PDF: 234 kB) May 2009
"Reliance Is Not Enough: California Consumers Must Lose Money or Property to Sue" (PDF: 202 kB) Mar 2009
"CA Supreme Court Rules Consumers Need Actual Injury for CLRA Claim" (PDF: 189 kB) Feb 2009
Multimedia
Angel A. Garganta,
Trenton H. Norris,
Rhonda Stewart Goldstein and Jonathan L. Koenig.
"From Health-Focused Marketing to Unappetizing Litigation: The Latest Trends in Food Labeling and Advertising Class Actions" July 31, 2012.
Angel A. Garganta,
James F. Speyer and
Kelly A. Welchans.
"Wal-Mart v. Dukes: One Year Later" June 21, 2012.
Lisa S. Blatt,
Angel A. Garganta,
Robert J. Katerberg,
Christopher S. Rhee and
James F. Speyer.
"WEBCAST: Guidance for Consumer Products & Services Companies: A Review of the Supreme Court's 2011 First Amendment and Class Action Decisions" September 20, 2011.
(also available as a Podcast)
Angel A. Garganta,
Trenton H. Norris,
Eric Shapland and
James F. Speyer.
"WEBCAST: Avoiding the Pitfalls of Selling to California Consumers" November 19, 2010.
(also available as a Podcast)