Litigation

Sarah Esmaili focuses her practice on complex litigation involving consumer protection, product liability, environmental, unfair business practices, California Proposition 65, and toxic tort claims. 

Ms. Esmaili regularly handles cases involving consumer protection and environmental claims regarding consumer products and services. She has represented companies in a wide range of industries including the airline, cleaning product, cosmetic, dietary supplement, food and beverage, houseware, medical device, petroleum, plumbing fixtures, and restaurant. Her practice often involves multiparty representation in cases that concern issues of industry-wide significance. She is frequently involved in cases with complex scientific and technical issues where she works with experts and consultants. She participated in the San Francisco District Attorney's volunteer program where she first-chaired several successful jury trials.

Ms. Esmaili's practice also includes counseling companies with respect to a variety of consumer product safety and environmental laws. Her work in this area includes representing a company in a major, long-term wetland remediation and restoration project involving numerous regulatory agencies. She also regularly advises clients on occupational safety and health laws, including working with experts on compliance reviews, and has handled appeals of enforcement actions by the California Division of Occupational Safety and Health.

Ms. Esmaili has worked on various pro bono matters. Her pro bono experience includes representing a client in habeas corpus proceedings in a death penalty case and managing a team in the investigation and preparation of guilt and mitigation phase claims. She has also successfully handled political asylum cases. In 2006, she was awarded the Keta Taylor Colby Pro Bono Award in recognition of her service to the disadvantaged.

Ms. Esmaili is fluent in Spanish.

Litigation Representative Matters

• Represents various national restaurant systems in class action and Proposition 65 lawsuits brought by animal rights advocacy group concerning grilled chicken products
• Represented a major casual dining restaurant system and its licensor in defense of multiple state and federal class actions challenging the accuracy of nutritional information listed for certain items on restaurant menus
• Represented a global beverage company regarding allegations that soft drink bottles illegally imported and sold in California by others require a warning under Proposition 65
• Represented industry association in declaratory relief action challenging the constitutionality of restaurant menu labeling ordinances enacted by two California municipalities and negotiated stays of enforcement until ordinances were suspended
• Represented home furnishings company in defense of indemnification claims brought by retailer for damages concerning Proposition 65 claims
• Represented an aerospace manufacturing company in a multiparty Comprehensive Environmental Response, Compensation, and Liability Act contribution action and played a key role in leading pre-trial litigation efforts
• Represented a major chemical company in a long-term wetland restoration project involving multiple agency approvals and oversight and negotiated complex access agreements