Litigation

Sharon Mayo is a business litigator with over 20 years of experience in a broad range of disputes and industries. Her practice focuses on complex commercial litigation, primarily in the substantive areas of unfair competition/unfair trade practices (including Cal. Bus. & Prof. Code §17200), antitrust, contractual disputes, and business torts. Ms. Mayo has extensive experience in defending and resolving class actions, including appeals therefrom. Her clients reflect a broad cross-section of the economy-including the financial services, pharmaceutical, consumer products, satellite television, and music industries, among others.

A significant portion of Ms. Mayo's practice involves counseling and defending financial institutions and payment card companies in class actions challenging their business practices, including transaction posting order, promotional and default interest rates, overdraft fees, interchange fees, and loyalty rules.

Ms. Mayo was recognized as a Northern California Super Lawyer for business litigation in 2012. She is also an AV-rated attorney, a peer-awarded honor given by Martindale-Hubbell.

Litigation Representative Matters

Financial Services

• Defending one of the largest US banking institutions in several state and federal class actions brought under California Bus. & Prof. Code §17200 and other UDAP statutes.
• Defending one of the largest US banking institutions in multidistrict litigation over posting order of transactions, In re Checking Account Overdraft Litigation, MDL No. 2036.
• Defending worldwide payment card company in state class actions that assert claims under state antitrust and consumer protection statutes, In re Credit/Debit Card Tying Cases, Judicial Council Coordination Proceeding 4335.
• Defending worldwide payment card company in merchant class actions and multidistrict litigation that assert claims of price-fixing, conspiracy and attempt to monopolize, and other restraints of trade under the Sherman Act, In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720.

Litigation

• Defending Bristol-Myers Squibb and Sanofi in multiple products liability actions concerning Plavix®.
• Defended LG Electronics, Inc. in multidistrict antitrust and unfair competition litigation relating to CRT pricing, In re Cathode Ray Tube (CRT) Antitrust Litigation, MDL No. 1917, and similar actions brought by state attorneys general.
• Defended pharmaceutical manufacturer in federal class action asserting overcharges under a federal drug discount program (see County of Santa Clara v. Astra USA, et al., 2006 WL 2193343 (N.D. Cal. July 28, 2006); 2006 WL 1344572 (N.D. Cal. May 17, 2006); 428 F.Supp.2d 1029 (N.D. Cal. 2006); Astra USA, Inc. v. County of Santa Clara, 131 S. Ct. 1342 (holding that third-party beneficiaries to pharmaceutical pricing agreement with the government could not sue pharmaceutical manufacturers to enforce the contract; action dismissed)).
• Defended major US government contractor in federal civil rights action and constitutional challenge to the government's "No-Fly List."
• Obtained multimillion dollar judgment for nonprofit organization following several week trial establishing "alter-ego" liability of another organization for its failed former subsidiary.
• Coordinated defense of over 2,000 products liability actions in multidistrict litigation against diet drug manufacturer.
• Representing America's oldest performing rights organization in litigation to enforce the music copyrights of its composer, songwriter, and publisher members, in hundreds of cases over more than 15 years.
• Obtained summary judgment in favor of copyright owners, including statutory damages and attorneys' fees, for infringement of musical copyrights by public performance at defendants' establishment, affirmed on appeal (see Range Road Music, Inc. v. East Coast Foods, Inc., 668 F.3d 1148 (9th Cir. 2012), cert. denied, 133 S.Ct. 209 (2012)).
• Obtained summary judgment for internet publisher against USENET operator on claims of copyright infringement.
• Litigation counsel to satellite television distributor in “bet the company” litigation over terms of contractual distribution rights.
• Successfully represented several AmLaw 100 firms in professional liability actions.