John S. Purcell

Partner

John Purcell is a litigation Partner in the Los Angeles office.

John Purcell, Partner, Los Angeles at Arent Fox LLP

John’s practice covers a number of areas of commercial law, with special emphasis in class actions, intellectual property and media. He has represented large commercial clients in a number of nationwide class actions, especially those involving alleged violations of consumer protection laws.

John’s practice also includes litigation relating to copyright, patent, trademark, idea theft, trade secret and unfair competition. He also has substantial experience in construction, employment, real estate, securities and environmental nuisance matters.

John’s clients have included Sony Electronics, Sprint, CBS, Warner Bros., Yahoo!, Airbnb, The Academy of Motion Picture Arts and Sciences, Mattel, American Realty Capital and Mitsubishi Electric.

Representative Matters

  • Successfully obtained dismissal of negligence/17200 class action against national entertainment company by successfully enforcing arbitration clause.

  • Obtained favorable settlement in insurance coverage disputes relating to vast and complex environmental clean-up of a superfund site located on a former naval shipyard in Vallejo, California.  Matter involved negotiations with, and discovery from, local, state and federal agencies.

  • Obtained dismissal of CLRA claims against consumer electronics company in Alameda County Superior Court in class action related to advertising of 4K televisions.

  • Successfully obtained dismissal of claims against senior member of Cambodian government by successfully establishing lack of personal jurisdiction in a case that received national and international attention.

  • Successfully settled complex multi-party dispute involving alleged violations of Los Angeles short term rental ordinance on behalf of nationwide online hosting platform.

  • Obtained summary judgment in favor of consumer electronics company in class action based in Central District of California. Nationwide class of consumers alleged breach of warranty, false advertising, and related claims arising from marketing of 1080p televisions. Successfully defended this judgment on appeal before the Ninth Circuit.
  • Obtained summary judgment in California state court for major wireless telecommunications company arising out of alleged disclosure of confidential consumer information. Matter involved allegations of negligence and breach of privacy arising from allegedly divulging private consumer information to third parties. Upheld by California Court of Appeal.
  • Settled potential $1.5 billion class action involving the alleged failure of a wireless carrier to provide consumers with credit disclosures for $15,000 after defeating class certification in the Central District of California.
  • Settled dispute on behalf of cinema chain arising from alleged improper retention of consumer data obtained through customer kiosks.
  • Represented consumer advocate group in litigation against major drug manufacturer in patent case, leading to favorable settlement.
  • Settled complex nationwide class action on behalf of consumer electronics company involving seven separate actions alleging defects in optical blocks of rear projection televisions. Was able to obtain settlement approval from MDL panel in the Southern District of New York despite objections raised by adverse groups of plaintiffs’ counsel. After the adverse plaintiffs appealed the settlement, successfully defended it before the Second Circuit.
  • Obtained summary judgment of Florida class action alleging that early termination fees in consumer wireless contracts violated public policy. Florida state court held the practice did not violate Florida’s Unfair and Deceptive Trade Practices Act. Although there were several similar suits across the country based on various consumer protection statutes, this was the first time a court explicitly upheld the practice of charging these fees.
  • Settled 10-plaintiff lawsuit on behalf of major waste disposal company involving allegations of environmental nuisance arising from generators located at land fill. After taking depositions of each plaintiff and filing summary judgment motions, settled case on favorable terms for client.
  • Obtained a 75% reduction of fees alleged owed to talent agency by actress in a breach of contract action in Los Angeles.
  • Won summary judgment in multi-million dollar fraud claim against major telecommunications company venued in Central District of California.
  • Obtained consent judgment and attorney’s fees in theft of trade secrets case against test preparation company in Central District of California.
  • Obtained dismissal of $35 million dollar class action against major waste disposal company involving allegations that favorable rates were procured through fraud. Complaint dismissed at the demurrer stage.
  • Obtained dismissal of §16 short swing profit claims against directors of a healthcare company.
  • Obtained defense judgment after bench trial on claims of breach of warranty and fraud claims in favor of large baking equipment manufacturer.
  • Represented major film studio in multiple wrongful termination actions involving allegations of hostile work environment and retaliation.
  • Settled copyright/idea theft lawsuit involving allegations relating to CD-ROM interactive games on behalf of major toy manufacturer.
     

Previous Work

John was previously a partner at a large international law firm.

Professional Activities

  • Panelist, American Bar Association 2017 Corporate Counsel CLE Seminar, “My Last Day Will Be in Two Weeks… and I’m Taking Your IP With Me”: Protecting Trade Secrets When Employees Leave the Company
  • Member, American Bar Association
  • Member, Los Angeles County Bar Association
  • Lecturer, Beverly Hills Bar Association—“You Can’t Take That With You”—Trade Secrets in the Employment Context
  • Lecturer, Developments in Trademark and Copyright Registration
  • Lecturer, Developments in Class Action Law

Perspectives