David M. Jolley Partner 510-251-7174 djolley@donahue.com Download vCard LinkedIn

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David M. Jolley is a seasoned trial lawyer with over 20 years of experience.  His practice focuses on complex commercial, consumer, and financial services litigation, with an emphasis on defending against claims brought under California’s Unfair Competition Law (“Section 17200”) and Consumer Legal Remedies Act (“CLRA”).

Over the past several years, David has represented a wide range of clients, including large financial institutions, food and drug companies, corporate officers, high technology companies, and major sports leagues.  He has litigated claims of consumer fraud, unfair competition, false advertising, breach of contract, deceptive packaging, misappropriation of trade secrets, and antitrust violations, among others.

Representative Matters

Financial

  • Successfully defended Wells Fargo Bank against multiple class actions brought under California’s consumer protection laws (Section 17200 and CLRA). This was achieved either by winning summary judgment, as in Corriea v. Wells Fargo Bank, by defeating class certification, as in Endres v. Wells Fargo Bank, or by compelling non-class arbitration, as in Sylvester v. Wells Fargo Bank.
  • Successfully defended Chase Bank against a putative class action alleging violations of California’s consumer protection laws (Section 17200 and CLRA), breach of contract, and fraud. This outcome in Amirhamzeh v.Chase Bank USA resulted from a successful motion to dismiss in which all claims were dismissed with prejudice.
  • Litigated significant securities fraud claim on behalf of a Global 500 financial institution stemming from sale of complex securities, resulting in a highly favorable settlement.
  • Advised Fortune 50 financial institution on negotiations, litigation strategy, and settlement of significant dispute involving dissolution of partnership agreement.
  • Represented former CFO of publicly-held financial institution in an SEC enforcement action alleging violations of the securities laws, resulting in a favorable settlement

Manufacturing/ Production

  • Successfully represented Tootsie Roll Industries in multiple class actions involving the company’s packaging practices, securing a dismissal or favorable verdict in each case, including Gordon v. Tootsie Roll Industries, Daniel v. Tootsie Roll Industries, and Stemm v. Tootsie Roll Industries.

Technology

  • Served as counsel in misappropriation of trade secrets action for local technology company, resulting in a $52 million jury verdict for the client.

Pharmaceuticals

  • Successfully defended major pharmaceutical company in multiple class actions brought under California’s consumer protection laws (Section 17200 and CLRA) alleging violations of medical privacy statutes, resulting in the dismissal of all claims.

Sports/ Athletics

  • Successfully defended the National Football League against antitrust action involving use and licensing of sporting equipment, resulting in dismissal of all claims.

Pro Bono

  • Successfully represented a public interest group in opposing a proposed conversion from non-profit to for-profit status of the primary health insurance company in Washington and Alaska.
  • Assisted the San Francisco Public Defender’s Office in successfully challenging California’s money bail system as unconstitutional.

Recognition

  • Media, Technology, and Telecoms – Advertising and Marketing, Legal500, 2017