FacultyFaculty/Author Profile
Giovanna A Ferrari

Giovanna A Ferrari

Seyfarth Shaw LLP
Partner, Income
San Francisco, CA, USA


Ms. Ferrari is a partner in the Litigation Department of Seyfarth Shaw LLP. She has counseled and represented clients in all phases of litigation, including at trial, at temporary restraining/injunction proceedings, at mediation, in AAA, JAMS and NASD/FINRA arbitrations, at EEOC proceedings, and in appellate proceedings. Ms. Ferrari is experienced in state and federal class action defense.

Ms. Ferrari specializes in commercial and business litigation effecting all industries with a   special focus on the retail/hospitality and financial services industries. Ms. Ferrari defends companies against commercial contract disputes, fraud and misrepresentation claims, common law and statutory business tort claims, California statutory consumer fraud claims, indemnity and contribution claims, and construction contract claims. Ms. Ferrari is also experienced in employment litigation (including defense of wage and hour class actions, discrimination and harassment claims, and California Labor Code violation claims, and prosecution of trade secret claims).

Ms. Ferrari is an active member of the office Marketing Committee and the Women’s Affinity Group.

Education 

J.D., University of San Francisco School of Law (2003)
magna cum laude

B.A., University of California, Los Angeles (2000)

Admissions

California

  • Courts
  • California Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court Eastern District of California
  • U.S. District Courts for the Northern District of California

Affiliations

Association of Business Trial Lawyers California Women’s Leadership Roundtable Cycle for Survival

  • Representative Engagements
  • National litigation and trial counsel for two financial services companies; Member Preferred Firm Relationship Partner/Team (2012-Present)
  • Representing nationwide retailer at trial against wrongful termination and defamation claims (Pending)
  • Lead counsel for 97 Defendants and representing 10 hotels in antitrust and business tort class action related to claims by taxi-cab driver that hotels have interfered with opportunity to obtain guest fares (Pending)
  • Representing nationwide retailer at arbitration against gender discrimination claims (Pending)
  • Representing property owners against premises liability, wage and hour, and Labor Code violation claims (Pending)
  • Defending nationwide retailer in two California state consumer fraud class actions where plaintiffs allege products were misbranded and falsely labeled as being organic and/or natural. (Pending)
  • Dismissal of nationwide consumer fraud class action alleging products were misbranded and falsely labeled as being organic, natural, GMO-free, and/or containing ingredients identified by defendants as unacceptable on company website. Gedalia v. Whole Foods Market Services, Inc., --- F.Supp.3d ---, 2014 WL 5315030 (S.D. Tex. Sept. 30, 2014),
  • Advising nationwide retailer regarding website representations related to “healthfulness” of products.
  • Obtained summary adjudication of $29 million fraud claim in government contract dispute; obtained dismissal of $1.4 million breach of contract claim as a matter of law following six day federal court jury trial (2012-February 2014)
  • Represented underwater robot manufacturer in AAA arbitration regarding a $6 million breach of contract claim and a $9 million breach of contract cross-claim (April 2014)
  • Obtained Temporary Restraining Order against accountant placement agency for misappropriation of trade secrets following temporary injunction proceedings (April 2013)
  • Obtained dismissal of class action complaint alleging unsuitable sale of annuities to seniors at motion to dismiss stage (decision published at Von Merta v. Allstate Life Insurance Co., 2012 WL 5519203 (N.D. Cal. November 14, 2012))
  • Obtained Temporary Restraining Order and Preliminary Injunction against computer software development conglomerate for misappropriation of trade secrets following temporary injunction proceedings and three-day preliminary injunction hearing (February- June 2012)
  • Represented insurer in $2 million subrogation dispute through pre-trial state court jury trial proceedings (2011-2012)
  • Obtained summary adjudication of punitive damages and attorneys’ fees claims in $5 million breach of contract and bad faith case leading to nominal settlement and dismissal with prejudice during pre-trial proceedings (2010-2011)
  • Defeated $200,000 sanctions request related to e-discovery production techniques following one-day evidentiary hearing where opening, closing and expert testimony were presented (2011)
  • Obtained TRO against highly publicized trade secret case against CEO of publically traded company (2010)
  • Obtained dismissal of class action complaint alleging statutory consumer fraud claims at initial pleadings stage (2010)
  • Prosecuted breach of fiduciary duty and breach of contract claims through nine week state court bench trial and represented client in initial state court appellate proceedings (2008-2010)
  • Obtained defense verdict for title company affiliate sued for trade secret misappropriation following ten week state court jury trial (successfully represented client in two week bench trial on bifurcated issues) (2008-2009)
  • Obtained favorable settlement for Clark County, Nevada with respect to multi-million dollar construction contract claims following exclusion of expert witness from Federal Court proceedings (also represented client in AAA arbitrations) (2007-2009)
  • Defended owner in construction breach of contract dispute in two week AAA arbitration (2007)
  • Defended $3 million breach of contract claim at four week federal jury trial and in initial Ninth Circuit appellate proceedings (2006-2007)
  • Defended annuity issuers in Multi-District Litigation and coordinated California class actions against allegations of unsuitable sale of annuities to seniors (2005-2007)
  • Obtained favorable verdicts following two state court bench trials (bifurcated proceedings) involving indemnity and subrogation claims (2006)
  • Obtained favorable verdict following state court bench trial involving indemnity claim (2005);
  • Obtained favorable verdicts for investment advisors against consumer complaints before NASD Panels (2004; 2005)

Publications/Presentations

Consumer Class Action

  • Presenter,“State of Consumer Class Litigation­Seyfarth’s Class Action Webinar Series,” (April 2015)
  • Individualized Inquiries Predominate in Call Recording Cases: California Court of Appeal Affirms Denial of Class Certification in Call Recording/Privacy Case Because Individual Issues Predominate Regarding Each Putative Class Members’ Expectation of Confidentiality (February 2014)Von Merta v. Allstate Life Insurance Co., 2012 WL 5519203 N.D. Cal. (November 14, 2012)
  • Eighth Circuit Rules that Class Action Fairness Act Removal Requires Only “Plausible”
  • Evidence of Amount in Controversy (July 2013)
  • “Consumer Statutes Retailers Need to Know,” Retail White Paper (2010, 2011) “Important Consumer Statutes for Retailers”, Presenter, 2011 Multi­Channel Marketing Summit (2011)
  • Trade Secret Misappropriation
  • “Measuring Economic Damages When Trade Secrets Are Misappropriated,” Presenter 2013 AICPA Conference (November 2013)
  • Construction
  • “How to Win a Construction Arbitration,” Legal Advisory Committee Magazine, Associated General Contractors of California
  • “California Cumulative Supplement,” State-by-State Guide to Architect, Engineer, and Contractor Licensing update
  • “Make Sure You Submit Accurate Claims on Public Projects,” Cost Engineering Magazine CEB Action Guide: Handling Construction Disputesupdate
  • “Building Code Compliance—Who Is Responsible?,” Presenter Lorman Training (2008, 2009, 2010)
  • “Understanding the American Recovery and Reinvestment Act of 2009”, Presenter AGC Annual Legal Retreat (2009)

Externships

Justice Joyce Kennard (California Supreme Court); Judge Saundra Brown Armstrong (United States District Court, Northern District California); Securities and Exchange Commission

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