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Steven B. Weisburd

Steven B. Weisburd

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Overview

Steven B. Weisburd has extensive experience representing businesses and individuals in federal and state courts in California and across the country, including class actions, business disputes, mass torts, MDLs, products liability, and other complex civil litigation, for clients in the consumer products industry, mass media and entertainment industries, technology industries, and financial services industry. A skilled litigator and legal strategist, Steven has over the past three decades amassed a long track record of winning high profile cases and derailing high-stakes litigation, including multi-billion disputes, through tactically executed legal arguments and vigorous advocacy. Steven was a partner at Los Angeles’ Munger, Tolles & Olson LLP and then Dechert LLP’s Austin office, and also served as a law clerk for the Honorable Alfred T. Goodwin, United States Circuit Judge for the Ninth Circuit Court of Appeals.

Experience

  • Lead counsel on legal motions and appellate issues for a major pharmaceutical company in a federal MDL with over 10,000 individual cases, as well as related coordinated state court proceedings in Delaware and New Jersey. Steven successfully argued and drafted Daubert and summary judgment motions to prevail in the first two sets of bellwether cases in the MDL, in rulings affirmed by the Eleventh Circuit on an appeal Steven argued and briefed. Steven also was on the trial team in New Jersey state court that won a defense jury verdict in the only case in the mass tort litigation that made it to trial.

  • Represented a leading internet company in consumer class action litigation, including cases concerning the allegedly defective nature of smartphone devices, and allegedly false and misleading marketing practices; motions to dismiss granted in multiple cases.

  • Represented a provider of cable television services in consumer class action litigation concerning allegedly unfair and deceptive trade practices related to its consumer charging practices and bundling of cable television services, as well as in business tort litigation against a competitor cable and telecommunications company.

  • National counsel for a leading tobacco company for over a decade in class actions, FDA regulatory matters, and domestic and foreign government cost-reimbursement actions; lead legal strategist in, inter alia, defeating class certification in multiple consumer fraud class actions concerning the allegedly deceptive advertising of “light” cigarettes, prevailing in California state coordinated proceedings involving the allegedly deceptive nature of cigarette advertising and marketing practices and the alleged targeting of minors through cigarette advertising, and in a former US-territory’s multi-billion dollar medical cost-recoupment litigation.

  • Represented an ousted member of a multi-platinum rock-and-roll band in breach of contract and business tort action against the ousting band members, as well as related mediation proceedings; action settled on terms beneficial to client.

  • Represented corporations, producers, and artists in the entertainment industry, including record companies, music publishing companies, motion picture studios, television and film producers, and talent agencies, in complex business disputes, breach of contract actions, copyright and trademark litigation, and class action litigation.

  • Represented leading software company in nationwide consumer class action concerning the allegedly defective nature of the company’s software and operating systems; motions to dismiss granted and plaintiff chose not to amend complaint.

  • Represented a hospitality company in arbitration proceedings against a construction company and general contractor that misappropriated corporate asserts and committed fraud; action settled with admission of wrongdoing and repayment of funds.

  • Represented a magazine and its mass-media corporate owner defending against a motion picture celebrity’s claims for right of publicity, appropriation of name and likeness, and related Lanham Act claims, arising out of an article that included a famous photograph of the actor from a film that had been digitally altered in a parody editorial work; prevailed on First Amendment grounds in the Ninth Circuit, after trial on the merits.

  • Represented a magazine and author in defamation and invasion of privacy action filed by former LAPD detective related to high-profile criminal prosecution of celebrity arising from a magazine article that first disclosed defense theory that the former detective planted evidence to further incriminate the criminal defendant; action dismissed by plaintiff in face of First Amendment-based motion to dismiss.

  • Represented leading music publishing company in tort and copyright actions filed by various music performers related to copyrighted works.

  • Represented manufacturer of consumer goods in regulatory proceedings and a related series of consumer class actions concerning the allegedly false and misleading advertising of its products as natural or unadulterated.

Sample of Representative Published Opinions:  

  • Guinn v. AstraZeneca Pharms. LP, 602 F.3d 1245 (11th Cir. 2010) (affirming defense judgment on Daubert and summary judgment motions); 

  • Haller v. AstraZeneca Pharms. LP, 598 F. Supp. 2d 1271 (M.D. Fla. 2009) (granting summary judgment and Daubert motions); 

  • In re Seroquel Products Liability Litig., 2009 WL 618240 (M.D. Fla. March 12, 2009) (same); 

  • Scaife v. AstraZeneca LP, 2009 WL 1610575 (Del. Super. Ct. June 9, 2009) (same); 

  • In re Tobacco Cases II (Daniels), 41 Cal. 4th 1257 (2007) (affirming summary judgment on federal preemption grounds in UCL action based on alleged targeting of cigarette advertising to minors); 

  • Mulford v. Altra Group Inc., 242 F.R.D. 615 (D.N.M. 2007) (denying class certification in lights litigation); 

  • Davies v. Philip Morris U.S.A., Inc., No. 04-2-08174-2 SEA, 2006 WL 1600067 (Wash. Super. Ct. May 26, 2006) (denying class certification in lights cigarettes litigation); 

  • Californians For Disability Rights v. Mervyns, LLC, 39 Cal. 4th 57 (2006) (lead appellate counsel for amici business associations re application of Prop 64’s amendments to UCL standing requirements to pending cases); 

  • Hoffman v. Captal Cities/ABC, Inc., 255 F.3d 1180 (9th Cir. 2001) (directing entry of defense judgment on First Amendment parody grounds), reversing 33 F. Supp. 2d 867 (C.D. Cal. 1999).

Credentials

Education
  • University of Cambridge (LL.M, with first class honors, 1994) 
  • Stanford Law School (J.D., with distinction, 1992)
  • University of California, Los Angeles (B.A., magna cum laude, 1988)
    • Phi Beta Kappa
Bar Admissions
  • California
  • Texas
Clerkships
  • Honorable Alfred T. Goodwin, U.S. Court of Appeals, Ninth Circuit

Background

  • Dechert LLP
    Complex Commercial Litigation Partner (2006-2016)
  • Munger, Tolles & Olson
    Litigation Partner (1999-2006)
    Associate (1994-1998)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.