Melanie Blunschi, a nationally recognized class action litigator, primarily defends technology clients in business-critical disputes, with a focus on securities litigation as well as privacy and consumer class actions.
With a track record of success before state and federal courts across the United States, Ms. Blunschi aligns case strategies with clients' business priorities to help achieve the best outcome for each client's unique goals.
Ms. Blunschi was recently named a Class Action MVP by Law360 for her success in resolving high-stakes class actions.
Ms. Blunschi serves as Global Vice Chair of the firm's Retail & Consumer Products Industry Group, is a local leader of Latham's Bay Area Women Enriching Business (WEB) Committee, and previously served as Co-Chair of the San Francisco Litigation & Trial Department. She is also a member of the Advisory Committee for the International Center for Conflict Prevention & Resolution (CPR).
Experience
Ms. Blunschi’s has extensive experience in class action and other complex litigation, including claims of securities fraud. Her representative clients in these types of matters have included Apple, Facebook, AMD, Oracle, Deutsche Bank, and others.
Selected results include:
Obtaining an outstanding result for the world’s largest social media company in a class action arising out of a criminal attack on its web platform affecting approximately 29 million users globally; as a result of Latham’s aggressive early discovery into plaintiffs’ claims and multi-pronged motion to dismiss, the court dismissed all but one of the 10 claims, dramatically narrowing the case; Latham then defeated class certification on a US$6 billion damages claim; the Court approved a no-damages settlement earlier this year (N.D. Cal.)
Successfully defending AMD, a global semiconductor company, in a securities class action based on alleged false statements regarding demand for certain types of processors; the case settled for pennies per share – and less than plaintiffs spent litigating (N.D. Cal.)
Securing a complete victory for Revel Systems, a point-of-sale technology company, after a former consultant tried to seize a portion of the company based on an alleged early-stage stock grant; after a contentious evidentiary hearing, the arbitrator found in Revel’s favor on all claims (AAA)
Convincing plaintiffs in a securities class action against Live Nation to abandon their claims instead of filing an amended complaint (C.D. Cal.)
Winning dismissal for a major technology company of a putative class action regarding alleged security vulnerabilities in smartphone and other mobile device processors (N.D. Cal.)
Winning summary judgment in favor of Oracle Corporation in a US$3 billion securities fraud class action arising from a missed earnings forecast and alleged false statements regarding functionality of integrated ERP and CRM software (N.D. Cal. & 9th Cir.)
Successfully defending an online advertising technology provider in putative consumer class actions alleging it had used “super cookies” in violation of privacy and consumer protection laws; this involved achieving walk-away settlements in both actions after filing motions to dismiss and pursuing aggressive discovery from plaintiffs (N.D. Cal. & Los Angeles Superior)
Winning dismissal of fraud claims against Balform Ltd. related to failed technology trials (N.D. Cal.)
Winning dismissal on behalf of Noah Education in a securities class action lawsuit based on Section 11 claims against a developer of interactive multimedia learning materials, its senior officers, and directors (S.D.N.Y.)
Successfully defending Deutsche Bank in securities actions related to its residential mortgage-backed securities business (S.F. Sup.)
Representing Stroz Friedberg, a cybersecurity and risk management firm, in proceedings arising out of Uber’s purchase of self-driving car technology (N.D. Cal., Del. Ch., & JAMS)
Winning dismissal for Ernst & Young of a securities class action based on a major bank failures (C.D. Cal. & 9th Cir.)
Qualifications
Bar Qualification
California
Education
JD, Stanford Law School, 2004 with distinction
BA, University of Southern California, 2001 magna cum laude
A Latham defense team for Apple achieved a decisive first-round victory in a New York federal securities litigation, earning a Shout Out in American Lawyer’s Litigators of the Week column.
Latham & Watkins LLP steered a range of clients through cutting-edge data privacy disputes, including securing the dismissal of claims that Otonomo Inc. surreptitiously tracked drivers' locations and helping Apple Inc. escape a consumer class action over security vulnerabilities in its devices, earning the firm a place among Law360's 2023 Cybersecurity & Privacy Groups of the Year.
Despite a downward trend in securities case filings over the past three years, Latham & Watkins LLP has remained one of the most active law firms on the defense side, taking over the top spot from Skadden Arps Slate Meagher & Flom LLP, according to reports released by Lex Machina.
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