Nicholas L. Schlossman

Mr. Schlossman’s experience includes playing a significant role in:

Telecommunications

• Hunter v. Time Warner Cable, Inc., 2019 WL 3812063 (S.D.N.Y. 2019): Defeating class certification in a case alleging approximately 150 million phone calls placed in violation of the TCPA 
• Charter Communications, Inc. v. US, 722 Fed. Appx. 604 (9th Cir. 2019): Compelling the court to invalidate part of the TCPA as a content-based regulation of speech inconsistent with the First Amendment
• Miller v. Time Warner Cable, Inc., 2016 WL 7471302 (C.D. Cal. 2016): Securing dismissal of an injunctive TCPA claim for lack of Article III standing and compelling the remaining damages claim to arbitration

Food and Drug Law

• R.J. Reynolds v. FDA, 2022 WL 17489170 (E.D. Tex. 2022): Securing a permanent injunction against enforcement of FDA’s “graphic warnings” requirements on First Amendment grounds
• National Association of Wheat Growers v. Zeise, 468 F. Supp. 3d 1247 (E.D. Cal. 2018): Securing a permanent injunction against enforcement of California’s Proposition 65 warning requirement on First Amendment grounds
• Robert Ito Farm, Inc. v. County of Maui, 111 F. Supp. 3d 1088 (D. Haw. 2015): Convincing the court to invalidate county ban on biotechnology crops as preempted by federal and state law

Energy

• Representing multiple energy producers in contractual disputes brought by their vendors
• Representing a petrochemical manufacturer in a contractual dispute relating to release of natural gas pipeline capacity
• Representing an international oilfield services provider in federal securities class actions, related shareholder derivative litigation, and a US Securities and Exchange Commission investigation arising out of financial restatements relating to income tax accounting

Technology

• Representing an online service provider relating to multi-party copyright claims and defenses pursuant to the Digital Millennium Copyright Act (DMCA)
• Suttles v. Facebook, Inc., 461 F. Supp. 3d 479 (W.D. Tex. 2020): Securing dismissal with prejudice of a TCPA case for failure to state a claim
• Hale v. Teladoc Health, Inc., 2021 WL 1163925 (S.D.N.Y 2021): Securing dismissal with prejudice of a TCPA class action for failure to state a claim

Complex Class Litigation

• Hart v. Charter Communications, Inc., 2021 WL 4893353 (C.D. Cal. 2021): Compelling arbitration and rejecting enforceability challenges based on novel claim-preclusion arguments
• Hart v. Charter Communications, Inc., 814 Fed. Appx. 211 (9th Cir. 2020): Securing affirmation of a lower court victory compelling arbitration of consumer claims based on a contract formed through inquiry notice
• In re: Time Warner Cable, Inc., TCPA Litigation, 247 F. Supp. 3d 1388 (J.P.M.L. 2016): Convincing the court to deny centralization of TCPA class actions