Ashley M. Simonsen

• Representation of the world’s largest producer of Atlantic salmon in two nationwide consumer class actions in New York and Maine federal courts, and one representative action under the District of Columbia Consumer Protection Procedures Act (D.C. CPPA), challenging “all natural” and “sustainably sourced” claims. Won final approval of nationwide class settlement in New York.
• Representation of a major retailer of nutritional supplements against representative claims under the D.C. CPPA challenging allegedly misleading calorie information on dietary supplements. Secured dismissal at the pleadings stage.
• Representation of dietary supplement company in nationwide class action in California federal court challenging the marketing and advertising of glucosamine supplements as misleading under the UCL, CLRA, and FAL. Reached nationwide class settlement.
• Representation of snack food company in resolving Proposition 65 complaint challenging acrylamide levels in flatbread products. Won approval of consent judgment.
• Representation of Korean life sciences company in defense of product liability action in California state court. Won motion to quash for lack of personal jurisdiction.
  

Financial Services Industry

• Defeated at the pleadings stage—including winning two motions to dismiss—twelve class action lawsuits filed across the country against five financial institutions under state consumer protection laws alleging that defendants failed to pay fees to agents of small business loan applicants under the Paycheck Protection Program.
• Representation of Celtic Bank in defense of “true lender” class actions in California and other federal courts and in arbitration. Won complete defense victory for bank following five-day arbitration in what is believed to be the first time a bank has ever defeated “true lender” claims following an evidentiary hearing, leading to recognition as a "Top Attorneys Under 40” in Banking by Law360. Won motion to compel arbitration in California.
• Representation of “buy now, pay later” Fintech company against nationwide class action in California federal court challenging fee disclosures. Secured dismissal of case after filing motion to compel arbitration.
• Representation of loan servicer Navient in defense of three “true lender” class actions in California federal courts challenging interest rates and late fee charges. Won motions to dismiss two cases on federal preemption and statute of limitations grounds, and defeated certification of interest rate classes in another.
• Representation of Navient in defense of nationwide class action in New York federal court challenging representations to borrowers about Public Service Loan Forgiveness. Won motion to dismiss 13 of 14 claims, leading to a nationwide class settlement that won final approval.
• Representation of one of the nation’s leading financial institutions in multiple class-action lawsuits asserting violations of the FCRA and CCRAA arising out of the manner in which information was provided about accounts in bankruptcy proceedings.
• Representation of a Fintech lender in a class action accusing it of charging excessive fees and interest on consumer loans allegedly disguised as commercial loans. Obtained dismissal at the pleadings stage.
• Representation of Colorado Bankers Association, the Utah Bankers Association, and the National Association of Industrial Bankers as amici curiae in “true lender” lawsuits against two marketplace lenders in Colorado state court.
• Representation of American Fintech Council and Marketplace Lending Association as amici curiae in state attorney-general actions in California federal court challenging the OCC’s and FDIC’s “Madden-fix” rules.
• Regularly advise banks, Fintechs, and other financial services companies on "true lender" and “valid when made” issues arising in bank partnership models, including marketplace lending arrangements.

Sports Industry

• Representation of Los Angeles Dodgers in defense of breach-of-contract and antitrust claims asserted by four ticket brokers in California state court, including under the UCL and Cartwright Act. Secured dismissal of lawsuit.
• Representation of professional sports franchise defending class actions challenging ticketing policies in state and federal courts in California, including under the UCL and federal antitrust laws. Secured dismissal of both cases at the pleading stage.

Other

• Representation of concrete company in defense of class action in California state court challenging fee disclosures. Won motion for judgment on the pleadings on plaintiff’s UCL claim after taking over lead-counsel role following class certification of UCL claim.