Luanne Sacks
Education:
JD, University of Pennsylvania Law School
BA, University of Pennsylvania
Admissions:
California
Biography
Lu Sacks is a founding partner of Sacks & Scott. In her more than 37 years of practice, Lu handled more than 250 consumer and employment class actions. This afforded her a tremendous opportunity to assist clients in identifying and executing best practices and compliance techniques that mitigate litigation exposure in the reality of today’s fast-changing legal and business environments.
Currently, Lu focuses her time exclusively on counseling clients regarding all aspects of consumer and employment law compliance. This includes reviewing advertising materials, consumer contracts and application forms, employment practices and handbooks, arbitration provisions, warranties, operations manuals, privacy policies, and internet website collateral. She also acts as litigation oversight and settlement counsel in partnership with other law firms when requested by clients.
Lu provides counseling services to clients in many industries, including computer hardware and software, consumer retail sales, franchise, food/restaurant, manufacturing, medical devices, and technology. She advises private equity groups regarding due diligence, mergers and acquisitions, and privacy matters. Further, she evaluates exposure and counsels regarding litigation avoidance in connection with the recall of tainted foods and defective consumer products.
The respected research publication Legal 500 recommends Lu, noting that she is regarded as an “accomplished lawyer” for class action matters. Lu has been included in the list of Northern California Super Lawyers in every year since 2005. She was recognized in The Best Lawyers in America frequently starting in 2007, and as a Martindale-Hubbell Top Rated Lawyer.
Prior to founding Sacks & Scott (formerly known as the Sacks Law Office), Lu founded Sacks, Ricketts & Case LLP and practiced with the firm from 2013 until 2022. Previously, Lu was the most senior woman partner in the San Francisco office of DLA Piper LLP (US). She served as co-chair of DLA Piper’s Class Action practice from 2007-2013 and was head of Litigation for DLA Piper’s Northern California offices from 2005 to 2007.
Representative Litigation Matters
Representation of national franchisor in California wage and hour class action. Success on motion for summary judgment on joint employer, agency, and vicarious liability claims.
Representation of national franchisor in the settlement of multiple consumer class actions alleging unlawful business practices, breach of the covenant of good faith and fair dealing, and unjust enrichment.
Representation of national franchisor in the settlement of multiple California wage and hour class actions.
Representation of private equity firm in Pennsylvania state court. Secured dismissal after success on preliminary objections.
Representation of national franchisor in securing voluntary dismissals on varying claims in numerous individual actions across the country.
Representation of numerous restaurant franchise companies in settlements of California wage and hour class actions.
Representation of national franchisor in class action alleging violation of the Telephone Consumer Protection Act. Success on motion to dismiss and then secured voluntary dismissal after filing a second motion to dismiss on the amended pleading.
Representation of Las Vegas restaurant in Nevada wage and hour class action. Succeeded on two motions to dismiss.
Representation of identity theft protection company in numerous class actions alleging varying claims including violation of California’s Automatic Renewal Law and the Telephone Consumer Protect Act. Negotiated favorable settlements.
Representation of internet technology company in multiple consumer class actions. Obtained dismissal at the pleading stage.
Representation of technology product development company in multiple nationwide consumer class actions involving allegations of fraud, breach of warranty, unfair competition, fraud, and others.
Representation of group of transportation service companies in a class action alleging violation of wage and hour laws under the Fair Labor Standards Act (FLSA). Succeeded on a motion to dismiss the complaint in its entirety.
Representation of proxy advisory firm. Obtained clause construction award in AAA arbitration proceedings precluding the plaintiff from pursuing class-wide relief in a putative class action alleging misclassification of employees.
Representation of restaurant franchise company seeking affirmance of trial court order denying class certification in employee misclassification case. Appellate Court affirmed trial court decision in all respects.
Representation of video-game hardware and software distributor in numerous nationwide class actions regarding software updates, Terms of Service, and video game consoles. Matters favorably resolved through settlement, stipulated dismissal, or court grants of motions to dismiss.
Representation of client in nationwide class action concerning long-term care insurance. Obtained court order denying class certification.
Representation of computer hardware manufacturer in class action alleging deceptive advertising and breach of express warranty claims. Secured dismissal of class action complaint at the pleading stage.
Representation of software developer-distributor in a class action alleging violation of securities laws and breach of contractual and fiduciary duties. Secured dismissal of all claims.
Representation of software developer-distributor against class action allegations. Secured reversal by the California Court of Appeal (4th District) of order certifying a nationwide class action.
Representation of distributors and manufacturers of computer hardware and software products, electronic game consoles, and home theater components in multiple nationwide and California class actions involving breach of warranty, Consumers Legal Remedies Act (CLRA), and Unfair Competition Law (UCL) claims.
Representation of major domestic telecommunications company in class action involving allegations of product defect and unfair business practices.
Representation of numerous clients in multiple “private attorney general” representative and class actions alleging consumer fraud in sales of life insurance products.
Representation of glass manufacturer against alleged violations of federal and state energy regulations and antitrust claims.
Representation of telecommunications provider against price fixing and market allocation antitrust claims in Nevada state court.
Representation of manufacturer of steel processing equipment against claims of breach of warranty, fraud, and product defects in federal court in Illinois. Obtained summary judgment decision.
Representation of client in Arizona state court in a shareholder action challenging a company’s acquisition of another publicly traded entity. Won on a directed verdict.
Representation of real estate partner in partnership dispute. Achieved successful result in San Francisco Superior Court after two-week bench trial.
Sampling of Reported Decisions
Turner v. Sony Interactive Ent. LLC, No. 21-CV02454-DMR, 2021 WL 5177733 (N.D. Cal. Nov. 8, 2021) (granting motion to dismiss).
Vann v. Massage Envy Franchising LLC, No. 13-CV-2221-BEN WVG, 2015 WL 74139 (S.D. Cal. Jan. 6, 2015) (success at summary judgment).
In re Sony PS3 Other OS Litig., 551 F. App’x 916 (9th Cir. 2014) (affirming, in part, motion to dismiss).
Garcia v. Sony Computer Entertainment America LLC and Activision Blizzard, Inc., No. C 11-02246 RS, — F. Supp. 2d —, 2012 WL 1610615 (N.D. Cal. May 8, 2012) and Garcia v. Sony Computer Entertainment America LLC, No. C 11-02246 RS, 2011 WL 7809556 (N.D. Cal. Sept. 19, 2011) (order of dismissal and judgment as a result of two successful motions to dismiss in a nationwide class action).
Fineman v. Sony Network Entertainment International LLC, No. C 11-05680 SI, 2012 WL 424563 (N.D. Cal. Feb. 9, 2012) (granting motion to dismiss).
Sony PS3 Other OS Litigation, No. C-10-1811 RS (EMC), 2011 WL 672637 (N.D. Cal. Feb. 17, 2011) (granting motion to dismiss).
Spalding v. Glass, Lewis & Co., LLC, 2010 WL 8025465 (Ca. Super.) (Dec. 29, 2010) (granting order compelling arbitration).
Lizarraga, et al. v. CBC Restaurant Corp., Case No. G043743, 4th Appellate District, California (2011) (appellate court affirmed trial court decision in all respects).
Dodd-Owens v. Kyphon Inc., No. C 06-3988 (JF), 2007 WL 3010560 (N.D. Cal. Oct. 12, 2007) (granting motion to strike class allegations).
Hoey v. Sony Electronics Inc., No. C-07-02106 (RMW), 515 F. Supp. 2d 1099, 2007 WL 2972915 (N.D. Cal. Oct. 10, 2007) (granting motion to dismiss class action complaint).
Dodd-Owens v. Kyphon Inc., No. C 06-3988 (JF), 2007 WL 1670338 (N.D. January 2012 Cal. Jun. 6, 2007) (granting motion to dismiss class FEHA claims with prejudice).
Arabian v. Sony Electronics Inc., No. 05-CV-1741 (WQH), 2007 WL 627977 (S.D. Cal. Feb. 22, 2007) (denying motion for class certification).
Sony Electronics Inc. v. Superior Court, 145 Cal. App. 4th 1086 (2006) (reversal of trial court order certifying class) (depublished by 2007 Cal. LEXIS 2671).
Publications
Co-author, “The California Supreme Court Clarifies Class Certification Issues in Brinker Decision,” DLA Piper Class Action Alert, April 12, 2012
Co-author, “California Supreme Court Decision Brings Wave of Class Actions Against California Retailers,” March 2011
Co-author, “In re Tobacco II: California Supreme Court Clarifies Standing and Reliance Requirements,” DLA Piper Class Action Alert, May 21, 2009
“Class Certification: When, Where and How to Seek and Challenge,” CLE International, Class Actions 2008
“Certification and Settlement of Class Actions in Federal and California Courts,” CLE International, Class Actions 2007
Co-author, “Merger Trend in the Insurance Industry Heats Up,” The Insurance Policy, Winter 2005
Co-author, “UnitedHealth Announces Plan to Acquire PacifiCare – Is Another Standoff with the California Department of Insurance Brewing?,” The Insurance Policy, Fall 2005
Co-author, “California Insurance Commissioner Denies Anthem’s Application to Approve its Mergers with WellPoint – Los Angeles Superior Court to Decide if the Commissioner Reached Beyond His Legal Authority in Doing So,” The Insurance Policy, Fall 2004
“Ethical Considerations in Prosecuting and Defending 17200 Actions,” Unfair Competition Claims 2004: California Section 17200 – Its Impact on Businesses Everywhere
“Use of the Anti-SLAPP Statute to Resolve Meritless Section 17200 and 17500 Claims: Recent Developments Program Schedule and Faculty,” Unfair Competition Claims 2003
Co-author, “California High Court Opinion Frowns on Nationwide Class Actions,” Legal Backgrounder, June 2001
Co-author, “Recovery Under the Unfair Competition Act,” March 2000
Co-author of a chapter concerning antitrust issues pertinent to insurance brokers and agents in The Insurance Antitrust Handbook, published in 1995 by the American Bar Association, Section of Antitrust Law, and was a member of the editorial board for the 2006 edition
Media Mentions
“Sony Settles PlayStation 3 Class Action,” Courthouse News Service, June 21, 2016.
“Sony PS3 Settlement Covers Up To 10M Console Buyers,” Law 360.com, June 20, 2016.
“Leaving Big Law for Collaboration & Diversity,” Attorney of the Month, October 28, 2013.
“Women from DLA Launch Big-Law Alternative,” The Recorder, July 9, 2013.
“Judge Dismisses Sony Ps3 Class Action,” 25 Westlaw Journal Software Law 8, 2012; “Judge Dismisses Sony Ps3 Class Action,” 29 Westlaw Journal Computer and Internet 3 2012.
“Game Over For Sony PlayStation Update Action,” Law360.com, December 8, 2011.
“Plaintiffs in Computer Memory Case Told to Forget About Class Action,” 20 Software L. Bull. 7, 2007; “Plaintiffs in Computer Memory Case Told to Forget About Class Action,” 24 Andrews Computer & Internet Litig. Rep. 8, 2007.
Presentations, Conferences, and Seminars
Lu has spoken on class action and unfair competition issues, as well as a variety of procedural and substantive legal matters.
Some of Lu’s notable presentations include the following:
Co-presenter for The Knowledge Group’s May 2016 presentation entitled “Class Action Litigation: The Ins and Outs in 2016.”
Co-presenter, “Consumer Privacy Class-Action Lawsuits: The New Landscape,” International Association of Privacy Professionals, June 2011.
Chaired the Practicing Law Institute’s annual conference on California Unfair Competition Law from 2002 through 2004.
Co-chaired CLE International’s 2008 Class Action Program and presented at its 2006 and 2007 Programs.
Presenter, “Recent Developments Concerning Group Actions,” British Institute of International and Comparative Law, 2006.
Presenter, Consumer Class Actions, CLE Defense Symposium for In-House Counsel, 2004.
Presenter, Consumer Class Actions, Silicon Valley Association of General Counsel Annual Meeting, 2004.
Presenter, “Joint Ventures, Mergers, and the World Wide Web: US and EU Trade Regulation of B2B Exchanges and Internet Mergers and Acquisitions” and “The Microsoft Decision: A Vivid Reminder that Market Definition Can Make or Break Your Case,” PLI’s 22nd Annual Institute on Computer Law, 2002.
Professional Recognition and Awards
BTI Client Service All Stars – 2020
Best Lawyers in America – Best Lawyers® – 2007-2022
The Legal Network – Top Lawyers in California – 2017
Martindale-Hubbell® Peer Review Rating™ AV® Preeminent™ 5.0 out of 5 2015-2019
Martindale-Hubbell Top Rated Lawyer in the categories of San Francisco Women (March 2015) and Litigation (February 2015)
Northern California Super Lawyers – 2005-2023
Top Women Attorneys in Northern California – San Francisco Magazine – 2015-2017
Chambers and Partners Other Noted Practitioners – Litigation: General Commercial – California – 2017