G. Charles Nierlich

Co-Chair, Electronic Discovery & Information Law Practice Group at Gibson, Dunn & Crutcher LLP

G. Charles Nierlich

G. Charles Nierlich

Co-Chair, Electronic Discovery & Information Law Practice Group at Gibson, Dunn & Crutcher LLP

Biography

G. Charles “Chip” Nierlich, a partner in the San Francisco office of Gibson, Dunn & Crutcher, has substantial experience with complex commercial litigation at the trial and appellate level, with an emphasis on class actions and antitrust litigation. He frequently defends companies in the technology, consumer products, food and beverage, and automotive industries.

Mr. Nierlich’s work has been recognized by numerous publications. He was named one of the “Top Forty Under 40” emerging business leaders (and one of only five lawyers on the list) by the San Francisco Business Times. Law360 identified Mr. Nierlich as one of five top class action attorneys in the country under 40. Mr. Nierlich has been recognized multiple times as a top litigator by Super Lawyers and in Institutional Investor’s Benchmark Litigation Guide. Mr. Nierlich has also spoken on complex litigation to various groups, including at Harvard Law School, and has been quoted by the Wall Street Journal’s Law Blog.

Mr. Nierlich served as a judicial clerk to the Honorable Morris S. Arnold in the United States Court of Appeals for the Eighth Circuit from 1997 to 1998. Mr. Nierlich received his law degree, magna cum laude, from Harvard Law School in 1997, where he served as president of the student government and Notes Editor of the Harvard Journal of Law & Public Policy. He earned a Bachelor of Arts degree, magna cum laude, in Politics, Philosophy, and Economics, from Claremont McKenna College in 1994, where he was elected to Phi Beta Kappa.

Mr. Nierlich serves on the Advisory Board of the Kravis Leadership Institute, an academic research institute focused on the promotion and understanding of responsible, innovative leadership. Mr. Nierlich also coordinates associate mentoring programs for the firm’s San Francisco office.

Mr. Nierlich is admitted to practice in California, New York, and the District of Columbia.

Representative Matters

* Banks and West v. Nissan North America, Inc.: Represent Nissan North America with respect to putative class actions pending in California and Arkansas alleging that certain Nissan and Infiniti vehicles contain a purportedly faulty brake booster and allegedly pose a safety risk. Final settlement approval currently pending.
* In re Lithium Ion Batteries Antitrust Litigation: Represent NEC TOKIN in consolidated multidistrict proceedings with respect to claims by direct and indirect purchasers of lithium ion batteries that manufacturers of lithium ion batteries supposedly conspired to fix prices.
* In re Dynamic Random Access Memory (DRAM) Litigation: Represented Micron Technology, Inc. in consolidated multidistrict proceedings with respect to claims by direct and indirect purchasers of DRAM, as well as cases brought by over forty state Attorneys General. Defeated motion for class certification in cases brought by the Attorneys General.
* Oracle v. Micron: Represented Micron Technology, Inc. in action brought by Oracle America, Inc., relating to DRAM purchased by Oracle’s predecessor, Sun Microsystems. Obtained order reducing potential damages by over 90%.
* Vital Pharmaceuticals v. CytoSport: Represented CytoSport in connection with trademark and trade dress claims against Vital Pharmaceuticals and Vital Pharmaceutical’s counterclaims against CytoSport. Obtained summary judgment on all claims against CytoSport.
* Hodes v. Van’s International Foods: Obtained dismissal of putative class action concerning nutrition labeling after defeating motion for class certification.
* In re CytoSport Cases: Represented CytoSport, Inc. in coordinated class actions challenging the marketing and advertising of Muscle Milk® products. Obtained favorable settlement.
* Donavin v. Unilever: Represented Unilever United States, Inc. in consumer class action challenging the labeling of Slim Fast meal replacement bars. Obtained dismissal of the action after demurrers on multiple grounds.
* Levittan v. ConAgra: Represented ConAgra Foods, Inc. in consumer class action challenging the labeling of Knott’s Berry Farm 100% Fruit. Obtained favorable settlement after deposition of the named plaintiff.
* Sorensen v. Gelson’s Markets: Represented Gelson’s Markets in coordinated group of consumer class actions challenging California retailers’ carrying nationally labeled vegetable oil spread and butter products that allegedly did not satisfy California’s unique labeling requirements.
* Lisko v. CytoSport: Represented CytoSport, Inc. in consumer class action alleging that CytoSport’s Muscle Milk® protein nutrition products were mislabeled. Obtained dismissal of the action after a motion to dismiss on multiple grounds.
* Allard, Cheldin v. Autotote: Represented Autotote, Inc. and Scientific Games in two nationwide class actions arising from the highly publicized Breeder’s Cup scandal that occurred when a rogue employee conspired with two friends to circumvent computer security measures and submit a late bet and win a multi-million dollar betting pool. Obtained dismissal of both complaints after a motion to dismiss on multiple grounds.
* Delacruz v. CytoSport: Represented CytoSport, Inc. in putative class action challenging the labeling of certain CytoSport Muscle Milk® Ready-to-Drink products. Obtained favorable settlement.
* Azizian v. Federated Department Stores: Represented manufacturer of cosmetics in consumer class action challenging various cosmetics promotions.
* Gerlinger v. Amazon.com: Represented Amazon.com in consumer class action challenging an agreement between Amazon.com and Borders with respect to online sales. Obtained summary judgment on behalf of Amazon.com, affirmed by the Ninth Circuit Court of Appeals.
* In re Cellphone Termination Fee Cases: Represented AT&T Wireless in coordinated consumer class actions challenging wireless carriers’ imposition of an early termination fee on customers terminating service before the conclusion of the contract period. Successfully argued appeal of trial court’s denial of motion to compel arbitration.
* Tucker v. AT&T Wireless: Represented AT&T Wireless in representative action under California’s Unfair Competition Law raising claims relating to AT&T’s disclosure of certain billing practices. Successfully argued appeal, resulting in order that the named plaintiff lacked standing to pursue the action.
* Franklin v. The Villas Parkmerced: Represented Parkmerced Investors Properties, the landlord of the largest apartment complex on the west coast, with more than 3,000 units, in a class action brought on behalf of the residents concerning Parkmerced’s determination of rent increases.
* In re Chevron Corp.: Represented Chevron Corporation in connection with the Lago Agrio environmental litigation in Ecuador, in which plaintiffs seek billions of dollars. Obtained evidence, including outtakes from the movie Crude, that helped to uncover what the Wall Street Journal’s editorial page called the “Shakedown in the Rain Forest.”
* Costa v. Superior Court: Represented proponents of Proposition 77 in defense of litigation brought by the Attorney General of California, who sought an order prohibiting Proposition 77 from appearing on the ballot. Obtained order from the California Supreme Court establishing that Proposition 77 would appear on the ballot.
* Robbins v. DaimlerChrysler AG, et al: Represented DaimlerChrysler with respect to various claims including purported failure to warn of alleged safety issues with the Jeep CJ-7 vehicle. Obtained favorable settlement at an early stage.
* Williams Securities Litigation: Represented the Williams Companies in securities class action litigation brought on behalf of former owners of securities issued by Williams and former Williams subsidiary Williams Communications Group.
* Hall v. US Sailing: Represented Farrah Hall, an elite international windsurfer, in actions against US Sailing with respect to the process for selecting the US rep

Overview
Career Highlights

Gibson, Dunn & Crutcher LLP

RelSci Relationships

1187

Number of Boards

2

Number of Awards

2

Relationships
RelSci Relationships are individuals G. Charles Nierlich likely has professional access to. A relationship does not necessarily indicate a personal connection.

Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Co-Chair, Securities Enforcement Practice Group at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Redgrave LLP

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Co-Chair, Electronic Discovery & Information Law Practice Group at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Co-Chair, National Intellectual Property Practice at Gibson, Dunn & Crutcher LLP

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Co-Chair, International Trade Practice Group at Gibson, Dunn & Crutcher LLP

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G. Charles Nierlich
Co-Chair, Electronic Discovery & Information Law Practice Group at Gibson, Dunn & Crutcher LLP
Education
J.D., magna cum laude
Class of 1997

Harvard Law School offers an energetic and creative learning environment, a diverse and dedicated faculty—whose expertise spans a broad array of legal subjects—and a student body that comes from every state in the U.S. and more than 70 countries around the world. Approximately 1,900 students attend HLS each year: 1,680 J.D. students, 160 LL.M. students, and 50 S.J.D. candidates. The faculty includes more than 100 full-time professors and more than 150 visiting professors, lecturers on law, and instructors. The curriculum features more than 260 courses and seminars that cover a broad range of traditional and emerging legal fields. A Harvard Law education prepares students for success in law practice, business, public service, teaching, and more. Most HLS students are pursuing a J.D. (Juris Doctor) degree, while many others are earning an LL.M. (Master of Laws) or the S.J.D. (Doctor of Juridical Science). Harvard Law School also offers many joint degree programs, coordinated programs, and concurrent degree opportunities with other schools within Harvard University. The Law School community is also home to numerous research programs and engaging publications, including books, scholarly periodicals, newsletters, and a weekly student newspaper.

BA in Politics, Philosophy & Economics, magna cum laude, Phi Beta Kappa
Class of 1994

As one of the nation's most selective private liberal arts colleges, CMC sits among the intellectually-stimulating, socially-fulfilling, seven-college community known as The Claremont Colleges, a system modeled after England's Oxford University. Founded in 1946, CMC is the youngest of the nation's top colleges and enrolls approximately 1,200 students. Claremont McKenna College (CMC) educates its students for thoughtful and productive lives and responsible leadership in economics, government and public affairs. CMC's strong grounding in the liberal arts, together with its emphasis on economics, government, and international relations, attracts students who approach education pragmatically and who intend to make a difference in the world. With this broad-based foundation graduates leave CMC well prepared for the challenges of the 21st century. Many go on to pursue careers in law, business, government, foreign service, international relations, public policy, museum administration, science and education, or to pursue graduate study. The College's cutting-edge research institutes provide students unprecedented opportunities to work alongside their professors and discover how what they learn in the classroom links to life in the world behond. The world comes to Claremont McKenna through a vibrant and renowned speakers series in which world leaders, thinkers, artists and visionaries visit campus through the Marian Miner Cook Athenaeum and other public programming. In September 2007, Robert A. Day, the Founder and Chairman of The TCW Group, Inc., pledged a $200 million personal gift to establish the Robert Day School of Economics and Finance and its unique programs. This was the largest recorded gift to a liberal arts institution, the largest gift in the field of finance and economics, and among the top 20 largest gifts ever given to a college or university. Through his generosity, the Robert Day School of Economics and Finance now offers multiple programs, including a Master of Arts in Finance degree

Memberships
Notes Editor
Prior

The Harvard Journal of Law and Public Policy is a student-edited law review of conservative and libertarian legal scholarship. It was established by Harvard Law School students Spencer Abraham and Stephen Eberhard in 1978, leading to the founding of the Federalist Society, for which it is the official journal.

Career History
Co-Chair, Electronic Discovery & Information Law Practice Group
Current

Gibson, Dunn & Crutcher LLP provides legal services. The firm provides services in areas such as labor, employment, entertainment & media law, toxic torts and other environmental matters. Its clients include commercial & investment banks, government entities, individuals and startups. The company was founded in 1890 and is headquartered in Los Angeles, CA.

Boards & Committees
Member, Class Action Practice Group Steering Committee
Current

Gibson, Dunn & Crutcher LLP provides legal services. The firm provides services in areas such as labor, employment, entertainment & media law, toxic torts and other environmental matters. Its clients include commercial & investment banks, government entities, individuals and startups. The company was founded in 1890 and is headquartered in Los Angeles, CA.

Member, Advisory Board
Current

The Henry Kravis Leadership Institute sponsors a sound education program of leadership studies at Claremont McKenna College. CMC students are encouraged to develop their full potential through curricular and experiential learning. Programs include the Leadership Studies Sequence (equivalent to a minor in leadership studies), Leadership Workshops, and Summer Internships. The Institute publishes a quarterly newsletter, Illumine; and Leadership Review, a professional quarterly Internet journal with a leadership focus, both of which offer students the opportunity for editorial experiences. Research programs focus on expanding our knowledge and understanding of leadership and organizational effectiveness as the Institute contributes to the growing body of knowledge in the field. Students from all disciplines work in the Institute, conducting research with Institute faculty, participating in community outreach projects, and engaging in independent study. Step Up to Leadership draws nationwide high school students to an intensive week-long summer leadership camp. The Institute host national conferences, local workshops, and speaker series with a focus on outreach programs that enhance the development of young leaders and the leadership capabilities of the larger community. The annual Kravis-de Roulet Leadership Conference brings together practitioners and academicians to explore current research and exchange ideas about leadership. Mentoring, Civic Leadership, and Organizational Consulting classes contribute to the community through practical student application of classroom learning.

Awards & Honors
Admitted to the California Bar
Admitted to the New York Bar
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