Craig Cardon

Mass Arbitration

Represented renowned video game company in mass arbitration over in-game targeted advertising. The matter involved bringing affirmative claims against claimants’ counsel for interference with contract and false advertising claims against arbitral provider.
Represented branded national apparel retailer in coordinated mass arbitration over product pricing claims.
Represented multiple retailers and brands in dozens of mass arbitrations over web tracking privacy claims, including conducting numerous bellwether arbitrations.
Represented international cosmetics retailer in mass arbitration relating to claims of discrimination from product recommendations
Represented leading consumer-facing technology platform in mass arbitration related to service pricing.
Represented e-comm sporting goods sites in connection with mass arbitration arising out of data breach.

False Advertising

Obtained dismissal for The Children’s Place in precedent setting PFAS class action relating to school uniforms.
Defeated class certification for Vital Farms on behalf of allegations challenging humane and pasture-raised nature of egg production. Excluded plaintiffs’ conjoint damages expert on Daubert challenge.
Defeated damages class certification on behalf of Lenovo in a false advertising and reference pricing class action.
Obtained order on writ to Ninth Circuit on behalf of Williams-Sonoma, reversing the District Court’s attempt to aid plaintiffs’ counsel’s attempt to find new plaintiff as beyond the permissible scope of Rule 26.
Represented Pottery Barn in a false advertising and reference pricing class action. Defeated class certification.
Represented Nordstrom in a reference pricing class action. Won affirmance in the First Circuit of the dismissal of all claims.
Represented Burberry in a reference pricing class action in SDNY. Won dismissal.
Represented The TJX Companies in sales tax class action. Won dismissal.
Represented Kate Spade in a reference pricing class action. Won dismissal of key claims.
Representing multiple retailers in consumer class actions seeking refunds based on later disallowed tariffs

Privacy and Data Security

Represented Sephora, Dick’s Sporting Goods and The TJX Companies in a putative class action alleging violations of the CCPA. Won dismissal of the CCPA claims.
Represented Running Warehouse and affiliated sports e-commerce sites in a series of data breach class actions. Won affirmance in the Ninth Circuit of orders compelling arbitration and dismissing the actions.
Represented Williams-Sonoma in a JCCP coordinated data collection class actions. Won affirmance on appeal of the order denying class certification.
Represented Sephora in email pixel class action. Won affirmance on appeal in the Ninth Circuit of dismissal of all claims.
Represented Sonic Drive-Ins in consolidated data breach class action MDL proceeding. On the eve of trial, won Daubert motion entirely excluding the plaintiffs’ damages expert and severely limiting their causation expert.
Obtained dismissal of Sur La Table in email subject line class action under controversial Washington state law.
Obtained dismissal of Patagonia in email pixel class action.
Defeated class certification on behalf of Levi Strauss in data collection class action.
Obtained dismissal of The TJX Companies in data collection class action. Dismissal affirmed by the First Circuit.

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