Eric Gibbs
Eric Gibbs prosecutes consumer protection, antitrust, whistleblower, financial fraud and mass tort matters. He has been appointed to leadership positions in dozens of contested, high profile class actions and coordinated proceedings, and currently serves in leadership positions in In re Equifax, Inc. Customer Data Security Breach Litigation, In re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation, In re Risperdal and Invega Product Liability Cases, In re Banner Health Data Breach Litigation. Eric has recovered nearly a billion dollars for the clients and classes he represents, and has negotiated groundbreaking settlements that resulted in meaningful reforms to business practices, and have favorably impacted plaintiffs’ legal rights.
Class counsel skillfully presented Class members' claims while opposed by a sophisticated company represented by experienced litigators.
- U.S. Magistrate Judge, Western District of Missouri
admissions−
awards+
Lawyer of the Year Award – Mass Tort Litigation/Class Actions in Oakland, CA, Best Lawyers, 2022
Top Ranked for Nationwide Product Liability: Plaintiffs, Chambers USA, 2023, 2022
Best Lawyers, 2012-2023
Recognized by Best Lawyers for his work in mass tort litigation, class actions, and privacy and data security law
Lawdragon 500 Leading Plaintiff Consumer Lawyer, Lawdragon, 2019-2023
Lawdragon 500 Leading Plaintiff Financial Lawyer, Lawdragon, 2020-2023
Titans of the Plaintiffs Bar, Law360, 2019
California Lawyer Attorney of the Year (CLAY) Award, Daily Journal and California Lawyer Magazine, 2019
Top Plaintiff Lawyers in California, Daily Journal, 2020, 2019, 2016
Cybersecurity & Privacy MVP, Law360, 2018
Consumer Protection MVP, Law360, 2016
Super Lawyers, 2010-2022
Top 100 Lawyers in Northern California
AV-Preeminent
Named among the highest class of attorneys for professional ethics and legal skills by Martindale Hubbell
Consumer Attorneys of California
Finalist for 2013 Consumer Attorney of the Year
education+
- J.D., Seattle University School of Law, 1995
- B.A., San Francisco State University, 1992
memberships+
Fellow, American Bar Foundation
Consumer Attorneys of California
- Board of Directors, Board of Governors
American Association for Justice
Public Justice- Class Action Preservation Project Committee
American Bar Association
National Association of Consumer Advocates
Association of Business Trial Lawyers
San Francisco Trial Lawyers Association
Presentations & Articles+
How to Combat Biases in Your Office
American Association for Justice Annual Convention
July 2023
“Attorney’s Fees,” and “Cross Pollination: Diversifying Your Case Garden,” Co-Chair & Presenter
HB Litigation Conferences, Consumer Class Actions
May 2016
Best Practices for Class Action Settlements
American Conference Institute Defending and Managing Class Action Seminar
April 2016
Ethical Considerations in Class Action Settlements
ABA National Symposium on Class Action Litigation in America
March 2016
Consumer Privacy and Data Breach Litigation Group Meeting, Co-Chair & Presenter
American Association for Justice Winter Convention
February 2016
Lessons from Recent Automotive Industry Class Actions
Law Seminars International, Global Auto Defect Class Action Seminar
December 2015
Volkswagen Class Action and MDL Seminar – Diesel Emissions Scandal
Bridgeport Continuing Education
November 2015
Employment Cases from A to Z
Consumer Attorneys of California 54th Annual Convention
November 2015
Insights and Legal Remedies in Lumber Liquidators Litigation
HB Litigation Conferences
May 2015
Consumer Privacy and Data Breach Litigation Group Meeting, Co-Chair
American Association for Justice Winter Convention
February 2015
New and Developing Practice Areas- Riding the Wave in Pharmaceutical, Employment, Privacy and ERISA Litigation
Consumer Attorneys of California Annual Convention
November 2014
Getting Your Settlement Approved
Bridgeport Continuing Education 2014 Class Action Litigation & Management Conference
September 2014
Beyond the Mass Tort: Class Action Cases Arising from Big Pharmaceutical Wrongdoing
Consumer Attorneys of California Hawaii Seminar
December 2013
When Settlement Became a Dirty Word: What To Do If You Actually Want to Settle a Case in the Ninth Circuit
Consumer Attorneys of California Annual Convention
November 2013
Complex Fee Issues in the Class Action Settlement Process
National Association of Legal Fee Analysis 2013 Attorneys Fees Conference
October 2013
Class Certification Developments in Consumer Litigation
American Association for Justice 2013 Annual Convention
July 2013
Consumer Class Actions in the Wake of Daughty v. American Honda Motor Company
CAOC Forum Magazine
January 2009
Reputation and Recognition by the Courts
In over twenty years of practice, Eric has developed a distinguished reputation with his peers and the judiciary for his ability to work efficiently and cooperatively with co-counsel, and professionally with opposing counsel in class action litigation.
[Mr. Gibbs] efficiently managed the requests from well over 20 different law firms and effectively represented the interests of Non-Settling Plaintiffs throughout this litigation.
Judge Wu, In re Hyundai & Kia Fuel Economy Litigation (C.D. Cal)
The attorneys who handled the case were particularly skilled by virtue of their ability and experience.
Judge Debevoise, In re: Mercedes-Benz Teleaid Contract Litigation (D.N.J.)
They are experienced and knowledgeable counsel and have significant breadth of experience in terms of consumer class actions.
Judge Sabraw, Mitchell v. American Fair Credit Association (Alameda County Superior Court)
Representation was professional and competent; in the Court’s opinion, counsel obtained an excellent result for the class.
Judge Fogel, Sugarman v. Ducati North America (N.D. Cal)
Achievements and Leadership
Eric has been widely recognized for his professional excellence and achievements, and has been selected by numerous publications as a leading lawyer in the field of Class and Mass Actions.
In 2019, Law360 recognized Eric among its “Titans of the Plaintiffs Bar,” one of only 10 attorneys nationwide to receive the award, honoring “influential plaintiffs lawyers who had significant wins in 2018.” He also received the 2019 California Lawyer Attorney of the Year (CLAY) Award for his work in the Anthem Data Breach Litigation. The Daily Journal named Eric to its prestigious list of “Top Plaintiff Lawyers in California” for 2019 and 2016, and Law360 recognized Eric as a “2016 Consumer Protection MVP,” the only plaintiff-side lawyer in the country selected in that category. In 2018, Law360 named Eric a “Cybersecurity & Privacy MVP,” one of only five attorneys who received the honor nationwide. Consumer Attorneys of California selected Eric and co-counsel as finalists for the Consumer Attorney of the Year award for their work in achieving $100 million settlement in the Chase “Check Loan” Litigation.
His cases have been chronicled in major legal and news publications including NBC News, CNN, the National Law Journal, The New York Times, Auto Week, Market Watch, and Bloomberg News.
Eric holds a variety of leadership positions in professional associations dedicated to consumer advocacy, and he is frequently called upon to present on developing trends in the law at conferences throughout the country. Eric heads our California whistleblower attorney practice group.
Litigation Highlights
In re Anthem, Inc. Data Breach Privacy Litigation
Served as a court-appointed member of the Plaintiffs’ Steering Committee representing the interests of plaintiffs and putative class members following a massive data breach of approximately 80 million personal records. The lawsuit settled in August 2018 for $115 million, the largest data breach settlement in history.
In re Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation
Multidistrict litigation that alleged Chase Bank wronged consumers by offering long-term fixed-rate loans, only to later more-than-double the required loan payments. Eric led negotiations in the case, which resulted in a $100 million settlement with Chase eight weeks prior to trial.
In re Adobe Systems Inc. Privacy Litigation
As court-appointed lead counsel, Eric and his team reversed a long line of decisions adverse to consumers whose personal information was stolen in data breaches. Judge Koh issued a 41 page decision in plaintiffs’ favor and Eric negotiated a comprehensive reform of Adobe’s data security practices. The court’s landmark decision on Article III standing in this case marked a sea change and has been cited favorably in over twenty cases in the year since it was issued.
Skold v. Intel Corp.
After more than a decade of litigation, Eric as lead counsel achieved a nationwide class action settlement on behalf of approximately 5 million consumers of Intel Pentium 4 processors. The lawsuit changed Intel’s benchmarking practices and Intel agreed to a cash settlement for the class, along with $4 million in charitable donations.
Parkinson v. Hyundai Motor America
Eric served as class counsel in this lawsuit alleging that the flywheel and clutch system in certain Hyundai vehicles was defective. After achieving nationwide class certification, Hyundai agreed to a settlement that provided for 50-100% reimbursements to class members for their repairs and full reimbursement for rental vehicle expenses.
De La Cruz v. Masco Retail Cabinet Group
Eric served as lead attorney litigating the collective claims of dozens of misclassified account representatives for overtime pay under the Fair Labor Standards Act (FLSA). Successfully certified a class of current and former Masco account representatives and personally arbitrated the case to judgment obtaining full recovery for the class.
In re Providian Credit Card Cases
Eric played a prominent role in this nationwide class action suit brought on behalf of Providian credit card holders alleging that Providian engaged in unlawful and fraudulent business practices in connection with the marketing and fee assessments for its credit cards. The Honorable Stuart Pollack approved a $105 million settlement, plus injunctive relief—one of the largest class action recoveries in the United States arising out of consumer credit card litigation.