Jonathan P. Hayden joined the firm in 1982 and has a litigation practice emphasizing trial work and complex class action defense. Mr. Hayden is the head of the firm's E-Discovery practice. He served as Managing Shareholder of the San Francisco office from 2003 to 2007.

Experience

Mr. Hayden represents financial institutions in class actions arising under a variety of legal theories and has significant jury trial experience in a range of matters. He has handled complex discovery matters throughout his entire career.

Representative Engagements

• Represented Visa/MasterCard issuer in connection with class action and Section 17200 claim arising out of a change in terms. California statewide class was certified. Case was then settled. Castro v. Providian (San Mateo County Superior Court).
• Representing mortgage lender in wage-and-hour putative class claim involving alleged uncompensated overtime. State law exemption and non-class Section 17200 claims eliminated by summary judgment. Remaining issues and claims still pending.
• Represented national Visa/MasterCard issuer in connection with class-action and Section 17200 claims challenging broad range of credit card practices. Case involved coordination of approximately a dozen cases in California state court and a Multi-District Litigation action in Federal District Court. Two rounds of class motions were defeated, and case was settled before a third round. In re Providian Credit Card Cases (San Francisco Superior Court and MDL 1301).
• Represented secured lender in a series of cases filed in California state courts, alleging violations of Section 17200, based on the defendant's practices in reconveying of deeds of trust after payoff of loan. Defeated class certification and then settled the non-class Section 17200 claims. Late Reconveyance Cases (California state courts throughout state).
• Represented a lender in class and Section 17200 case pending in Federal District Court alleging Truth In Lending Act ("TILA") violations. Class was certified and case settled shortly before trial. Long v. HRS (United States District Court, Northern District of California).
• Represented a secured lender in case arising out of handling of accounts in bankruptcy and post-bankruptcy. Defeated class certification and settled individual claims. Metcalf v. Beneficial (United States District Court, Eastern District of California).
• Represented a Visa/MasterCard issuer, in a case alleging the improper termination of a credit card travel-bonus program. Negotiated settlement before an answer was filed or any discovery was done. Meyer v. Household Credit Services (Monterey County Superior Court).
• Represented lender in a Truth In Lending Act ("TILA") claim brought in Federal District Court. Successfully moved to compel arbitration, effectively terminating entire case. Stuart v. Household Retail Services (United States District Court, Central District of California).
• Represented consumer lender in a series of cases relating to financing water treatment devices sold in-home. Defeated class certification in several jurisdictions, and then negotiated settlement on a Section 17200 basis. Water Treatment Device Cases (California state courts throughout state).
• Represented utility in Section 17200 claim brought by alleged ratepayers seeking relief based on claim that transactions between utility and its parent company harmed the utility and ratepayers as part of California’s power crisis in the summer and winter of 2000. Case was stayed when PG&E filed for Chapter 11 protection. Wilson v. PG&E Company (San Francisco Superior Court).

Trial Engagements

• Hoffman v. Household Finance (Marin County Superior Court). Jury trial to successful verdict in lender liability case. Represented defendant lender.
• Household Commercial v. Shidler (Orange County Superior Court). Tried to successful conclusion complex judicial foreclosure case involving commercial property. Represented lender.
• In Re Apple Securities Litigation (United States District Court, Northern District of California). One of the trial lawyers in securities class-action jury trial. Mixed result from jury, new trial motion granted, and case then settled. Represented defendants.
• Jones v. Nichireku (San Francisco Superior Court). Jury trial to successful verdict in tortious interference claim. Represented defendant real estate developer.
• St. Paul Fire & Marine Corp. v. McCormick & Baxter (Superior Court, Multnomah County, Oregon). Commenced jury trial and then settled insurance coverage claim for environmental cleanup costs. Represented plaintiff insured.
• Varian v. General Electric (United States District Court, Northern District of California). Commenced trial and then settled case for contractual indemnity relating to environmental cleanup costs. Represented plaintiff.
• Wausau v. Syntex (San Francisco Superior Court). Tried to successful verdict a complex insurance coverage case, including a three-month bench trial and a five-month jury trial. Represented plaintiff insured.

Complex Discovery Engagements

• Leads Heller Ehrman’s E-Discovery Practice, and coordinates and develops the firm's expertise in handling the largest and most challenging discovery matters efficiently and effectively.
• Managed discovery in dozens of complex cases, including a multiparty expedited International Trade Commission matter with millions of pages of documents that had to be collected, reviewed and produced in a matter of months; several nationwide class actions involving consumer banking products; and numerous other consumer and wage and hour class claims.
• Conducts litigation readiness reviews and counsels clients on complex E Discovery issues.